Legal Question in Credit and Debt Law in Vermont

Process serving

I initiated a small claims case in VT against a person who works at a small store in NYC. The NYC process server reports that the man runs to the back of his store whenever he enters the premises. Can the process server officially serve him by leaving the papers on the counter or handing them to another store employee?

Thanks!


Asked on 4/17/07, 10:19 am

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Process serving

First of all, most state's small claims courts do NOT allow for Long Arm jurisdiction. You may do better to have an atty send Demand Letter Certified Mail & Fed X. Then proceed in NYC court via domestic judgment.

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Answered on 4/17/07, 10:22 am
David Anderson Anderson Business Law LLC

Re: Process serving

Summons: Personal Service Within the State.

The summons and complaint shall be served together. Personal service within the state shall be made as follows:

Upon an individual by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given. The court, on motion, upon a showing that service as prescribed above cannot be made with due diligence, may order service to be made by leaving a copy of the summons and of the complaint at the defendant's dwelling house or usual place of abode, or to be made by publication pursuant to subdivision (g) of this rule, if the court deems publication to be more effective. If the individual is an infant or incompetent person, process may be served upon the individual by one of the foregoing methods, or as follows:

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Answered on 4/17/07, 10:30 am


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