Legal Question in Business Law in New York
Being Served
My boss is away on vacation. A man
from the building department came
today and tried to serve me with
papers for my boss. I didnt accept
them because I have been given no
authority to receive anything on his
behalf. The man insisted that I had
to take them. I did accept them and
eventually he left.
What does the law say in a situation
like this? Do I have to accept these
papers just because I work for him?
2 Answers from Attorneys
Re: Being Served
NO you do not have to accept them. In fact by tellinig the guy you are not authorized to accept service it should have been enough right there. He has other ways to serve. If in fact he had left them with you however he would have had service by substitution. He would have served by leaving the docs with a person of suitable age and discretion.
On the other hand, service should have been made through the NY Secretary of State or anyone designated by the corporation to accept service. Do your boss a favor and get him the papers or get them to the legal counsel for the company right away.
Good luck.
Re: Being Served
Mr. Colleluori is quite correct: no one not authorized to accept service on behalf of a person or a company has to go ahead and accept service. The process server got a wee bit pushy if he insisted on leaving the papers with you (sometimes they do).
Mr. Colleluori is also correct in telling you to get the papers to your boss IMMEDIATELY. The service of these papers starts a clock running, and that clock will wind down quickly to a meltdown if the papers are not with the lawyer for the company or for your boss very soon.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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