Frequently Asked Questions
The following is a list of frequently asked questions.
Questions About Process Serving
01Do process servers need to be licensed in New York City?
02What is process serving?
03What is the most common type of process served?
04What exactly is a “summons and complaint”?
05What does “all parties need to be served” mean?
06Two adults and three children are living in an apartment. The landlord wants to sue them for rent owed. The remedy the landlord seeks is to either get the back rent owed or to evict the tenants. How many people need to be served?
07A landlord suspects that although there are two adults on the lease there may be other living in the apartment “unofficially”. Alternatively, the two adults have a child living with them who may now be over the age of eighteen and considered an adult. Now the landlord wants to sue for back rent and is threatening eviction. Who needs to be served?
08A husband and wife living in an apartment are being sued by their landlord. The process server knocks on the door and the wife is home. Do both the husband and wife need to be served separately or are they considered a single entity?
09What are the different methods for service of process?
10What exactly is “nail and mail” service?
11How long does it take to serve an individual?
Questions About First Class Process Service
12What does First Class Process Service do?
13Which areas are served by First Class Process Service?
14How much does it cost to have papers served in the New York metro area?
15I need to serve a lot of legal papers. Do you offer special rates for high volume clients?
16How can my firm be certain that First Class Process Service can handle our needs since we do so much volume?
17Are there any employment opportunities with First Class Process Service at this time?
Technical Support Questions
18How do I sign up for an account?
19How can I get documents to you if I need originals served or if I do not have an account?
01Yes, process servers must be licensed by the New York City Department of Consumer Affairs.
02Process serving is the delivery of legal papers to the person required to respond to them.
03The most common legal papers served are a summons and complaint.
04A summons tells the person being served (the defendant) in which court they are being sued in, that the plaintiff believes has jurisdiction. The complaint specifies the alleged wrongdoing (such as not paying rent) and the legal remedy being sought (such as paying all the back rent owed) by the plaintiff.
05Everyone who will be bound by the decision reached by the court needs to be served or the decision is not binding on them.
06Both adults need to be served. Children under the age of eighteen do not need to be served.
07Both known adults need to be served. A third party, “John or Jane Doe” needs to be served as well to address the other unknown occupants. This also applies to a scenario where a couple may have an adult child living on the premises.
08Both parties need to be served, so a copy of the summons and complaint must be separately addressed to both the husband and the wife. Both copies may be handed over to the wife (the party at home at the time of service). The copy delivered to the wife, for the wife, would be considered “personal service” and the copy given to the wife for the husband would be considered “substituted service”.
09There are three different legal methods: (1) Personal, or actual service, (2) substituted service, and (3) service by publication. Personal service means hand delivery of the papers to the right person. It is the best method and must be tried before any others are attempted. (2) Substituted service can refer to any method other than personal service where there is a good chance the defendant will actually get the legal papers. Some examples include leaving the papers with someone else at the defendant’s residence that is able to understand the responsibility of accepting service, or “nail and mail”. Service by publication (such as a notice in a newspaper) requires court permission and is only used in cases where there is no other way to reach the defendant. It is rarely used.
10“Nail and mail” is a form of substituted service used after several attempts have been made to personally serve a defendant that is unavailable. “Nail” refers to affixing the summons and complaint to the entrance of the defendant’s home or business and “mail” refers to sending a copy via registered mail.
11It depends. At least three attempts must be made to serve in person, after which “nail and mail” can be effected if the defendant is not available. In a majority of cases it takes one week or less. The papers go out to be served within 72 hours. If you have a very time sensitive matter that needs to be handled immediately just let us know and we can accommodate.
12We are a licensed process serving agency in New York City and service of process is our primary business. Currently, we also offer notary services.
13We serve all of the New York City metro area. If service is necessary outside that area we can still get it done – just ask!
14Take a look at the pricing page for current rates.
15Yes, we have preferential rates for clients with high volume needs. Please contact us directly to discuss the details and to apply for a preferential rate.
16First Class Process Service can handle your firm’s volume – no matter how large. Our infrastructure is built for easy scalability so we do not sweat whether you need 500 or 5,000 legal documents served at once. We can accept all your documents electronically and return proof of service electronically in whatever format your heart (or IT person) desires. Your account is available online, 24/7, and allows for review of past orders and real-time updates on the progress of pending services. We are fully DCA compliant so there will never be a successful challenge to service of process by First Class.
17Please take a look at the Employment Opportunities page for current openings and to submit an application.
18Go to the signup page, fill out the form, and you will be up and running in no time at all.
19Documents can be faxed to us, e-mailed to us, or mailed/messengered to us. Please contact us for further guidance at 718-993-2280.