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Can I serve process by certified mail in New York under SCPA 307 (2)?

Can I serve process by certified mail in New York under SCPA 307 (2)?

Full question:

I am domiciled in NJ, and the person on whom I need to serve Process is domiciled in NY, Ulster County. May I use certified mail, return receipt requested to serve process under SCPA 307 (2)? Or must I arrange for personal service? The process is Surrogate's summons to an executor for a July hearing according to the Petition for Compulsory Accounting that I filed in Ulster Co., NYS.

Category: Civil Actions
Subcategory: Summons
Date: 04/07/2025
State: New Jersey

Answer:

Under New York's SCPA 307, service by mail is permitted only for non-domiciliaries. Since the person you need to serve resides in New York, you must arrange for personal service. According to SCPA 307, service can be made by personal delivery, and mail service is limited to non-domiciliaries. If personal service is impractical, you may need to seek a court order for alternative service methods (SCPA § 307). Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you can't serve someone court papers in NJ?

If you cannot serve someone court papers in New Jersey, you may need to request alternative methods of service from the court. This could include service by publication or using a designated agent. It's important to document your attempts at service, as the court will require proof of your efforts. If all else fails, you can file a motion for alternative service under New Jersey Court Rules (R. 4:4-4). Always consult with a legal professional for guidance specific to your situation.

How to serve process in New Jersey?

To serve process in New Jersey, you can use a process server, a sheriff, or a suitable adult who is not involved in the case. The papers must be delivered personally to the defendant. If personal service is not possible, you may seek permission from the court for alternative methods, such as service by mail or publication. Ensure you follow New Jersey Court Rules (R. 4:4) for proper procedures.

How do I start a process serving?

To start process serving, first prepare the necessary legal documents, such as a summons and complaint. Next, hire a licensed process server or use a sheriff's office to serve the papers. Provide them with the documents and details about the person to be served. Ensure that the service is completed according to state rules, including any required documentation of service.

What are the rules for serving court papers in NY?

In New York, court papers must be served personally to the defendant, typically by a process server or sheriff. If the defendant is not available, you may serve someone of suitable age and discretion at their residence or place of business. For certain cases, you can also request alternative service methods from the court. Ensure compliance with the New York Civil Practice Law and Rules (CPLR) § 308 for proper procedures.

Does certified mail count as being served in NJ?

In New Jersey, certified mail can be used for service, but it typically requires the recipient to sign for the documents. However, it is not considered a substitute for personal service unless the court allows it. If you cannot serve someone personally, you may need to seek alternative service methods through the court. Always verify the specific rules applicable to your case.

How do I serve a process in New Jersey?

To serve a process in New Jersey, you can either hire a process server or use the sheriff's office. The documents must be served personally to the defendant. If personal service fails, you may request the court's permission for alternative service methods, such as by mail or publication. Follow New Jersey Court Rules (R. 4:4) to ensure compliance with the law.