Time Limitations For Filing Affidavit of Service (Proof of Service) of the Initiating Papers

Screen Shot 2015-02-02 at 1.46.53 PMBefore the statute of limitations expires, you must start your lawsuit as described in Service of Process of Initiating Papers. Also, Affidavit of Service (proof of service) must be timely filed with tCounty Clerk, If not done, your case may be dismissed. A summons with notice or a summons and complaint must be served and affidavit of service (proof of service) filed within 120 days of getting your Index Number.  In a special proceeding where the statute of limitations is four months or less, after timely filing in the County Clerk’s Office, copies of the petition and notice of petition or order to show cause must be served and the proof of service filed within 15 days after the date the statute of limitations expires.  If the papers are served by substituted or “nail and mail” service, the affidavit of service must be filed within 20 days of the date of service.

After service has been done, the person who served the papers must fill out an affidavit of service. The affidavit must be sworn to and signed in front of a notary. This affidavit must describe the date, place, time and how the papers were served and indicate the sex, skin and hair color, and the approximate age, height and weight of the person served. In a matrimonial case, the server must also explain how he or she knew that the person served was the named defendant.

For more information on Service of Process visit www.undisputedlegal.com 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 undisputedlegal.com #ProcessServers #ProcessService #TimeLimitations

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