Nov 21, 2021 · To serve legal papers such as summons and complaints, a notice of petition and petition, or a motion, a court must give the green light for New York Process Service. The papers may be served by a process server, who may be paid for doing so. r The documents may also be served by anybody, such as a friend. However, the person delivering the ...
Aug 05, 2017 · For a New York State document service, the papers should be served to an Attorney General or Assistant Attorney General. To serve a paper against a State Officer or State Agency, the general delivery rules apply — documents must be served to the Officer or to the CEO of the agency in question, or any person who accepts papers for the CEO in ...
Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!
The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77 (j). United States Attorneys have no authority to accept service on behalf of the Attorney General.
Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.”. So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1). Rule 4 (i) (1) has two steps to effect service (provided ...
Send a copy of the summons and complaint by registered or certified mail to the U.S. Attorney General at Washington, D.C. While the address for the U.S. Attorney General is usually stated as 950 Pennsylvania Ave., NW, Washington , D.C . 20530, I would literally just write on the label “U.S. Attorney General, Washington, DC 20530.”
Rule 4 (i) (1) (B), according to Judge Easterbrook of the Seventh Circuit Court of Appeals, ” is designed to help the Department of Justice monitor its field offices and maintain a central register of litigation.” Tuke v. United States, 76 F.3d 155, 157 (1996).
In a decision in the case, Mercedes v. Holder, the judge stated that the plaintiff “served the officers and employees of the United States who are named defendants in this action, including the Attorney General.” Taking a look at that affidavit of service, service was addressed to “Eric Holder, Attorney General, U.S. Dept. of Justice, 950 Pennsylvania Ave., NW, Washington, D.C. 20530.”
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To serve a document to the City of New York, the process server must deliver the papers to a branch of the County Clerk’s Office. For a New York State document service, the papers should be served to an Attorney General or Assistant Attorney General.
To serve a document in NYC a person must be over 18 years of age, and cannot be involved as a party in the case. It’s possible to pay a licensed process server to deliver the papers, or a friend or family member of the involved parties can make the document delivery, as long as they do not serve over five papers each year (this would push them into a business category, for which the city has different requirements).
A process server must deliver an initial document in person. The server has to try at least twice to deliver the papers, on different days or at different times of day. If the person’s schedule is known, the server should attempt to reach them at times when they’re likely to be home.
Which is why it’s doubly important for process servers to follow the rules to the letter: failure to do so can lead to delays and even the dismissal of the case.
Documents must be served on a weekday or Saturday (never on a Sunday), between 6 a.m. and 10 p.m. No papers can be served on religious holidays.
The NY Court official website has a wealth of information about process serving as well as many other legal matters, and is geared towards legal professionals and regular citizens a like.
If you live in New York City , you must follow the state laws as well as the city-specific laws for process serving.
If the process server locates the right person, but the person refuses to take the paper, acts hostile, or attempts to run away, the process server should simply put the paper down and leave. Valid service has been accomplished. The process server should never try to use force to get a defendant to take any papers.
In the majority of states, you can serve papers by sending them to the defendant via certified mail with a return receipt requested. In some states, service by certified (or registered) mail is one among several ways you may serve papers. Other states require you to try service by certified mail first, before any other method of service. Normally, the court clerk does the mailing for you and charges a small fee. This is recoverable if you win. The mail method is both cheap and easy, but in most states the defendant must sign for the letter for this type of service to be effective. (In a few states, service is accomplished even if a certified letter is rejected by the defendant.) Most businesses and many individuals routinely sign to accept their mail. However, some people never do, knowing instinctively, or perhaps from past experience, that nothing good ever comes by certified mail. The consensus in an informal survey of court clerks is that about 50% of court papers served by certified mail are accepted. If you try using the mail to serve your papers and fail, and you end up having to pay a process server, tell the judge about it as part of your presentation and chances are your costs will be added to the judgment.
To get a default judgment, you will probably have to file a statement under penalty of perjury that the defendant is not in the military. This declaration is available from the clerk. Clerks almost always accept a Declaration of Nonmilitary Service signed by the plaintiff, as long as the plaintiff reasonably believes that the defendant is not on active duty. This constitutes a lenient interpretation of the law by clerks, but no one seems to be complaining.
1. Small claims papers may be served by an adult who is not named in the lawsuit by leaving a copy at the person's dwelling place in the presence of a competent member of the household who is at least age 18 (and who must be told what the papers are about) or at the person's workplace during normal business hours with the person in charge (who must be told what the papers are about).
Service by disinterested adult. Some states allow service by any person who is at least 18 years old, except the person bringing the suit. Any person means just that–a relative or a friend is fine. However, many states require that this person be approved by the court.
The reason you must serve the other side is obvious: Defendants in a case need to know about any claims against them and must be notified of the day, time, and place that they can show up to defend themselves. Normally, papers must be served in the state where you filed your lawsuit.
Many states allow out-of-state service on this type of claim. Your small claims court clerk will show you how this is handled in your state. All defendants on the plaintiff's claim or all plaintiffs on the defendant's claim must be served. It is not enough to serve one defendant or plaintiff and assume that that person will tell the others.
As an alternative to the methods of personal service authorized by section 307, 308, 310, 311 or 312 of this article, a summons and complaint, or summons and notice, or notice of petition and petition may be served by the plaintiff or any other person by mailing to the person or entity to be served, by first class mail, postage prepaid, a copy of the summons and complaint, or summons and notice or notice of petition and petition, together with two copies of a statement of service by mail and acknowledgement of receipt in the form set forth in subdivision (d) of this section, with a return envelope, postage prepaid, addressed to the sender.
A person domiciled in the state or subject to the jurisdiction of the courts of the state under section 301 or 302, or his executor or administrator, may be served with the summons without the state, in the same manner as service is made within the state, by any person authorized to make service within the state who is a resident of the state or by any person authorized to make service by the laws of the state, territory, possession or country in which service is made or by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.
Summons and notice. If the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default. Amendment.
A summons shall specify the basis of the venue designated and if based upon the residence of the plaintiff it shall specify the plaintiff`s address, and also shall bear the index number assigned and the date of filing with the clerk of the court. A third-party summons shall also specify the date of filing of the third-party summons with the clerk of the court. The summons in an action arising out of a consumer credit transaction shall prominently display at the top of the summons the words “consumer credit transaction” and, where a purchaser, borrower or debtor is a defendant, shall specify the county of residence of a defendant, if one resides within the state, and the county where the consumer credit transaction took place, if it is within the state. Where, upon order of the court or by stipulation of all parties or as of right pursuant to section 1003, a new party is joined in the action and the joinder is not made upon the new party’s motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court and served upon such party.
Generally.#N#Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
Personal service upon the state shall be made by delivering the summons to an assistant attorney-general at an office of the attorney-general or to the attorney-general within the state.
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In small claim and commercial claim cases commenced in the New York City Civil Court, or in the District, City and Justice courts outside of New York City, the 30-day period within which to take an appeal begins to run when (1) the court served the order or judgment upon the appellant, (2) a party serves the order of judgment upon the appellant, or (3) the appellant serves the order on the party, whichever occurs first (NYC Civil Court Act § 1703 [a]; Uniform City Court Act § 1703 [a]; Uniform District Court Act § 1703 [a]).
Most oral arguments on appeals to the Appellate Term for the 2nd, 11th and 13th Judicial Districts (Kings, Queens and Richmond counties) are held at the Brooklyn courthouse. Oral arguments heard on appeals for the 9th and 10th Judicial Districts are heard at various locations, as set forth under Calendaring and Oral Argument
After the notice of appeal is filed, the appellant may send a letter to the Appellate Term requesting the forms to apply for poor person relief (to purchase the minutes) and to be assigned an attorney. The Appellate Term will then mail the necessary forms to fill out and return to the court.
In most civil cases, a notice of appeal must be served upon the adverse parties and filed in the court where your case originated within 30 days after service upon the appellant of a copy of the judgment or order to be appealed with written notice of its entry, except that when the appellant has served a copy of the judgment or order with written notice of its entry, the appeal must be taken within 30 days thereof (CPLR 5513 [a]).
A motion for permission to appeal must be made within the same time limits and, if permission to appeal has already been denied by order of the trial court whose determination is sought to be reviewed, within 30 days after service of that order and notice of its entry (CPLR 5513 [b]).
An appeal as of right is taken by serving anotice of appeal on all other parties involved in the action and filing the notice of appeal in the court where your case originated (CPLR 5515 [1], along with a copy of the order or judgment appealed from, and a copy of the opinion or decision, if any.
An order to show cause may be presented for signature at the Appellate Term courthouse located at 141 Livingston Street, 15th Floor in Brooklyn, Monday through Friday, between the hours of 9 a.m. and 5 p.m., excepting public holidays. Additionally, in all counties located in the Second Department (except Kings County), a proposed order to show cause may be presented to an Appellate Term Coordinatorin the Supreme Court located in the county in which the order or judgment appealed from arose. The coordinators, Supreme Court clerks trained in the court’s procedures by Appellate Term staff, undertake a preliminary review of the submission, and then transmit it via digital sender to the Appellate Term clerk’s off ice. The clerk’s office in turn reviews the submission and presents the application for review by a reserve justice, and returns the justice’s decision to the coordinator for dissemination to the moving party. This has led to significant convenience to court users, as well as speedier and more consistent processing and disposition of applications. Applications pursuant to CPLR 5704 (b) are processed in much the same way. The procedures are more fully described elsewhere on this site.
Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.
If a lawsuit has been commenced, the goal is to get the quickest, most cost effective and painless resolution.
Experienced counsel can help determine what is at the core of the investigation and who the real targets are – which can help limit the investigation or point it in the proper direction.
The cover-up often is worse than the crime. Third, contact experienced counsel immediately. Attorneys general commence investigations for a wide variety of reasons. Perhaps they are seeking information about, or are investigating, your industry generally.
If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755.
If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. Filing a false complaint is punishable as a Class A Misdemeanor. Charities and Fundraising. Consumer Issues. Civil Rights and Discrimination.
Filing a false complaint is punishable as a Class A Misdemeanor.