Legal Question in Civil Litigation in New York
affidavit of service
I filed a lawsuit in civil court in b'klyn, NY and the summons was served by a process server two weeks ago, I was unable to go down to the court to turn in the affidavit of service before, how time do I have left to turn it in
4 Answers from Attorneys
Re: affidavit of service
Unfortunately, Mr. Browde is very wrong. Filing the affidavit of service depends on how service was made.
Under CPLR 308(2), if service was made by delivery to a person of suitable age and discretion, "proof of such service [affidavit] shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later...."
Under CPLR 302(4) where service is "nail and mail", "proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later...."
Mike.
Re: affidavit of service
Is this a L and T case, general civil litigation, what kind of case is this? Negligence?
Please respond
Jason Kessler
Re: affidavit of service
30 days from date of service.
Re: affidavit of service
30 days from date of service.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
