QUESTION

Are you considered served if you find the summons on your door when you come home from vacation?

Asked on Sep 26th, 2019 on Civil Litigation - New York
More details to this question:
Arrived home from vacation. Found summons taped to storm door, and found identical summons in the mail that day. How do you know when the clock started?
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
Yes.  This is called nail and mail service.  Your time runs from when the affidavit is filed with the court.  But, you can call the lawyer to get an extension to answer.
Answered on Sep 29th, 2019 at 6:38 AM

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Appellate Practice Attorney serving New York, NY
Simply affixing the summons and complaint to your door would not be proper service under NY state law, but it can be part of valid service if the server made several prior unsuccessful attempts to find you, and, after affixing the  papers to your door, mailed you a copy as well.   You should not take a chance on service not having been made, but should defend the suit.  You can find out when service is claimed to have been made by checking the court's docket (look for a document called "affidavit of service") or by calling the plaintiff's attorney.
Answered on Sep 27th, 2019 at 12:24 PM

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