Process Serving in New York

New York civil cases are heard in trial courts including Supreme Court, County Court and New York City Civil Court, depending on the court’s jurisdiction. The state’s Civil Practice Law and Rules (CPLR) set general procedures for service; additional requirements can apply to particular courts and case types. A person serving process generally must be at least 18 and not a party. New York City separately requires a license for individuals who serve five or more legal papers in a year.

Court Runner USA connects you with process servers who serve papers across New York.

General information, not legal advice. Last checked October 2026.

Sources:

• New York Courts: structure of the courts
• New York Courts: how to serve papers when commencing an action
• NYC DCWP: process server individual license

A person serving a New York summons must be at least 18 years old and cannot be a party to the case. Service may be performed by a process server, sheriff, or a nonparty friend or relative. The particular case and court rules may require a specific method or officer.

In New York City, an individual process-server license is required if a person serves five or more legal papers in a calendar year. NYC also requires a separate agency license for a business that assigns or distributes process to individuals for service in the city. NYC-licensed servers have additional recordkeeping and reporting requirements. The licensing rule applies to service within New York City; local requirements elsewhere should be checked separately.

Sources:

• CPLR 2103 and service guidance, New York Courts
• NYC DCWP: process server individual license
• NYC DCWP: process-serving industry information
• General Business Law § 89-bb

For an individual, CPLR 308 permits personal delivery; delivery to a person of suitable age and discretion at the person’s dwelling, usual abode or actual place of business followed by mailing; delivery to a properly designated agent; or, after due diligence where required, affixing the summons at an appropriate door and mailing it (often called nail-and-mail). The delivery and mailing steps for the latter methods must occur within 20 days of each other. If the statutory methods are impracticable, a court may direct another method.

CPLR 312-a allows service by first-class mail with a prescribed acknowledgment form, but service is completed only when the signed acknowledgment is returned. A subpoena is generally served in the same manner as a summons. Corporations and LLCs have entity-specific rules for delivery to officers, agents, members or managers; an agent must be authorized under the applicable statute or designation. Publication is available only when authorized by law or court order. Do not assume ordinary mail, posting alone, or electronic service is valid initial service.

Sources:

• CPLR 308: service on a natural person
• CPLR 312-a: service by mail
• CPLR 311-a: service on LLCs
• CPLR 318: designation of an agent
• CPLR 2303: service of subpoena
• CPLR 315: publication authorized

A summons and complaint, summons with notice, or petition with notice of petition generally must be served within 120 days after the action or proceeding begins. For a matter with a limitations period of four months or less, service is due no later than 15 days after that limitations period expires. A court may extend the time for good cause or in the interest of justice.

A defendant generally must appear within 20 days after service of the summons. The appearance period is 30 days after service is complete for specified methods, including CPLR 308(2) and (4), and certain service through state officials. Under CPLR 308(2) and (4), proof must be filed within 20 days of the later delivery/mailing or affixing/mailing; service is complete 10 days after filing. These deadlines differ by method and case type.

Sources:

• CPLR 306-b: time to serve
• CPLR 320: defendant’s appearance
• CPLR 308: service and filing requirements

The server must be an adult who is not a party to the action. New York’s general service rules vary by recipient and method, and the special requirements for individuals, entities and particular proceedings matter. For example, CPLR 308 requires due diligence before nail-and-mail, and matrimonial actions have additional limitations on certain methods.

New York City process servers who fall within the city’s licensing threshold must comply with DCWP licensing, recordkeeping and related rules. Counties and cities outside New York City may have their own requirements; check locally. Check the applicable court rules and any orders in the case before attempting service.

Sources:

• CPLR 308
• New York Courts: service guidance
• NYC DCWP: process server industry information

Proof of service must identify the papers served, the person served, the date, time, address or place, and manner of service, and facts showing that the server was authorized and used an authorized method. For personal delivery to an individual, it must also describe the recipient, including identifying features such as approximate age, height and weight. For nail-and-mail, the proof must state the dates, addresses and times of the required earlier attempts.

A sheriff or other authorized public officer uses a certificate; another server uses an affidavit. The New York Courts’ service guide says an affidavit is sworn and signed before a notary, and recommends filing proof even where filing is not generally required. CPLR 308(2) and (4) specifically require filing within 20 days of the later service step.

Sources:

• CPLR 306: proof of service
• CPLR 308: personal service
• New York Courts: service guidance and affidavit
• General Business Law § 89-cc: process-server records