New York Process Server Forum

Instructions For NY Process Servers for Divorce Cases

July 4, 2009 on 9:53 am | In Process Service in NYC | 5 Comments

1. For serving divorce cases (matrimonial cases) you must be over 18 years and a resident of New York State. If the service will be effected by a process service agency in New York City, it must use a duly licensed New York process server. Serving legal documents is regulated by the New York City Department of Consumers Affairs. For more process serving rules and process service laws for Brooklyn, Queens, New York County, Staten Island and Bronx, visit www.subpoenadelivery.com/legal-document/process-service-laws.html

2. You must not be a party to the action.

3. The summons cannot be served on a Sunday or legal holiday.

4. The words “ACTION FOR DIVORCE” (OR “ANNULMENT”) must be printed on the summons. This is required by law.

5. Do not place summons in wrapper or envelope.

6. Just hand the summons to the person to be served. The party needs not sign a receipt or otherwise acknowledge receipt. Do not take it back from party. Do not pick it up if it is dropped or discarded.

7. If the party refuses to take the summons in his/her hands, lightly touch the person with the summons and drop it in front of the person, announcing that “This is a summons”. Do not pick it up even if the party refuses to take it. Just drop it where it can be seen.

8. If you do not actually know the person to be served, you must take a photograph with you for identification; or the party bringing the action must be present to point the person out to you. If you use a photograph, it must be filed together with the affidavit of service.

9. Make a note of all these things about the person served:
Height
Weight
Age
Color
Hair color
Identifying marks (such as scars)

10. You must also a note of:
Date, time and place where the summons was served.

11. You must also ask the person served whether he/she is in the military service of the United States. This must be done even if the person is not obviously in the military service.