How do I serve process in New York State on the agent of a company based outside of New York State?

Asked over 1 year ago - New York, NY

How to serve an out-of-state Defendant

I am trying to serve process in New York on a company incorporated in Delaware and based in Washington State. As per the web site of the New York Secretary of State (see
http://appext20.dos.ny.gov/corp_public/CORPSEAR...) , the address of a company called “Corporation Service Company,” based in Albany, is the address “to which DOS will mail process if accepted on behalf of the entity.” Does this mean that I have to mail the complaint and summons to the New York Department of State or can I mail them to the address of Corporation Service Company directly?

Attorney answers (4)

  1. Paul Karl Siepmann

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . You should retain the services of an Albany based service firm. They will serve the Secretary of State, whose office in turn will serve the designated agent. There are a number of companies you can use. Search and take your pick.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  2. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Hire a process server to serve the Secretary of State in Albany.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Edwin Drantivy

    Contributor Level 18

    3

    Lawyers agree

    Answered . Service of process is a very tricky issue that should be handled by a certified process server. Failure to serve properly can be fatal to your case.

  4. Peter Joseph Lamont

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with my colleagues.

    If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter... more

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