Legal Question in Civil Litigation in New York

This is for a civil suit that will be filed in the Federal District Court for the Southern District of New York:

"If a person in prison files a civil suit, and he is NOT indigent, after he pays the filing fee can he serve the complaint on the defendants by certified mail; or does it have to be served in person?"

"If it has to be served in person, how does the person in prison make that happen? He is not indigent, and the US Marshalls Office has refused to serve the complaint on the defendants since it wasnt filed 'in forma pauperis"

Thanks,

D. Holliman


Asked on 8/11/10, 12:05 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Have someone -anyone- over the age of 18 serve the summons and complaint and then file the return of service with the court. In the alternative, you can request a waiver of summons -- see the Court's website for the form.

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Answered on 8/16/10, 12:15 pm
Michael Markowitz Michael A. Markowitz, PC

The easiest way is to retain a process server.

Mike.

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Answered on 8/16/10, 1:14 pm


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