Starting a case · For the both
A court can't act against a defendant who wasn't properly served. New York's CPLR lists specific methods for serving individuals, corporations and LLCs.
Hand delivery is best. Substituted service on a person of suitable age at home or work, followed by mailing, is allowed. Affix-and-mail is permitted only after diligent attempts.
Serve an officer or authorized agent, or the New York Department of State for domestic and authorized foreign entities.
Defendants who were not properly served can move to dismiss or vacate, often with a hearing on whether service occurred.
Tell us what happened and we will tell you where it belongs, what the deadline is, and what it will cost. We respond within the hour during business hours.
This guide is general information about court procedure in Albany 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.