Legal Question in Family Law in New York
Serving Papers
I have to serve my ex-husband papers in response to an Order To Show Cause. Do I have to use an official process server or can I just have a friend or family member serve him with them?
3 Answers from Attorneys
Re: Serving Papers
Anyone can serve him, except for you. Feel free to call me at 212-367-9167 if you want to discuss the motion or your opposition papers.
How to Serve Response Papers
Generally: If you are serving opposition papers and/or a cross motion, they can be served by mail by anyone except you. An affidavit of mailing, to what address and what the papers are, must be signed by the person serving.
(You do need certain number of days in advance on a cross motion.)
If the Order to Show Cause requires answering papers to be served in a particular way or by a certain date be sure to comply with those conditions.
Re: Serving Papers
Any adult (18 years old) person may serve such, except you. It is best to avoid using a close relative or a person in your employ. The person who served the documents must fill out a statement that he has served them, include the time and place, and sign and date the statement. (affidavit of service) Good luck. You are welcome to a consultation at my offices for no chrge at 42 wEST 44TH sT, ny,ny. Please call for an appointment first (646) 591-5786.