Process Server Laws in New York

CPL 120.20; CPL 120.80

Arrest warrants in New York are issued by a local criminal court upon reasonable cause to believe the defendant committed an offense, under CPL 120.20. The warrant is addressed to and executed by any police officer in the state. The officer must inform the defendant of the authority and cause of the arrest and show the warrant upon request. Private process servers have no authority to execute criminal arrest warrants.

CPL 610.10; CPL 610.20; NYC Admin Code 20-403

Criminal subpoenas in New York are governed by CPL 610.10 et seq. Subpoenas ad testificandum and subpoenas duces tecum may be served by any person 18 or older, including licensed process servers in NYC. Service is made by delivering a copy to the witness personally. In NYC, servers who serve 5 or more processes per year must hold a DCWP license and use GPS tracking per NYC Admin Code 20-403.

CPL 130.10; CPL 130.40

A criminal court summons in New York is issued under CPL 130.10 for offenses other than felonies. The summons commands the defendant to appear before a designated local criminal court at a specified time. Service is made by a police officer or peace officer delivering a copy to the defendant. For corporations, service follows Business Corporation Law procedures. Private process servers are not authorized to serve criminal summons.

CPL 610.25; CPL 190.10

Grand jury subpoenas are issued under CPL 610.25 and served in the same manner as trial subpoenas. They command the witness to appear before the grand jury. The subpoena may be served anywhere in the state by any person 18 or older. A witness who fails to comply may be held in contempt. Grand jury subpoenas do not require advance notice to the target unless otherwise ordered by the court.

CPL 120.90; GBL 89-cc; NYC Admin Code 20-403

The officer executing a criminal warrant makes a return to the issuing court. For subpoenas, proof of service is established by affidavit of the server, filed with the court. In NYC, licensed process servers must maintain detailed records/ledgers of all service under GBL 89-cc, including GPS coordinates of service. All proofs of service must include the server's name, address, and — in NYC — license number.

DRL 111; SCPA 307; CPLR 308

Adoption proceedings in New York are filed in the Surrogate's Court or Family Court under DRL 111 et seq. Notice of the adoption must be served on the birth parents (whose consent has not been obtained or is not required), the child (if 14 or older), and any agency having care or custody. Service follows SCPA 307 and CPLR 308. If a parent cannot be located after diligent search, service by publication may be authorized.

FCA Art. 6; FCA 154; DRL 76

Custody petitions are filed in Family Court under FCA Article 6. Service of the petition and summons follows FCA 154 — personal delivery or substituted service. New York has UCCJEA jurisdiction under DRL 76 when the state is the child's home state (resided there for 6 consecutive months). The respondent must be served at least 8 days before the hearing (or 15 days if service is outside the county).

DRL 211; DRL 230; CPLR 308

Divorce actions in New York are commenced by filing a summons with notice or summons and complaint in the Supreme Court under DRL 211. Service follows CPLR 308 — personal delivery, substitute service at dwelling or business plus mail, service on agent, or nail-and-mail after due diligence. The defendant has 20 days to answer if personally served (30 days if served by other means). New York requires 1 year of residency under DRL 230 for most grounds.

FCA 312.1; FCA 320.2

Juvenile delinquency proceedings are governed by FCA Article 3. The petition and summons must be served on the juvenile (the "respondent"), the parents, and any legal guardian by personal delivery under FCA 312.1. If personal service cannot be made after reasonable effort, the court may authorize substituted service. The initial appearance must occur within 72 hours of filing if the juvenile is detained.

FCA 842; CPL 530.12; CPLR 308; FCA 154

Orders of protection in New York are issued under Family Court Act 842 (family court) or CPL 530.12 (criminal court). Temporary orders of protection are served on the respondent by a law enforcement officer or any person authorized under CPLR 308. Service must be completed before the hearing. In family court, the petition and summons may also be served by personal delivery under FCA 154. Violation of an order of protection is a criminal offense under PL 215.50.

New York does not require a state license for process servers, but New York City requires a license issued by the NYC Department of Consumer and Worker Protection. Process servers in NYC must be at least 18, pass a background check, and carry liability insurance.

NYC Admin Code §20-404

In New York City, process servers must be licensed by the Department of Consumer Affairs.

CPLR §308

CPLR §308: Personal service on natural person by (1) delivery to person; (2) substituted + mail; (3) agent; (4) nail & mail after due diligence; (5) court-ordered if impracticable

In New York, process may be served by any person who is at least 18 years old and not a party to the action (CPLR §2103). Personal service involves delivering papers directly to the individual. If personal service cannot be made with due diligence, substituted service may be used under CPLR §308(4) — affix to door and mail.

SCPA 1801; SCPA 1802

The personal representative must publish notice to creditors in a newspaper designated by the Surrogate's Court once a week for 6 months under SCPA 1801. Known creditors must also be given actual notice by mail. Creditors have 7 months from the date of issuance of letters testamentary or of administration to present claims. Claims not presented within this period are barred against the estate.

MHL Art. 81; MHL 81.07; CPLR 308

Guardianship petitions for incapacitated persons are filed under Mental Hygiene Law Article 81. Notice of the hearing must be personally served on the alleged incapacitated person (AIP) at least 14 days before the hearing. Notice must also be served on the AIP's spouse, parents, adult children, and any person with whom the AIP resides. The court appoints a court evaluator to investigate. Service follows CPLR 308 or as directed by the court.

SCPA 1301; SCPA 1302

Estates of personal property valued at $50,000 or less (adjusted periodically) may be administered through a voluntary administration proceeding under SCPA 1301. The applicant files an affidavit with the Surrogate's Court. No formal probate is required, and no notice to creditors need be published. The applicant assumes responsibility for paying valid debts from the estate assets.

SCPA 1410; SCPA 307

Objections to probate of a will may be filed in Surrogate's Court under SCPA 1410. There is no fixed statute of limitations — objections must be filed before the decree admitting the will to probate becomes final. All persons interested in the estate must be cited and served under SCPA 307. Grounds include lack of testamentary capacity, undue influence, fraud, and improper execution. A jury trial may be demanded.

§20-403

No statewide licensing. NYC (5 boroughs): Required by DCWP if serving 5+ processes/year (NYC Admin Code Title 20 Ch2 Subch 23 §20-403); $10k bond individual, exam, records. Agencies $100k bond. NYC DCWP

CPLR §2103

CPLR §2103(a): Any person not a party to the action, 18 years or older

CPLR §306

CPLR §306: Affidavit (notarized if private server) or certificate (sheriff), detailing papers served, person/date/time/place/method, description of person served, due diligence if 308(4). Filed w/in 20 days for substituted/conspicuous

New York accepts declarations under CPLR Rule 2106.

New York accepts affirmations/declarations under penalty of perjury per CPLR Rule 2106. Notarized affidavits are also accepted. In New York City, process servers must be licensed and may have additional filing requirements. The Mighty Affidavit Generator automatically applies the correct signing method for New York.

New York has no mandatory form; CPLR Rule 2106 accepts declarations. NYC requires licensed servers.

New York does not have a mandatory statewide form. CPLR §306 requires an affidavit by non-public officer process servers. Specialized forms include UD-3 (uncontested divorce) and CIV-GP-11 (NYC Civil Court mail service). NYC requires licensed process servers. Generic declarations are accepted under CPLR Rule 2106. The Mighty Affidavit Generator automatically selects the correct proof of service template for New York and fills it with your job data.

§120.05

NY Penal Law §120.05(14): Assault (physical injury) to obstruct/retaliate against process server while performing CPLR Art 3 duties is assault 2nd degree (Class D felony). Process Server Institute

§140

No specific statute on entering private property/gated communities; must avoid trespass (Penal Law §140). Process servers enter common areas like public but no forced entry privilege. [General trespass principles; no NY-specific PS statute found]

CPLR §315

CPLR §315: Court orders upon motion w/o notice if service per §314 actions cannot be made w/ due diligence by other methods

New York CPLR §308

Personal service must be made by delivering papers to the person to be served. If not available, leave and mail method applies.

CPLR §2303

Civil: CPLR §2303(a) - served same as summons (CPLR 308 methods); trial subpoena on party CPLR §2303-a to attorney. Criminal subpoenas follow similar rules (CPL 610). NYSenate CPLR 2303

CCA 1807; UCCA 1807

The defendant must appear on the hearing date specified in the notice, typically 15 to 30 days after service. No formal written answer is required — both parties present their cases at the hearing. If the defendant fails to appear, the court may enter a default judgment upon proof of the claim. The judgment is generally not appealable unless based on substantial justice grounds under CCA 1807.

UCCA 1803; CCA 1803; CPLR 308

Small claims in New York are limited to $5,000 ($10,000 in NYC Civil Court and some city courts). Claims are filed in the small claims part of the city court, district court, or justice court. Service is made by certified mail, return receipt requested, sent by the court clerk under UCCA 1803 or CCA 1803. If certified mail is returned unclaimed, the plaintiff must arrange for personal service by any person 18 or older who is not a party.

CPLR §308

Special restrictions in matrimonial actions: CPLR §308(2),(3),(4) not permitted without court order per DRL §232(a); service by court-ordered method. NYCourts How to Serve

§1809

Follows CPLR personal service (UDCA §1809, varying by locality e.g. NYC $10k limit); court often mails notice after plaintiff files claim. No unique departure from CPLR. NYCourts Small Claims

§11

Civil process service prohibited on Sunday (Gen Bus L §11); or Saturday if defendant keeps Saturday as Sabbath. No general time-of-day limits. NYC licensing unique. No special gov't/military rules beyond CPLR

CPLR §308

CPLR §308(2): Deliver to suitable age/discretion person at actual place of business/dwelling/abode + first-class mail to last known residence/business (w/in 20 days); proof filed w/in 20 days, complete 10 days after

VTL 226; VTL 510(4-a)

If a defendant fails to respond to a traffic ticket, the DMV suspends the defendant's driver's license under VTL 226 (for TVB tickets) or VTL 510(4-a) (for court tickets). In NYC TVB cases, a default judgment is entered and a $30 additional fine is imposed. A scofflaw hold prevents vehicle registration renewal. License reinstatement requires payment of all fines plus a $70 suspension termination fee.

VTL 207; CPL 100.10; VTL 225

New York traffic infractions are issued as simplified traffic informations (STIs) by law enforcement officers under VTL 207 and CPL 100.10. In NYC, parking and moving violations are handled by the Traffic Violations Bureau (TVB) under VTL 225. The citation directs the defendant to appear or respond by mail. The defendant signs the ticket acknowledging receipt. No separate process service is required.