Skip to main content

In New York City Can you serve someone on Saturday?

Brooklyn, NY |

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

+ Read More

Attorney answers 3


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.

This answer is provided under the “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".

Jack Richard Lebowitz

Jack Richard Lebowitz


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


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?


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

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer