New York Process Service Instructions
If You Need Process Server Services in New York, Here Is What You Must Do:
I Have a Summons and/or Complaint or Out of State Summons and Complaint:
1- Send or bring the summons and complaint to us. If using the postal service, send two copies of the pleadings by regular mail, express mail or certified mail. If using fax or email, only send one copy.
Retain your original summons and complaint. Under New York laws it is O.K.. to serve true copies of Court papers. The sooner you send the documents the higher the chances for us to effect service timely.
2- Enclose a check or money order payable to "New York Process Service" or make payment on this website. Generally, the process service fee we charge is $110.00 for divorces and Family Court, subpoenas and summonses.
If you are an attorney you may be entitled to paying lower fees. Please visit the Process Service for Attorneys page to find discounted attorney fees or call us.
3- If available, please provide a description of defendant : height, weight, age, color of skin, color of hair, color of eyes and other identifying features. You may also attach a photo in addition to providing the description.
4- Provide a correct address for us to find and serve the Defendant. If possible give us home and work addresses and work schedule. If you provide an incorrect address, the process service fees you paid will not be refunded. However, we may attempt service of your papers at an additional New York City address you give us for an additional fee of $55.00. Service of process by us is guaranteed as long as you provide a correct address.
5- Inform us if the Defendant has evaded service before. If possible, tell us who is residing with him/her, the make of car he/she drives and whether the Defendant has guard dogs or a restricted access property or workplace.
6- Give us a correct address where we can send you the corresponding affidavit of service (Service return) after we serve your Defendant. Contact us promptly if you do not receive said affidavit by the date we promised you would receive it.
I Have a Divorce Summons and Petition, Family Court Petition and Summons or Out of State Summons for Divorce.
1- Follow Steps 1 through 6 outlined above. Generally the fee for Divorce and Family Court cases is $95.00.
2- If your case will be heard in a court out of New York, send a copy of the affidavit form required by your court (Your jurisdiction may require a legal affidavit or service return with a different format or verbiage).
3- Give us the name and description of any other adult who can accept process on behalf of defendant. If your court does not allow substituted service, please notify us.
Generally divorces and certain Family Court cases may take longer than five days to be served if respondents must be served in person and/or they are evading service. New York laws require personal service (in hand service) for all divorce cases and Child custody cases unless otherwise ordered by a judge.
4- If your case will be heard in New York, do not send affidavit forms and Child Support Affidavit forms because we already have those forms in our database.
I Have a New York Subpoena or Out of State Subpoena:
1-Follow steps 1 through 6 outlined above.
2-Along with the $95.00 that we charge for serving process in New York, you may also be required to add the New York subpoena fee for the witness or subpoena recipient. As per New York law, the subpoena fee may range from $0 to $45.00 , depending on the address of the witness and the venue where the case will be heard.
If you do not attach the subpoena fee we will serve the subpoena without it. If you wish to attach the fee, just add it to our service fee (E.g.: If you are paying $20.00 as subpoena fee, then send us $110+$20 = $130.00).
Please call or email us if you have questions.
I Need Process Serving in 24 Hours or I Need Rush Process Service for Today:
1- You must call us first and discuss the process service job with us before we agree to effect service on the same day or the next day.
2-1-Follow steps 1 through 6 outlined above.
3- You must always pay in advance for process service. This rules also applies for attorneys and law firms. Usually the cost is $225.00 for same day service. The fee for service within 48 hours is $150.00. Rush process service fees are NEVER refundable.
4- You must ensure that your court papers are either sent by FedEx, fax or email and received by us before 11:00 A.M. of the day when service will be effected.