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Service of process

Why you need a
process server.
No service, no case.

A lawsuit can't move forward until the other side has been properly served. Here's why service of process matters, and why getting it right the first time protects your case.

Get service How service works

The short answer

Serve the defendant to get your case in court.
Everything else waits until they're served.

Every person or business being sued has a right to formal notice of the case against them. That notice is called service of process: delivering the summons, complaint, or other legal papers in the way the court rules require.

Until service is completed and proven, the case generally can't move forward against that defendant. Their deadline to respond doesn't start, and you can't ask the court for a default judgment.

What's at stake

Getting service right
protects your case.

Strict deadlines

In New York, the summons and complaint generally must be served within 120 days after the case is started. Miss it, and the court can dismiss the case against that defendant unless it grants an extension.

Mistakes can undo a win

If service is challenged and found improper, the court may never have had power over the defendant. That can mean motions, delays, and even a judgment, including a default judgment, being thrown out.

Proof the court accepts

An affidavit of service records who was served, when, where, and how. It is filed with the court and becomes the record that service happened.

Rules change by location

How papers can be served, and by whom, depends on the state and the court. In Manhattan, service follows New York's Civil Practice Law and Rules (CPLR).

How service works in New York

Three common ways
to serve an individual.

New York's main rule for serving a person (CPLR 308) allows several methods. A process server chooses the right one and documents every attempt.

Personal delivery

Handing the papers directly to the person being served.

Suitable age and discretion

Leaving the papers with a responsible adult at the person's home or business, then mailing a copy.

Affix and mail

If the first two can't be done with due diligence, attaching the papers to the door of the home or business, then mailing a copy.

For the second and third methods, proof of service must be filed with the court, and service isn't complete until 10 days after that filing. Corporations, LLCs, and government agencies have their own rules, and many can be served through a registered agent.

Why use a professional

Licensed, documented,
and done right.

Licensing is required in NYC

Anyone who serves five or more processes a year in New York City needs a process server license from the Department of Consumer and Worker Protection. Sapphire Legal LLC holds Agency License #2138214-DCWP.

Local knowledge

Doorman buildings, co-ops, and busy commercial addresses take experience. Our servers know Manhattan block by block, from Battery Park to Inwood.

Every attempt documented

Attempts are logged on our secure platform with GPS and time stamps, so you can see exactly what happened and when.

An affidavit you can file

When service is complete you receive an affidavit of service. We can prepare it, or our server can sign yours.

Law firm outside New York? See how we serve for out-of-state firms →

This page is general information, not legal advice. Service rules depend on the court, the case, and the person or business being served. Talk to an attorney about the requirements for your matter.

Need papers served in Manhattan?

One agency. A vetted local server network. GPS-documented attempts. Digital affidavits. Direct accountability. Clear payment terms: upfront to start, then Net 15 for repeat law firms, or a monthly subscription for recurring work at 20% off.

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