Article Guide
The New York Affidavit of Service form is a crucial document in the legal process, serving as proof that legal papers have been properly delivered to a party involved in a court case. This form is essential for ensuring that all parties receive notice of legal actions, thereby upholding the principles of due process. Typically, it includes details such as the date and method of service, the name of the individual served, and the address where the service took place. Additionally, the affidavit must be signed by the server, who attests to the accuracy of the information provided. Understanding the requirements and implications of this form is vital for anyone navigating the New York legal system, as it helps to avoid potential disputes regarding whether proper notification was given. Accurate completion of the Affidavit of Service can significantly impact the outcome of a case, making it imperative for legal professionals and individuals alike to familiarize themselves with its components and significance.
Preview - New York Affidavit of Service Form
New York Affidavit of Service
This document serves as a sworn affidavit of service in accordance with the New York Civil Practice Law and Rules (CPLR). It is a formal declaration by a server, attesting that they have successfully delivered specific documents to a designated party as part of a legal process. The accuracy of this affidavit is paramount, as it can significantly impact the proceedings of a case.
Please fill in the following information to accurately complete the Affidavit of Service:
State of New York
County of _____________________
I, _____________________, being duly sworn, depose and state:
- My name is _______________________________________, and I reside at __________________________________________________________________ (full address, city, state, ZIP Code).
- I am over the age of 18 and not a party to the action.
- On the ____ day of ____________, 20____, at ________________ (time), I served the following document(s): _______________________________ on the individual known as ___________________________________ in the following manner:
- Personal Service: Handing the document directly to the person named.
- Substituted Service: Leaving the document with a person of suitable age and discretion at the residence or place of business of the person named.
- Conspicuous Service: Affixing the document to the door of the residence or business and mailing a copy.
- Mail Service: Sending the document by certified or regular mail.
- The location of service was at __________________________________________________________________ (provide the full address where the service was completed).
- I am familiar with the statutory requirements of process serving in the State of New York.
- Any additional details regarding the service of process: __________________________________________________________________.
- This affidavit is executed to serve as evidence of proper service in accordance with the New York Civil Practice Law and Rules.
Sworn to and subscribed before me this ____ day of ____________, 20____
____________________________________
Signature of Server
____________________________________
Notary Public
My Commission Expires: _______________
PDF Specifications
| Fact Name | Description |
|---|---|
| Purpose | The New York Affidavit of Service form is used to prove that legal documents have been delivered to the intended recipient. |
| Governing Law | This form is governed by the New York Civil Practice Law and Rules (CPLR) § 2103. |
| Who Can Serve | Any person who is at least 18 years old and not a party to the action may serve the documents. |
| Filing Requirement | The completed affidavit must be filed with the court to confirm that service was properly executed. |
| Details Included | The affidavit must include details such as the date, time, and method of service, as well as the recipient's address. |
| Importance | Filing this affidavit is crucial, as it establishes that the recipient was properly notified of the legal action. |
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