New York Rules of Civil Procedure

New York's rules for serving a summons are in the Civil Practice Law and Rules (CPLR), mainly Article 3 (sections 305 to 318). New York has no statewide process server license, but New York City requires one under the NYC Administrative Code, section 20-403 and following.

Record-keeping rules for process servers in New York City are in the General Business Law (GBL), Article 8-A, and the city's own rules.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current CPLR on the New York State Senate laws site or ask an attorney before relying on it.

New York process servers

• Become a process server in New York
• Hire a process server in New York

Quick facts: process serving in New York

• Who can serve: Anyone 18 or older who isn't a party to the case (CPLR 2103(a)).
• Licensing: No state license. In New York City, anyone who serves process five or more times a year needs a license from the Department of Consumer and Worker Protection (DCWP).
• Deadline to serve: Within 120 days after the case is filed (CPLR 306-b).
• Substituted service: Leave the papers with a person of suitable age and discretion at the home or business, then mail a copy within 20 days (CPLR 308(2)).
• Proof of service: An affidavit of service that includes a description of the person served (CPLR 306).
• Time to respond: 20 days after personal delivery in New York, or 30 days after service is complete for most other methods (CPLR 320(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across New York. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

Register for ServeManager

New York process server licensing

New York State doesn't license process servers. New York City does. Under NYC Administrative Code section 20-403, you need a DCWP license if you serve process five or more times in a calendar year in the five boroughs. New York-admitted attorneys and government employees acting within their jobs are exempt.

To get an individual license, DCWP requires you to:

• Pass a 35-question exam (you need 25 correct answers)
• Be fingerprinted and submit a background information form
• Certify your electronic device and record-keeping

The license lasts two years and expires on February 28 of even-numbered years. See the DCWP license checklist for current fees. Agencies that hand out work to servers need a separate process serving agency license.

NYC process servers also have to:

• Keep a record of every service. You can use a paper logbook or submit records electronically to a third-party contractor within three days of each service or attempt (GBL § 89-cc). Since June 8, 2022, servers who keep electronic records no longer need a paper logbook.
• Carry a GPS device. The device has to record the location, date and time of each service, and the GPS records are kept with a third-party contractor (6 RCNY § 2-233b). See DCWP's information for the process server industry.

For a step-by-step guide, see Become a Process Server in New York.

How to serve a summons in New York

Personal delivery: CPLR 308(1)

Hand the summons to the defendant in New York State.

Substituted service: CPLR 308(2)

Deliver the summons to a person of suitable age and discretion at the defendant's actual place of business, dwelling place or usual place of abode. Then, within 20 days, mail a copy by first-class mail to the defendant's last known residence or actual place of business. Mail to a business must go in an envelope marked "personal and confidential," with nothing on the outside showing it's from an attorney or about a lawsuit.

File the proof of service with the clerk within 20 days of the delivery or mailing, whichever is later. Service is complete 10 days after the proof is filed.

Service on a designated agent: CPLR 308(3)

Deliver the summons to an agent the defendant has designated under CPLR 318.

Affix and mail ("nail and mail"): CPLR 308(4)

Only if personal delivery and substituted service can't be made with due diligence, affix the summons to the door of the defendant's actual place of business, dwelling place or usual place of abode. Then mail a copy within 20 days, under the same rules as 308(2). File proof within 20 days, and service is complete 10 days after filing. The affidavit must list the dates, times and addresses of the earlier attempts (CPLR 306).

Court-ordered service: CPLR 308(5)

If service under 308(1), (2) and (4) is impracticable, the court can order another method on a motion made without notice.

Service by mail with acknowledgment: CPLR 312-a

The summons and complaint can be mailed first class with two copies of a statement of service and acknowledgment form and a prepaid return envelope. Service is complete when the defendant signs and returns the acknowledgment. If it isn't returned within 30 days, the court can charge the defendant the cost of serving another way (CPLR 312-a).

Service outside New York: CPLR 313

A person subject to New York jurisdiction can be served outside the state in the same way as in New York (CPLR 313). Service in another country may be subject to the Hague Service Convention.

Service by publication: CPLR 315 and 316

Publication needs a court order. It usually runs in two newspapers at least once a week for four weeks in a row, and the first publication must happen within 30 days of the order. Service is complete on the 28th day after the first publication (CPLR 316). Matrimonial cases use one newspaper for three weeks. See What is service by publication?

No service on Sunday: GBL § 11

Serving civil process on a Sunday is prohibited, and Sunday service is void (GBL § 11). It's also a misdemeanor to maliciously serve process on a Saturday on someone who keeps Saturday as a holy day (GBL § 13).

Serving businesses and other entities

• Corporations (CPLR 311(a)(1)): Serve an officer, director, managing or general agent, cashier or assistant cashier, or an agent authorized to receive service (CPLR 311). A business corporation can also be served through the Secretary of State (Business Corporation Law § 306).
• LLCs (CPLR 311-a): Serve a member or manager, or an agent authorized to receive service (CPLR 311-a), or serve the Secretary of State.
• Partnerships (CPLR 310): Serve any partner, or a managing or general agent (CPLR 310).
• The State of New York (CPLR 307): Deliver the summons to an assistant attorney general at an Attorney General's office, or to the Attorney General. A state agency or officer must also be served, in person or by certified mail marked "URGENT LEGAL MAIL" (CPLR 307).
• Cities, counties, towns, villages and school districts (CPLR 311(a)(2)-(7)): For New York City, serve the corporation counsel. For other cities, serve the mayor, comptroller, treasurer, counsel or clerk. For counties, serve the chair or clerk of the board of supervisors, the clerk, attorney or treasurer.

Look up an entity's registered address and agent in the New York Department of State business entity database.

Serving a subpoena in New York

A subpoena is served the same way as a summons (CPLR 2303). The witness must be paid or tendered one day's witness fee and travel expenses in advance. The standard fee is $15 a day plus 23 cents a mile (CPLR 8001). A copy of a subpoena for documents in a pending civil case must also go to every party who has appeared.

Proof of service

A private process server proves service with an affidavit. A sheriff uses a certificate (CPLR 306(d)). The proof must state:

• The papers served, the person served, and the date, time and address of service
• Facts showing the server was allowed to serve and used an allowed method
• For personal delivery, a description of the person served: gender, race, hair color, approximate age, height and weight, and other identifying features
• For affix and mail, the dates, addresses and times of the earlier attempts

Since January 1, 2024, any person can sign an affirmation under penalty of perjury in place of a notarized affidavit (CPLR 2106). An amendment signed on November 21, 2025 extends this to other sworn statements.

Hire a New York process server

Find agencies in New York City, or browse the New York process server directory.

More New York resources

• Become a Process Server in New York
• Courts in New York
• New York Civil Practice Law and Rules (New York State Senate)
• Information for the process server industry (NYC DCWP)
• New York State Professional Process Servers Association (NYSPPSA)

This page is a general overview of New York law, not legal advice. Laws change. Check the current law or talk to an attorney about your case.