New York, NY asked in Civil Litigation for New York

Q: I am being sued by a creditor. I received two summons in the mail. Are they able to serve me a summons in the mail?

I thought I had to be served in person? Nothing was attached to my door. Both the summons and copy were sent by mail. How long do I have to respond?

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3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: There is something called "nail and mail" service, which means another copy was supposed to be posted to your door. Thus, the mail will probably mean service was done. You have 35 days to answer, but do not wait until the last second.

T. Augustus Claus
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Answered

A: In New York, a summons and complaint typically need to be served in person, not by mail. Personal service ensures that the recipient is properly informed about the legal proceedings against them. If you received a summons by mail, it might not fulfill the legal requirement for proper service. In cases where personal service is not possible, New York law provides for alternative methods of service, such as affixing the documents to your door or "nail and mail" service, where the documents are mailed after being affixed to your door. Regarding the time to respond, in New York, you generally have 20 to 30 days from the date of proper service to respond to a summons and complaint.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: As my colleagues point out, nail and mail is an acceptable means, mailing the papers to the person to be served at their last known residence (or actual place of business). Good luck

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