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In New York City Can you serve someone on Saturday?

Brooklyn, NY |
Filed under: Child custody

I'm filing guardianship for my 13 yr old son. The Mother is at work on Saturday and I want to serve her.

Attorney Answers 3

Posted

Yes, so long as she's not Jewish or some other religion that celebrates the Sabbath on Saturday, but since observant Jews can't work on their Sabbath, this doesn't seem to be a problem.

However, when you say "can I", keep in mind that YOU can't personally serve an adverse party in an action or proceeding, it has to be a third party (so that fraudulent claims of service and/or possible physical violence can be avoided).

The server also needs to be over the age of 18 years old and not related to any party as well.

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2 comments

Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

p.s. It's also not polite to serve someone at work and can get them into trouble or not be permitted by the workplace. If you could find some other place or way of doing this...even if it's at the end of the person's shift where they're coming out of the workplace to the parking lot or bus stop, that would be a lot more cool. Same reason people can tell bill collectors calling them at work to stop.

Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

p.p.s. Assuming by "guardianship" you mean a custody petition in Family Court, I don't know how they do it in New York City, but up here its handled by the court arranging for service of petitions and usually handled by the civil division of the County Sheriff's Office. Are you really sure you should be serving these papers?

Posted

Yes, as long as it doesn't interfere with a religious observence. If she's working you should be okay.

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Posted

Yes. But you cannot serve her. Must be a person over 18 not a party to the action.

Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court

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