Legal Process Service Instructions for Out-of-State Cases
If You Filed a Case Out-of-State but You Do Not Reside in New York and You Need Process Server Services in New York, Here Is What You Must Do:
I Have an Out of State Summons and Complaint but I do not reside in New York:
1- Send the summons and complaint to us. If using the postal service, send two copies of the pleadings by regular mail, express mail or priority 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 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 "Superior Services JD, Inc" or make payment on this Website. Generally, the process service fee to pay is $110.00. For foreign cases the process service fee is higher (e.g.: The fee for service of process regarding cases filed in Canada is $125.00). 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.
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 attach a photo in addition to providing the description.
4- Provide a correct address for us to find and serve 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 will attempt service of your papers at an additional New York City address you give us free of charge if the first address you gave us is incorrect.
Service of process by us is guaranteed as long as you provide a correct address.
5- Inform us if Defendant has evaded service before. If possible, tell us who is residing with him/her, the make of car he/she drives, and whether Defendant has guard dogs or a restricted access property or work place.
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 an Ou-of-State Divorce Summons and Petition, or an Out-of-State Family Court Petition and Summons or an Out of State Citation.
1- Follow Steps 1 through 6 outlined above.
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 law requires service in hand for most of those cases unless otherwise ordered by a judge.
4- If your case will be heard in New York, do not send affidavit forms, Child Support Standards Chart and Child Support Affidavit forms because we have those forms.
I Have an Out of State Subpoena:
1-Follow steps 1 through 6 outlined above. Remember that Domestication of an Out-of-State Subpoena (Foreign Subpoena) might be required before service of process is effected. Please discuss this requirement with your local Court Clerk or call the Clerk of the Supreme Court of the State of New York in order to obtain additional information.
2-Together with the $110.00 that we charge for serving process in New York, you may need to add the New York subpoena fee for the
subpoena recipient (Witness Fee). As per New York law, the witness fee may range from $0 to $45.00., depending on the address of the witness and the venue where the case will be heard. In some cases higher fees apply because you may be required to pay for travel expenses or document production.
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 to the subpoena recipient, then please send us the amount of $110.00+$20.00 = $115.00).
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 in advance and discuss the process service job with us before we agree to effect service on the same day or the next day.
2- Follow steps 1 through 6 outlined above.
3- You must always pay in advance for process service. Usually the cost is $195.00 for same-day process service. For next day service of process in New York, the process service fee is $165.00.
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..