What happens after Defendant is Served?
State of New York,
Small Claims Court
New York Small Claims procedure is different than almost every other States’
procedure. Because the Court Clerk
actually does the mailing (and certified mailing) to your Defendant, you will
not know immediately when your claim is deemed “Served”.
We are reminded often by the New York Small Claims Clerks that
Plaintiff’s should plan on appearing at the scheduled hearing
unless otherwise notified.
do we mean by “unless otherwise notified”? This normally means that the First
Class Mailing to the Defendant came back (i.e. moved, no forwarding) to the
Clerk’s office within 21 days (30 days for Consumer cases). The Clerks letter to you will explain
that the Defendant was not deemed served.
The Court will instruct you on your choices for Service. Typically, they will inform you that
the Defendant will need to be Served personally by a Private Process Server.
Smallclaimsdepartment.com has bonded, registered
and experienced Private Process Servers in every city in New York. Therefore,
we will assist you with the Process Service on the Defendant. Our fee would be an additional $65.00
for Service of Process. This fee
would include the filing of the Affidavit of Service at court.