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?


Asked on 6/11/08, 4:52 pm

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

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.

Read more
Answered on 6/11/08, 10:21 pm
Nancy Delain Delain Law Office, PLLC

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.

Read more
Answered on 6/14/08, 9:02 pm


Related Questions & Answers

More Business Law questions and answers in New York