It is unlawful to attempt service on Sundays, except in criminal proceedings or when specially authorized by statute. (GBL Section 11)
It is a misdemeanor criminal offense to “maliciously serve process” on a Saturday if you have knowledge that the person observes Saturday as their holy time, i.e., Orthodox Jews. (GBL Section 13)
Generally, service must be completed on all defendants within 120 days of the date the Index # was issued. If the service is not completed within 120 days, the action can be dismissed. (CPLR 306-b)
There is no license required to be a process server outside New York City. However, you cannot serve process within the 5 boroughs of New York City without a license. In addition, if you’re serving for an agency in NYC, that agency must also be licensed.
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