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/CORPSEARCH.ENTITY_INFORMATION?p_nameid=3679808&p_corpid=3671930&p_entity_name=%61%6D%61%7A%6F%6E%2E%63%6F%6D&p_name_type=%25&p_search_type=%43%4F%4E%54%41%49%4E%53&p_srch_results_page=0) , 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?
Family Law Attorney
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.
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Criminal Defense Attorney
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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Contracts / Agreements Lawyer
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.
I agree with my colleagues.
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