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Service of Process in Kings County: Doing It So It Holds Up

Service is not a formality. It is the act that gives the court power over the defendant, and New York's rules about how it must be done are detailed and strictly enforced. Plaintiffs who cut corners here often discover the problem years later, when a defendant moves to vacate a judgment. Defendants who were never properly served frequently have a real path back into a case they thought was lost.

The methods, ranked by durability

Handing the papers to the defendant personally is the most defensible method. Substituted service — delivery to a person of suitable age and discretion at the defendant's home or workplace, followed by a mailing — works but requires the follow-up mailing to be done correctly and on time. Affix-and-mail is a last resort with its own due-diligence requirement. Service by publication requires court permission and is rarely granted casually.

Serving companies

Corporations, LLCs and partnerships are served through channels defined by statute, which may include an officer or managing agent, or the Secretary of State. Serving a receptionist who is not an authorized agent is a common and fatal error. Confirm the entity's exact legal name and registered address before sending a process server; suing a trade name that does not legally exist creates its own problem.

Deadlines after filing

Service must be completed within the statutory period after commencement, and proof of service filed with the court. Missing the window can mean dismissal, and if the limitations period has expired in the meantime, the claim may be gone. If service is proving difficult, ask the court for an extension before the deadline rather than after.

Attacking service as a defendant

If you were never served, or were served in a way the statute does not allow, raise it immediately — in the answer or by a timely motion. Personal-jurisdiction objections are easily waived by delay or by litigating the merits first. Where a default judgment has already been entered on bad service, a motion to vacate is the usual route, and courts take genuine service defects seriously.

Common questions

Can papers be left with my doorman?
In some circumstances a doorman can qualify for substituted service, but the follow-up mailing and other requirements still have to be satisfied.
I moved. Was service at my old address valid?
It depends on what the plaintiff knew and what diligence was done. Service at an address that is no longer your dwelling or usual place of abode is frequently challengeable.
Does an email or text count as service?
Not without a court order permitting it. Alternative service methods require judicial approval.

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Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.