WESTCHESTER COUNTY CLERK TELEPHONE NUMBERS AND LOCAL WESTCHESTER MAILING ZIP CODES
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"EQUAL JUSTICE UNDER LAW"
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ALL CITY, TOWN AND VILLAGE CLERKS TELEPHONE NUMBERS IN WESTCHESTER COUNTY, NY
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City of Mt. Vernon, Westchester, NY |
914-665-2348 |
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City of New Rochelle, Westchester, NY |
914-654-2000 |
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City of Peekskill, Westchester, NY |
914-737-3400 |
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City of Rye, Westchester, NY |
914-939-3574 |
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City of White Plains, Westchester, NY |
914-422-1227 |
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City of Yonkers, Westchester, NY |
914-377-6020 |
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Town of Bedford, Westchester, NY |
914-666-4534 |
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Town of Cortlandt, Westchster, NY |
914-734-1020 |
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Town of Eastchester, Westchester, NY |
914-771-3300 |
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Town of Greenburgh, Westchester, NY |
914-993-1500 |
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Town of Harrison, Westchester, NY |
914-835-2000 |
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Town of Lewisboro, Westchester, NY |
914-763-3511 |
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Town of Mamaroneck, Westchester, NY |
914-382-7870 |
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Town of New Castle, Westchester, NY
(Includes Chappaqua, Mt. Pleasant, and Millwood)
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914-238-4771 |
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Town of North Castle, Westchester, NY
(Includes Armonk, North White Plains and Banksville) |
914-273-3321 |
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Town of North Salem, Westchester, NY |
914-669-5577 |
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Village of Elmsford, Westchester, NY |
914-592-6555 |
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Village of Hastings on Hudson, Westchester,NY |
914-478-3400 |
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Village of Irvington, Westchester, NY |
914-591-7070 |
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Village of Larchmont, Weschester, NY |
914-834-6230 |
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Village of Mamaroneck, Westchester, NY. |
914-777-7722 |
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Village of Mt. Kisco, Westchester, NY |
914-241-0500 |
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Village of Pelham Manor, Westchester, NY |
914-738-0777 |
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Village of Port Chester, Westchester, NY |
914-939-5202 |
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Village/Town of of Scarsdale, Westchester, NY |
914-722-1100 |
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Village of Tuckahoe, Westchster, NY |
914-961-3100 |
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Village of Tarrytown, Westchester, NY |
914-631-1652 |
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Village of Sleepy Hollow, Westchester, NY |
914-631-0533 |
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Village of Rye Brook, Westchester, NY |
914-939-1121 |
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| The above comprises a complete list of the County Clerk Offices and direct reach numbers in Westchester County, NY. Below you will find a detailed map of Westchester County. We provide Service of Process and all related Constable Court Services to each and every Town, City and Village listed here in Westchester County, NY. Further below you will find a complete list of each and every town and city within Westchester County and their respective zipcodes for mailing. This list was accurate at time of printing. |
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| WE SERVICE ALL TOWNS, CITIES AND VILLAGE ZIP CODES LISTED HERE IN WESTCHESTER COUNTY |
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SUPREME COURT STATE OF NEW YORK RULES
TIMING
One Hundred Twenty (120) Days From Filing
Service of a summons and complaint, summons and notice, or petition originating an action must be made within more...
Where Statute of Limitations is Four Months or Less
In all actions except for proceedings under the Election Law, service of process must be made within fifteen more...
Service by Delivery to or Posting at Address
Where service is effected by delivery or posting of the documents to be served at the address of more...
Attachment Actions
If an order of attachment is granted before the defendant in the action has been served with a more...
Notice of Pendency in Real Property Actions
A summons must be served within thirty (30) days of the issuance of a notice of pendency in more...
Summons Served Without Complaint
When the summons is served without a complaint, the defendant may make a written demand for the complaint more...
Subsequent Complaint Asserting New or Additional Claims
Any amended complaint, cross complaint, counterclaim or other pleading asserting new and additional claims shall be served on more...
Consequences of Failure to Timely Serve
In the event that service of process is not made the court may, upon motion, either dismiss the more...
Time for Filing Proof of Service
Service by Mail
When service is made by mail pursuant to the requirements of CPLR 312-a, the person served has thirty more...
Service by Delivery to or Posting at an Address
When service is made by delivery of the documents to or posting at the recipient's address, proof of more...
Service on a Partnership
Where a partnership is served by delivery and mail under CPLR 310(b) or posting and mail under CPLR more...
Service on an Unauthorized Foreign Corporation
If the documents are served personally, proof of service should be filed within thirty (30) days and the more...
Extension of Time to Defend the Action Where Service Not Received
A person subjected to default judgment for failure to appear may be able to appear and defend the more...Service on Natural Persons
Personal Service On a Natural Person
Delivery to Person to be Served
Personal service on a natural person can be effected by delivering the documents into the hands of that more...
Delivery to Person at Service Address
The documents to be served can be left with any person of suitable age and discretion at the more...
Delivery to Agent for Service
Where the person to be served has a registered agent for service, personal service may be made within more...
Affixing Service to Door
Where service by delivery into the hands of the person to be served, or to an individual at more...
As Directed by Court
Where service by the authorized methods is impracticable, the court may, upon motion without notice, direct a manner more...
Service by Mail
As an alternative to personal service, a summons and complaint, summons and notice, or notice of petition and more...
Service by Publication
Service by publication is permitted in certain matrimonial, foreclosure and levy actions where service by another authorized means cannot more...
Service Outside the State of New York
A person who is domiciled in New York or subject to jurisdiction in New York under CPLR 302 more...
Service On an Infant, Incompetent or Conservatee
On an Infant
An infant is defined as any person who has not yet reached the age of 18. . more...
On a Person Judicially Declared Incompetent
If a person has been judicially declared incompetent and a committee has been appointed to manage the person's more...
On a Conservatee
If a conservator has been appointed for a person, service on that person should be made to the more...
Service on Government Entities, Agencies, or Courts
back to top ^Service on the State of New York
Service on the state is made to the attorney general or any assistant attorney general at the attorney more...
State Officers and Agencies
Where a state officer or agency is being sued solely in an official capacity, service shall be made more...
Service on a Court, Board or Commission
Service on a court with three or more judges can be made to any one judge. Personal service on a board or commission having a presiding officer or Clerk, whether known by this or more...
Service on Corporations, Partnerships, or Associations
back to top ^Service On a Corporation or Governmental Subdivision
Corporations Generally
Corporations can be personally served by delivering the documents to be served to an officer, director, managing or more...
Domestic Business Corporations and Authorized Foreign Business Corporations
Every domestic or authorized foreign business corporation doing business in New York designates the secretary of state of more...
Unauthorized Foreign Business Corporations
In any case in which a non-domiciliary would be subject to jurisdiction in New York, a foreign corporation more...
Not for Profit Corporations
Every not for profit corporation doing business in New York designates the Secretary of State of New York more...
Service On a Partnership
Under New York law, jurisdiction over a partnership can be obtained through service of process on any one more...
To a Partner or Registered Agent
A partnership may be served by personally serving any partner. . A partnership may also be served by delivery of the documents to any registered agent for service or more...
At Place of Business
Partnerships may be served by delivering the summons to the managing or general agent or person in charge more...
By Posting and Mail
Where service to a partner or registered agent, or a person at the place of business is not more...
As Directed by Court
Where service by the specified methods is impracticable, the court may, upon motion without notice, direct a manner more...
Service on a Limited Partnership
Limited partnerships may be personally served by delivering a copy of the documents to be served to any more...
As Directed by Court
Where service by the specified methods is impracticable, the court may, upon motion without notice, direct a manner more...
Service On a Limited Liability Company
Limited liability companies may be personally served by delivery of the documents to be served to a member more...
Serving the LLC through the Secretary of State
All New York LLCs and authorized foreign LLC's doing business in New York designate the secretary of state more...
Service On a Business Association
Business associations authorized and doing business in New York must designate the secretary of state as their agent more...
A frequently asked questions document discussing the procedure for serving process on a corporation via the secretary of more...
If the cost of transmitting the documents to be served shall exceed two dollars a fee equal to more...
Service of Answers, Responses, and Counterclaims
back to top ^Other Pleadings Served According to General Rules for Service of Papers
All pleadings other than the summons and complaint shall be served in the time and manner provided for more...
Plaintiff Subject to Personal Jurisdiction in New York
Commencement of an action in New York by any party not subject to personal jurisdiction in New York more...
Service on Multiple Defendants
back to top ^Service in Actions Against Persons Jointly Liable
Where less than all of the named defendants in an action based on a joint obligation, contract or more...
Requirements for Proof of Service
All proof of service documents must specify the papers served, the person who was served, and the date, more...
Personal Service
When service is made on an individual the proof of service papers must include a description of the more...
Service at Last Known Address
When non-personal service is made at the last known personal or business address under CPLR 308-4, the proof more...
Service of Unauthorized Corporation by Secretary of State and Mail
When an unauthorized foreign corporation is served via the secretary of state and mail to the corporation's address, more...
Service of Limited Liability Company by Secretary of State and Mail
When a limited liability company is served via the secretary of state and mail to the company's address, more...
New York Rules
Rule 305. Summons; supplemental summons, amendment.
Summons; supplemental summons. A summons shall specify the basis of the venue designated and if based upon the residence of the plaintiff it shall specify the plaintiff`s address, and also shall bear the index number assigned and the date of filing with the clerk of the court. A third-party summons shall also specify the date of filing of the third-party summons with the clerk of the court. The summons in an action arising out of a consumer credit transaction shall prominently display at the top of the summons the words “consumer credit transaction” and, where a purchaser, borrower or debtor is a defendant, shall specify the county of residence of a defendant, if one resides within the state, and the county where the consumer credit transaction took place, if it is within the state. Where, upon order of the court or by stipulation of all parties or as of right pursuant to section 1003, a new party is joined in the action and the joinder is not made upon the new party’s motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court and served upon such party.
Summons and notice. If the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default.
Amendment. At any time, in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service of a summons to be amended, if a substantial right of a party against whom the summons issued is not prejudiced.
Rule 306. Proof of service.
Generally. Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
Personal service. Whenever service is made pursuant to this article by delivery of the summons to an individual, proof of service shall also include, in addition to any other requirement, a description of the person to whom it was so delivered, including, but not limited to, sex, color of skin, hair color, approximate age, approximate weight and height, and other identifying features.
Other service. Where service is made pursuant to subdivision four of section three hundred eight of this chapter, proof of service shall also specify the dates, addresses and the times of attempted service pursuant to subdivisions one, two or three of such section.
Form. Proof of service shall be in the form of a certificate if the service is made by a sheriff or other authorized public officer, in the form of an affidavit if made by any other person, or in the form of a signed acknowledgement of receipt of a summons and complaint, or summons and notice or notice of petition as provided for in section 312-a of this article.
Admission of service. A writing admitting service by the person to be served is adequate proof of service.
Rule 306-a
Index number in an action commenced in supreme or county court.
Upon filing the summons and complaint or summons with notice in an action commenced in supreme or county court, an index number shall be assigned and the fee required by subdivision (a) of section eight thousand eighteen of this chapter shall be paid. Upon the filing of a summons and complaint against a person not already a party, as permitted under section one thousand seven or rule one thousand eleven of this chapter, the fee required by subdivision (a) of section eight thousand eighteen of this chapter shall be paid, but a separate index number shall not be assigned.
If a person other than the plaintiff or third-party plaintiff who served the summons or third-party summons obtains the index number and pays the fee therefor, the clerk shall issue an order directing the plaintiff or the third-party plaintiff to pay such person the amount of the fee paid. If such fee is not paid within thirty days of service of the order with notice of entry, the person who paid the fee, in addition to any other remedies available at law, may apply to the clerk for an order dismissing the action without prejudice.
Rule 306-b
Service of the summons and complaint, summons with notice, or of the third-party summons and complaint.
Service of the summons and complaint, summons with notice, or of the third-party summons and complaint shall be made within one hundred twenty days after their filing, provided that in an action or proceeding where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service.
Rule 307. Personal service upon the state.
Personal service upon the state shall be made by delivering the summons to an assistant attorney-general at an office of the attorney-general or to the attorney-general within the state.
Personal service on a state officer sued solely in an official capacity or state agency, which shall be required to obtain personal jurisdiction over such an officer or agency, shall be made by (1) delivering the summons to such officer or to the chief executive officer of such agency or to a person designated by such chief executive officer to receive service, or (2) by mailing the summons by certified mail, return receipt requested, to such officer or to the chief executive officer of such agency, and by personal service upon the state in the manner provided by subdivision one of this section. Service by certified mail shall not be complete until the summons is received in a principal office of the agency and until personal service upon the state in the manner provided by subdivision one of this section is completed. For purposes of this subdivision, the term “principal office of the agency” shall mean the location at which the office of the chief executive officer of the agency is generally located. Service by certified mail shall not be effective unless the front of the envelope bears the legend “URGENT LEGAL MAIL” in capital letters. The chief executive officer of every such agency shall designate at least one person, in addition to himself or herself, to accept personal service on behalf of the agency. For purposes of this subdivision the term state agency shall be deemed to refer to any agency, board, bureau, commission, division, tribunal or other entity which constitutes the state for purposes of service under subdivision one of this section.
Rule 308. Personal service upon a natural person.
Personal service upon a natural person shall be made by any of the following methods:
by delivering the summons within the state to the person to be served; or
by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or
by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.
Rule 309. Personal service upon an infant, incompetent or conservatee.
Upon an infant. Personal service upon an infant shall be made by personally serving the summons within the state upon a parent or any guardian or any person having legal custody or, if the infant is married, upon an adult spouse with whom the infant resides, or, if none are within the state, upon any other person with whom he resides, or by whom he is employed. If the infant is of the age of fourteen years or over, the summons shall also be personally served upon him within the state.
Upon a person judicially declared to be incompetent. Personal service upon a person judicially declared to be incompetent to manage his affairs and for whom a committee has been appointed shall be made by personally serving the summons within the state upon the committee and upon the incompetent, but the court may dispense with service upon the incompetent.
Upon a conservatee. Personal service on a person for whom a conservator has been appointed shall be made by personally serving the summons within the state upon the conservator and upon the conservatee, but the court may dispense with service upon the conservatee.
Rule 310. Personal service upon a partnership.
Personal service upon persons conducting a business as a partnership may be made by personally serving the summons upon any one of them.
Personal service upon said partnership may also be made within the state by delivering the summons to the managing or general agent of the partnership or the person in charge of the office of the partnership within the state at such office and by either mailing the summons to the partner thereof intended to be served by first class mail to his last known residence or to the place of business of the partnership. Proof of such service shall be filed within twenty days with the clerk of the court designated in the summons; service shall be complete ten days after such filing; proof of service shall identify the person to whom the summons was so delivered and state the date, time of day and place of service.
Where service under subdivisions (a) and (b) of this section cannot be made with due diligence, it may be made by affixing a copy of the summons to the door of the actual place of business of the partnership within the state and by either mailing the summons by first class mail to the partner intended to be so served to such person to his last known residence or to said person at the office of said partnership within the state. Proof of such service shall be filed within twenty days thereafter with the clerk of the court designated in the summons; service shall be complete ten days after filing.
Personal service on such partnership may also be made by delivering the summons to any other agent or employee of the partnership authorized by appointment to receive service; or to any other person designated by the partnership to receive process in writing, filed in the office of the clerk of the county wherein such partnership is located.
If service is impracticable under subdivisions (a), (b) and© of this section, it may be made in such manner as the court, upon motion without notice directs.
Rule 310-a. Personal service upon a limited partnership.
Personal service upon any domestic or foreign limited partnership shall be made by delivering a copy personally to any managing or general agent or general partner of the limited partnership in this state, to any other agent or employee of the limited partnership authorized by appointment to receive service or to any other person designated by the limited partnership to receive process, in the manner provided by law for service of summons, as if such person was the defendant. Personal service upon a limited partnership subject to the provisions of article eight-A of the partnership law may also be made pursuant to section 121-109 of such law.
If service is impracticable under subdivision (a) of this section, it may be made in such manner as the court, upon motion without notice, directs.
A limited liability partnership may also be served pursuant to section 121-1505 of the partnership law.
Rule 311. Personal service upon a corporation or governmental subdivision.
Personal service upon a corporation or governmental subdivision shall be made by delivering the summons as follows:
upon any domestic or foreign corporation, to an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service. A business corporation may also be served pursuant to section three hundred six or three hundred seven of the business corporation law. A not-for-profit corporation may also be served pursuant to section three hundred six or three hundred seven of the not-for-profit corporation law;
upon the city of New York, to the corporation counsel or to any person designated to receive process in a writing filed in the office of the clerk of New York county;
upon any other city, to the mayor, comptroller, treasurer, counsel or clerk; or, if the city lacks such officers, to an officer performing a corresponding function under another name;
upon a county, to the chair or clerk of the board of supervisors, clerk, attorney or treasurer;
upon a town, to the supervisor or the clerk;
upon a village, to the mayor, clerk, or any trustee;
upon a school district, to a school officer, as defined in the education law; and
upon a park, sewage or other district, to the clerk, any trustee or any member of the board.
If service upon a domestic or foreign corporation within the one hundred twenty days allowed by section three hundred six-b of this article is impracticable under paragraph one of subdivision (a) of this section or any other law, service upon the corporation may be made in such manner, and proof of service may take such form, as the court, upon motion without notice, directs.
Rule 311-a. Personal service on limited liability companies.
Service of process on any domestic or foreign limited liability company shall be made by delivering a copy personally to (i) any member of the limited liability company in this state, if the management of the limited liability company is vested in its members, (ii) any manager of the limited liability company in this state, if the management of the limited liability company is vested in one or more managers, (iii) to any other agent authorized by appointment to receive process, or (iv) to any other person designated by the limited liability company to receive process, in the manner provided by law for service of a summons as if such person was a defendant. Service of process upon a limited liability company may also be made pursuant to article three of the limited liability company law.
If service is impracticable under subdivision (a) of this section, it may be made in such manner as the court, upon motion without notice, directs.
Rule 312-a. Personal service by mail.
Service. As an alternative to the methods of personal service authorized by section 307, 308, 310, 311 or 312 of this article, a summons and complaint, or summons and notice, or notice of petition and petition may be served by the plaintiff or any other person by mailing to the person or entity to be served, by first class mail, postage prepaid, a copy of the summons and complaint, or summons and notice or notice of petition and petition, together with two copies of a statement of service by mail and acknowledgement of receipt in the form set forth in subdivision (d) of this section, with a return envelope, postage prepaid, addressed to the sender.
Completion of service and time to answer.
The defendant, an authorized employee of the defendant, defendant’s attorney or an employee of the attorney must complete the acknowledgement of receipt and mail or deliver one copy of it within thirty (30) days from the date of receipt. Service is complete on the date the signed acknowledgement of receipt is mailed or delivered to the sender. The signed acknowledgement of receipt shall constitute proof of service.
Where a complaint or petition is served with the summons or notice of petition, the defendant shall serve an answer within twenty (20) days after the date the signed acknowledgement of receipt is mailed or delivered to the sender.
Affirmation. The acknowledgement of receipt of service shall be subscribed and affirmed as true under penalties of perjury and shall have the same force and effect as an affidavit.
Form. The statement of service by mail and the acknowledgement of receipt of such service shall be in substantially the following form:
Statement of Service by Mail and Acknowledgement of Receipt by Mail of Summons and Complaint or Summons and Notice or Notice of Petition and Petition
STATEMENT OF SERVICE BY MAIL
To: (Insert the name and address of the person or entity to be served.)
The enclosed summons and complaint, or summons and notice, or notice of petition and petition (strike out inapplicable terms) are served pursuant to section 312-a of the Civil Practice Law and Rules.
To avoid being charged with the expense of service upon you, you must sign, date and complete the acknowledgement part of this form and mail or deliver one copy of the completed form to the sender within thirty (30) days from the date you receive it. You should keep a copy for your records or your attorney. If you wish to consult an attorney, you should do so as soon as possible before the thirty (30) days expire.
If you do not complete and return the form to the sender within thirty (30) days, you (or the party on whose behalf you are being served) will be required to pay expenses incurred in serving the summons and complaint, or summons and notice, or notice of petition and petition in any other manner permitted by law, and the cost of such service as permitted by law will be entered as a judgment against you.
If you have received a complaint or petition with this statement, the return of this statement and acknowledgement does not relieve you of the necessity to answer the complaint or petition. The time to answer expires twenty (20) days after the day you mail or deliver this form to the sender. If you wish to consult with an attorney, you should do so as soon as possible before the twenty (20) days expire.
If you are served on behalf of a corporation, unincorporated association, partnership or other entity, you must indicate under your signature your relationship to the entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority.
It is a crime to forge a signature or to make a false entry on this statement or on the acknowledgement.
ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT OR SUMMONS AND NOTICE OR NOTICE OF PETITION AND PETITION
I received a summons and complaint, or summons and notice, or notice of petition and petition (strike out inapplicable terms) in the above- captioned matter at (insert address).
PLEASE CHECK ONE OF THE FOLLOWING; IF 2 IS CHECKED, COMPLETE AS INDICATED:
/ /I am not in military service.
/ / I am in military service, and my rank, serial number and branch of service are as follows:
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WESTCHESTER AND CONNECTICUT JUDICIAL PROCESS SERVER GLOSSARY OF TERMS A-Z
Abscond
Abscond is to leave a jurisdiction and avoid being served with legal papers or getting arrested.
Abuse of Process
Abuse of Process is the misuse of the legal process by illegal or malicious means. Examples include serving a complaint that has not been filed for the purpose of intimidation, or filing a false declaration of service.
Accept
Accept is to receive something with approval and intention to keep it. This use often arises on the question of accepting a payment which is late or not complete or accepting the “service” (delivery) of legal papers.
Acceptance of Service
A defendant or an individual’s attorney can accept a complaint or other petition without having the sheriff or process server show up at the door. Acceptance of Service must be in writing or there is no proof that the service took place. Most jurisdictions require a form entitled Receipt and Acknowledgment of Acceptance of Service.
Actual Eviction
When a tenant is wrongfully removed from their premises, which usually occurs by a landlord and is not written in the terms of the lease, it is a violation and wrongfully deprives a tenant of the possession of premises.
Affidavit of Service
Any written document in which the signer swears under oath before a notary public or someone authorized to take oaths that the statements in the document are true.
Agent for Acceptance of Service
A defendant or their attorney can accept a complaint or other petition without having the sheriff or process server show up at the door. The acceptance of service must be in writing or there is no proof that it happened. Most jurisdictions require a “Receipt and Acknowledgment of Acceptance of Service”.
Asset Searches
An asset is an item or property with monetary value, including things with sentimental value. Assets are shown in balance sheets, inventories, and probate estates and in divorces. There are several types of assets including accounts receivable, fixed assets, basic equipment, structures and intangibles.
B
Background Investigation
Conducting a background investigation and background check is critical to a successful investigation. A thorough background investigation can make or break a case. Background Checks are done to find out something about an individual, a business, or the history of something, or someone.
Bench Warrant
An order issued by a judge for the arrest of a person.
C
Civil Process Server
A Civil Process Server is used to file a Civil Lawsuit, or Divorce in a court of law on behalf of a law firm, attorney, and corporation, business or individual. A Civil Process Server Serves the other side notification that a case has been filed against them. This Notification will provide instructions on how to proceed. Civil Process Servers also serve Subpoenas, Summons, Complaints and much more.
Complaint
The first document filed with the County Clerk by a person or entity claiming legal rights against an individual, or company. The party filing the complaint is usually called the plaintiff and the party they are filing the claim against is called the defendant(s).
Constructive
Treating a situation as if it were true, also called legal fiction. For example, if I give someone my bank account number and ask them to make a deposit for me and they withdraw my funds, that individual has Constructive Possession.
Constructive Eviction
When a landlord foregoes legal eviction and takes steps to keep tenant from living in their unit. Examples of Constructive Eviction, changing the locks, turning off the water, blocking the driveway, yelling at the tenant or nailing the door shut. Please see Actual Eviction and Eviction for more info.
Constructive Notice
A fiction notice is when someone receives a false notice, even though that notice was personally delivered to them.
Contempt of Court
Defying a court authority or dignity can place you in Contempt of Court. If you curse at a judge, or exercise violence against an officer of the court, or do not adhere to a Court Order, you can be in Contempt of Court and be charged with a fine, or a short stay (overnight) in jail.
Court Order
A Court order is a decision made by a judge, court referee, commissioner or magistrate that demands or directs something, or someone to do.
Court Services
There are several Courts in the United States, Family Court, Criminal Court, Appellate Court, Court of Appeals, Supreme Court, etc. Each Court is governed by state and local laws and hears cases respectively.
D
Defendant
Defendant(s) is/are the parties being sued in a civil lawsuit or the individual being charged with a crime in a criminal prosecution. In a divorce, a defendant is referred to as a respondent.
Diligence
Diligence is a satisfactory amount of attention in a matter. It is a fair attempt. An example of diligence is a process server’s due diligence in locating and serving someone legal papers.
Dissolution of Marriage
See: Divorce
Divorce
The termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which “incompatibility” is sufficient to grant a divorce. The substantive issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney’s fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time (as little as six weeks in Nevada). In most states the period from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several months to allow for a chance to reconcile.
Document Filing and Retrieval
Document Filing and Retrieving is the Preparation and filing of legal documents. Commonly filed and retrieved documents are, corporate documentation, certificates of Good Standing, Foreign and Domestic Certificates, Certificates Evidencing Filing, Certificates Evidencing Dissolution, certified copies, corporate verification, assumed business names, and franchise tax searches.
Due Process of law
Due Process is the principle of fairness in all legal matters. Legal procedures set statutes and court practice, including notice of rights, which must be adhered to so that no prejudice occurs. Due Process safeguards private and public rights against unfairness.
Due process
Due Process is fundamental procedural legal safeguards that every citizen has an absolute right to when a court alleges to make a decision that could affect the right of that individual. Under Due Process is the right to be given notice and to be heard.
E
Eviction
When someone is evicted, they are lawfully removed as a tenant from occupancy of property. Eviction is also called Actual Eviction and Constructive Eviction.
Expert witness
A witness with specific knowledge, a specialist called to testify and corroborate or debunk facts surrounding a legal case in question.
I
Insurances Fraud Investigation
Insurance fraud is deceiving an insurance company, or agent to collect money, which the party is not entitled to. Insurers and Agents can also defraud consumers. Often Insurance fraud is when an individual stages an accident, injury, theft, arson or other loss to collect money illegally from insurance companies.
O
Order to Show Cause
A court order that requires a person to appear in court on a specific date and time. If failure to appear occurs, the court will take action. Action can include, being punished for being in Contempt of Court, or ordering a Bench Warrant for that individual’s immediate arrest.
P
Personal Service
Personal service is being handed a copy of legal papers by a Process Server.
Petition
A petition is a formal request for something in writing directed at an individual.
Petition for Divorce
A request for legal termination of a marriage requires a petition or complaint for divorce, also referred to as dissolution in some states by an individual. Jurisdiction is defined by each state. Some states require a minimal showing of fault. There are also no-fault states, in which incompatibility is enough evidence to grant a divorce. The primary issues in divorces are division of property, child custody and support and spousal support.
Plaintiff
A plaintiff is when someone initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding reparations.
Priority service
Priority Service is when the initial attempt to Process Serve the party is made upon requesting Legal Process Service. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.
Private Investigation Service
A Private Investigator is hired by a Law Firm, Lawyer, corporation, or individual to obtain court records, government agency filings, vital statistics, property ownerships, vehicle and vessel records, photographs, witness statements and much more. Many Legal Investigators specialize in various court cases and are typically employed by law firms or lawyers. Private Investigators prepare criminal defenses, locate witnesses, serve legal documents, interview police and prospective witnesses, and gather and review evidence.
Private Process Server
A Private Process Server is referred to as an Officer or a Sheriff. A Private Process Server enters a public area of business to serve process in compliance with local and state laws and into a private place of business where there is an expectation of privacy to serve process. Any individual or individuals who try to resist the Process of Service, or obstruct Justice can be charged with a misdemeanor.
Process Server and Process Server Agent
A Legal Process Server delivers Judicial Paperwork and, or files Legal Paperwork with a Court on behalf of Law Firms, Individuals, Corporations and Organization in accordance with the Law. Typical Process Serving, Process Service and Service of Process requests also include unlimited attempts to serve the party and Notarized Proof of Service upon completing the Legal Process of Service. The types of documents served are Subpoenas, Summons and Evictions,
Proof of Service
A form filed with the court proving a date that legal documents were formally served to a party regarding a court action.
Public Records Search
Public Records Research allows an Individual or Private Investigator to access public record databases on the Internet or offline. Common public records research includes, finding business information, corporate filings, property records, unclaimed property, professional licenses, offenders, inmates, criminal and civil court filings.
Regular Service
Regular Process Service is when the initial attempt to Process Serve the party is made within 48 to 72 hours. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.
Return of Service
written confirmation under oath by a process server declaring that there was service of legal documents (such as a summons and complaint). See also: service, service of process
Rush Service
Rush Process Service is when the initial attempt to Process Serve the party is made within 24 hours. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.
Same Day Service
Same-Day Service is when the documents to be Process Served are picked up and delivered that same day. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.
Service by Fax
Delivery of legal documents served via Fax followed by a mailing of an original copy to the individual, or their attorney. Service by Fax is recognized by the courts.
Service by Mail
Service by Mail is mailing legal papers to the opposing party, or their attorney and filing the original with the clerk of the court with a declaration stating the legal papers were mailed and to the individual they were mailed to.
Service by Publication
Service by publication is to serve legal documents on a defendant by publishing the document in an advertisement in a newspaper of general circulation.
Service of Process
The Service of process is a legal term used by a Court of Law to exercise its jurisdiction involved in legal proceedings, or actions brought against them. Each jurisdiction is governed by its own local and state rules regarding the Service of Process.
Skip Trace and Skip Tracing
Skip Tracing is digging up information about someone. Common Skip Traces are Debts, Legal Matters, Repossessions, Locating Witnesses, Missing Persons and Heirs, Life Insurance Beneficiaries, Locating People and Property. Skip Tracing is also commonly used to locate Friends, Relatives, or Loved ones. Skip Tracing is very useful in Divorce, Past Due Child Support, Bail Jumpers, or finding Convicted Criminals.
Subpoena
A subpoena is an order of the court for a witness to appear and testify, or produce documents. Failure to appear is punished by Contempt of Court.
Substituted Service
Substituted Service is serving legal documents with an adult resident of the home of the individual being served, or a management level employee of a business.
Summons
A document issued by the court when a lawsuit is filed stating the name of the plaintiff and defendant, the title of the case, the file number and the contact information of each party, or their attorneys.
Surveillance
Surveillance is the continual observation of a person or group and verification of that person or groups activity. Surveillance is used to investigate criminal activities, domestic disputes, adultery and much more. In most instances, it is important to hire an investigator so that the evidence collected resulting from the surveillance can be used in a court of law.
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