Service of Process “Nail and Mail” Service

If several genuine attempts at personal and substituted service have failed, and the case is not a divorce case, the papers may be served by taking the following two steps:

  • Step 1: Affix the summons to the door of either the actual place of business, dwelling place, or usual place of abode within New York Sate of the person to be served and
  • Step2: Mail the process by first class mail to the person to be served a this or her last known residence or mailing them to his or her actual place of business. CPLR 308(4)

Important: The envelope used for the mailing must be marked “Personal and Confidential” and must not show in any way that the envelope contains papers about a legal action against the person being served.

The affidavit of service by “nail and mail” must describe in detail the times and places of all the previous attempts at personal service, before “nail and mail” service was used.

For more information on Service of Process visit or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact #ServiceofProcess #NailandMail

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