Improper Service Of Process
Summary
In New York, service of process must adhere to specific methods such as personal delivery, delivery to a suitable person at the residence or business, or certified mail. Simply throwing papers inside a door is generally not considered valid service. If you believe the service was improper, you can challenge it in court. You may also file a motion to dismiss the case based on improper service. If your case was dismissed without prejudice, you can refile it. Consulting a local attorney for precise legal advice is recommended.Full Conversation
in new york
In New York, acceptable methods of serving someone generally include:
- Personal delivery
- Delivery to a suitable person at the business or residence
- Delivery by certified mail
Merely throwing papers inside the door might not be considered proper service. Can you provide more context to your situation?
riverhead
In New York, service of process may be completed in several ways:
- Personal delivery to the individual directly.
- Leaving the documents with a person of suitable age and discretion at the residence/business.
- Mailing the documents by certified mail.
Merely throwing papers inside a door may not be considered legally sufficient.
no it was not handed to me or anyone else it was thrown threw my door is that legal?
In New York, merely throwing papers inside your door generally isn't considered legal service of process. Service is usually done by:
- Personal delivery
- Delivery to a person of appropriate age and discretion at the location
- Certified mail
Consider consulting a local attorney for advice.
so that was not a proper serving? Could i open a court case?
Based on the information provided, it seems the service may not have been valid under New York law. You may challenge the service in court. Legal advice from a local attorney would be beneficial.
i have had a case before it was closed but can I reissued another one? Since it was not a proper serving
In New York, if you believe the service was improper, you can typically file a motion to dismiss the case based on improper service. You may refile your case if it was dismissed without prejudice. Consult a local attorney for precise advice.