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

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 , 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. 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 relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.

  2. 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 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.

  3. 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. I agree with my colleagues.

    If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 Additional Offices in New York, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.

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