Who is allowed to serve a summons and complaint in New York?

Any person 18 years of age or older who is not a party to the case may serve a summons and complaint. A sheriff may also be used but is not required, and a sheriff files a certificate rather than a sworn affidavit. A party to the case generally cannot serve their own summons unless a judge gives permission.

Does New York require a notarized affidavit of service, or can I use an affirmation instead?

Since January 1, 2024, CPLR 2106 lets any person sign an affirmation under penalty of perjury in place of a notarized affidavit, with the same force and effect. Some court self-help material still instructs that the affidavit be signed before a notary, so check with the clerk before you file to see which format the court expects.

Is there an official New York proof of service form I must use?

New York has no single mandatory statewide numbered proof of service form. The form used to prove service is generally called an Affidavit of Service, but forms are set at the court or county level, so check with the clerk for any local form; if the court requires its own form, that form controls.

Is it enough to serve a New York summons only by mail?

No. Ordinary mail by itself does not complete service of a summons. CPLR 312-a allows personal service by mail only if the defendant signs and returns an acknowledgment of receipt within 30 days of receiving it. If no signed acknowledgment comes back, the plaintiff must serve the defendant by another method.

How long do I have to serve a summons and complaint in New York?

Generally 120 days after the action is filed, under CPLR 306-b. If service is not completed within that time, the court may dismiss the action without prejudice on motion, or extend the time to serve on good cause shown or in the interest of justice.

When must I file the proof of service with a New York court?

It depends on the method. After personal delivery in Supreme, County, or City Court, there is generally no fixed deadline to file the affidavit. After substituted or nail-and-mail service, CPLR 308(2) and 308(4) require the proof to be filed within 20 days of whichever of delivery, affixing, or mailing happened later, and service is not complete until 10 days after that filing.

How do I prove service of later papers, like a motion, in New York?

Once a party has appeared by attorney, later papers are generally served on the attorney of record under CPLR 2103, by personal delivery, mail to the address the attorney designated, or another method the rule allows. Proof of service of later papers follows the same affidavit or CPLR 2106 affirmation rule as the summons and complaint.

New York Proof of Service

New York lets any non-party who is 18 or older serve a summons and complaint, but within New York City's five boroughs a server who handles more than five papers a year must hold a Department of Consumer and Worker Protection process-server license, and ordinary mail alone is not sufficient to serve a summons on an individual defendant.

Find out where you stand in New York

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

New York has no mandatory statewide proof of service form; the server fills out an Affidavit of Service, and if the court has its own local form, that form controls. Any person 18 or older who is not a party may serve a summons and complaint; a party generally cannot serve their own summons without a judge's permission, and a sheriff may be used but is not required. Within New York City's five boroughs, a server handling more than five papers a year must hold a process-server license from the NYC Department of Consumer and Worker Protection, requiring a surety bond, fingerprinting, and a passed exam; there is no statewide process-server licensing scheme. Since January 1, 2024, CPLR 2106 lets any person sign an affirmation under penalty of perjury instead of a notarized affidavit, though some self-help material still describes a notary as required. Personal, substituted deliver-and-mail, and nail-and-mail service are available, but ordinary mail alone is not valid: CPLR 312-a allows service by mail only if the defendant signs and returns an acknowledgment within 30 days, and if none comes back the plaintiff must serve another way. The summons and complaint must generally be served within 120 days of filing under CPLR 306-b, and the proof-filing deadline depends on the method used. Later papers are typically served on the attorney of record, with proof following the same affidavit or affirmation rule. Defective service can void a default judgment. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
Any person 18 years of age or older who is not a party to the case may serve a summons and complaint; a sheriff may also serve but is not required. New York has no single mandatory statewide numbered affidavit of service form; ask the court clerk which form your court uses, and if the court requires its own form, that form controls.
2
Ordinary mail alone is not sufficient to serve a summons on an individual defendant. CPLR 312-a allows service by mail only if the defendant signs and returns an acknowledgment of receipt within 30 days of receiving it; if no signed acknowledgment comes back, the plaintiff must serve by another method.
3
The deadline to file proof of service depends on the method. After personal delivery in Supreme, County, or City Court there is generally no fixed filing deadline. After substituted (deliver-and-mail) or nail-and-mail service, CPLR 308(2) and 308(4) require the proof to be filed within 20 days of whichever of delivery or mailing happened later, and service is not complete until 10 days after that filing.
4
Within New York City's five boroughs, a person who serves more than five legal papers a year must hold a process-server license from the NYC Department of Consumer and Worker Protection, which requires a surety bond, fingerprinting, and a passed exam. New York has no statewide process-server licensing scheme.
5
Since January 1, 2024, CPLR 2106 lets any person sign an affirmation under penalty of perjury in place of a notarized affidavit, with the same force and effect. Some court self-help material still instructs that the affidavit must be signed before a notary, so ask the clerk which the court will accept.
6
The summons and complaint must generally be served within 120 days after the action is filed, under CPLR 306-b. If service is not made in time, the court may dismiss the action without prejudice on motion, or extend the time for good cause or in the interest of justice.
7
Later papers, such as motions and notices, are served on the attorney of record once a party has appeared by counsel, under CPLR 2103, using personal delivery, mail to the designated address, or another method the rule allows. Proof of service of later papers follows the same affidavit or CPLR 2106 affirmation rule as the summons.

Key decisions before you file

Before you file a Proof of Service in New York, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

Customize your Proof of Service Template with DocDraft

[COURT NAME] COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 -against-                                    Index No. [INDEX NUMBER]

[DEFENDANT NAME], Defendant.

AFFIDAVIT OF SERVICE

New York has no single mandatory statewide proof of service form. Check with the court clerk for any local form; if the court requires its own form, that form controls.

[IF NOTARIZED AFFIDAVIT: STATE OF NEW YORK ) ) ss.: COUNTY OF [COUNTY] )]

[SERVER NAME], [IF NOTARIZED AFFIDAVIT: being duly sworn, deposes and says] [IF CPLR 2106 AFFIRMATION: affirms under the penalties of perjury as stated below]: I am over the age of 18 years, I am not a party to this action, and I reside at [SERVER ADDRESS, IF REQUIRED BY THE COURT].

On [DATE OF SERVICE], at approximately [TIME OF SERVICE], at [ADDRESS OR PLACE OF SERVICE], I served [NAME OF PERSON SERVED] with the [PAPERS SERVED, SUCH AS SUMMONS AND COMPLAINT] as follows:

[IF APPLICABLE: PERSONAL DELIVERY. I personally delivered a copy to [NAME OF PERSON SERVED].]

[IF APPLICABLE: SUBSTITUTED SERVICE. I left a copy with [NAME AND RELATIONSHIP OF RECIPIENT], a person of suitable age and discretion, at the defendant's [ACTUAL PLACE OF BUSINESS, DWELLING PLACE, OR USUAL PLACE OF ABODE], and mailed a copy to the defendant's [LAST KNOWN RESIDENCE OR ACTUAL PLACE OF BUSINESS] on [DATE OF MAILING], within 20 days of the delivery above.]

[IF APPLICABLE: CONSPICUOUS-PLACE SERVICE. Personal and substituted service could not be made with due diligence, including attempts on [DATE], [DATE], and [DATE]. I affixed a copy to the door of the defendant's [ACTUAL PLACE OF BUSINESS, DWELLING PLACE, OR USUAL PLACE OF ABODE] and mailed a copy on [DATE OF MAILING], within 20 days of the affixing.]

[IF APPLICABLE: SERVICE BY MAIL WITH ACKNOWLEDGMENT. I mailed a copy of the summons and complaint, with two copies of the statement of service by mail and acknowledgment of receipt required by CPLR 312-a, to the defendant on [DATE OF MAILING]. The signed acknowledgment of receipt was mailed or delivered back to the sender on [DATE SIGNED ACKNOWLEDGMENT WAS MAILED OR DELIVERED BACK].]

Description of the person served: gender [GENDER], race [RACE], hair color [HAIR COLOR], approximate age [APPROXIMATE AGE], approximate height [APPROXIMATE HEIGHT], approximate weight [APPROXIMATE WEIGHT], and other identifying features [OTHER IDENTIFYING FEATURES].

I am over 18 years of age and not a party to this action. [IF APPLICABLE: I am licensed as a process server under New York City Administrative Code Section 20-403, license number [LICENSE NUMBER].]

[SIGNATURE] [SERVER NAME] [SERVER ADDRESS]

[IF NOTARIZED AFFIDAVIT: Sworn to before me this [DAY] day of [MONTH], [YEAR].

[NOTARY SIGNATURE] Notary Public, State of New York]

[IF CPLR 2106 AFFIRMATION: I affirm this [DAY] day of [MONTH], [YEAR], under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true.]

PROOF OF SERVICE OF LATER PAPERS

[IF APPLICABLE: [SERVER NAME], [IF NOTARIZED AFFIDAVIT: being duly sworn, deposes and says] [IF CPLR 2106 AFFIRMATION: affirms under the penalties of perjury as stated below]: I am over the age of 18 years and not a party to this action. On [DATE OF SERVICE], I served a copy of [DESCRIPTION OF PAPER] on [NAME OF ATTORNEY OR UNREPRESENTED PARTY] by [PERSONAL DELIVERY, MAIL TO THE ADDRESS DESIGNATED FOR SERVICE, OVERNIGHT DELIVERY, OR ELECTRONIC TRANSMISSION UNDER THE APPLICABLE COURT RULES].

[SIGNATURE] [SERVER NAME]

[Add the same notary jurat or CPLR 2106 affirmation used above.]]

New York Requirements for Proof of Service

Non-Party Over 18 May Serve the Summons
Any person 18 years of age or older who is not a party to the case may serve a summons and complaint; a sheriff may also be used but is not required, and a party generally cannot serve their own summons without a judge's permission, per Unified Court System guidance on service of process.
NYC Process-Server Licensing Above Five Papers a Year
Within New York City's five boroughs, a person who serves more than five legal papers in a calendar year must hold a process-server license from the NYC Department of Consumer and Worker Protection, requiring a surety bond, fingerprinting, and a passed exam (N.Y.C. Admin. Code Section 20-403 et seq.). New York has no statewide process-server licensing scheme.
120-Day Deadline to Serve the Summons and Complaint
The summons and complaint must generally be served within 120 days after the action is commenced. If service is not made in that time, the court may dismiss the action without prejudice on motion, or extend the time for good cause shown or in the interest of justice (CPLR 306-b).
Proof-Filing Deadline for Substituted and Nail-and-Mail Service
Where service was made by deliver-and-mail (leaving papers with a person of suitable age and discretion and mailing a copy) or by nail-and-mail (affixing a copy and mailing), proof of service must be filed within 20 days of whichever of delivery, affixing, or mailing occurred later, and service is not complete until 10 days after that filing (CPLR 308(2), (4)).
Service by Mail Requires a Signed Acknowledgment
Personal service by mail is valid only if a copy of the summons and complaint, with a statement of service by mail and acknowledgment of receipt, is mailed to the defendant, who must sign and return the acknowledgment within 30 days of receiving it; service is complete only when the signed acknowledgment is mailed or delivered back (CPLR 312-a).
Affidavit or CPLR 2106 Affirmation
Proof of service is traditionally a notarized affidavit, but since January 1, 2024, CPLR 2106 lets any person substitute a signed affirmation under penalty of perjury for the notarized affidavit, with the same force and effect, in any pending or later-filed action.
Required Contents of the Proof of Service
The proof of service must state the papers served, the person served, and the date, time, address, and manner of service; for personal service it must include a description of the person served (the server's perception of gender, race, hair color, approximate age, weight, and height, and other identifying features); for substituted or conspicuous service it must include the dates, addresses, and times of attempted service (CPLR 306(a)-(c)).
Later Papers Served on the Attorney of Record
Once a party has appeared by attorney, later papers such as motions and notices must be served on the attorney of record, not the party, unless the court orders otherwise, by personal delivery, mail to the designated address, or another method CPLR 2103 allows.

Find out where you stand in New York

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

New York Requirements for Proof of Service

Non-Party Over 18 May Serve the Summons

NYC Process-Server Licensing Above Five Papers a Year

120-Day Deadline to Serve the Summons and Complaint

Proof-Filing Deadline for Substituted and Nail-and-Mail Service

Service by Mail Requires a Signed Acknowledgment

Affidavit or CPLR 2106 Affirmation

Required Contents of the Proof of Service

Later Papers Served on the Attorney of Record

Frequently Asked Questions