The residence of the process server is not an issue. The proper form of the affidavit is.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
You have to properly serve him using a method in the CPLR. It is not enough that he knows about the case.
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) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
Was he served with the complaint you filed in Supreme Court? He doesn't have to "sign" anything. The person that serves him has to sign an affidavit that service was made.
And if you say you can't afford a lawyer, i doubt that's the case. Why can't you bring an motion against him to pay your costs (I am sure he is not living in St. Lucia without money). or find an attorney to work with you.
Your husband needs to be personally served according to our guidelines. The person who serves him must fill out and sign the affidavit of service. He should err on side of caution and have the affidavit notarized at the anericsnconsulate. When you court stated must be served by us citizen was there an order if so basis?
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
Be careful about the legal advice you get from clerks in the court--Because they are not attorneys and can give you incorrect information. In your case, you are getting the wrong information. If your husband lives in St. Lucia, he can not be simply served by anyone who lives in the US. He must be properly served as provided under New York law for service abroad. For St. Lucia, this will likely mean by a licensed attorney or process server in St. Lucia.
Feel free to give me a call now for a free consultation (646) 587-0188. Even if you still decide to represent yourself, we can at least answer some of your general questions about the process and how to proceed without your husband's signature.
Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
Answers to questions by an attorney for The Law Firm of Liou & Maisonet, PLLC are for general purposes only and do not establish an attorney-client relationship.
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