"Knock Knock." "Who's There?" "Mr. Process Server. Open the Door, I Have Something For You."
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- เผยแพร่เมื่อ 4 ก.พ. 2025
- "Knock Knock." "Who's There?" "Mr. Process Server. Open the Door, I Have Something For You."
www.oginski-la...
There's someone at your door and he says he has something for you. Do you open the door?
Turns out he is a process server. He is there to serve you with legal papers. Do you have to open the door?
A process server is someone who is hired by a lawyer to deliver legal papers. They play a very important role in civil lawsuits involving accident cases, personal injury cases, negligence matters, medical malpractice cases and even wrongful death cases.
When a lawsuit is started in New York, we are required to deliver the lawsuit papers to the people that you are suing. There are also specific requirements about how those papers are to be delivered. The best way to deliver them is to personally hand-deliver the papers to the people you are suing.
What happens if you cannot locate the person you are trying to sue or that person refuses to come out of their office or home? There are alternative methods of delivering those papers.
Once the papers have been delivered, the process server is required to fill out a piece of paper called an affidavit. In the affidavit, he swears that the papers were delivered at a particular date and time to the person being sued. He must also identify them physically, sign his name and then send the document to the lawyer.
That document is known as an affidavit of service and is often filed with the court to prove that the legal papers were properly delivered.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: www.oginski-law...
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: ow.ly/azKg6
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, www.oginski-la...
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
Email: lawmed10@yahoo.com
Twitter: @GerryOginski
Great video!! Apartment Intercom - Told legal papers. Decided to go downstairs. Asked who they were from. Did not open the glass front door. Process Server slid the papers under the door and left.
Thank you.
Nice video, I'm a mexican lawyer and I was wondering exactly how this kind of stuff works in the US. This was pretty useful and very well explained. Thanks!
+eleme88 You're welcome and thank you for your kind words!
eleme88 not the entire US only New York. This process is different in other states.
Veronica, I only practice law in the State of NY and if this happened outside of NY I wouldn't be able to answer your question.
Thanks Andrew, glad I could do both.
Best regards,
Gerry
The best thing don't even open the door
Interesting point, but it doesn’t solve the problem since they are often permitted to leave a copy attached to your door.
@@NYMedicalMalpractice no they can't actually give a copy of the door because what does that mean that means they did not serve the person . If someone knocks on the door and you say just leaving outside you screwed up . Because they can leave it outside and then they can mail you a copy then that is admitting guilt it's better not to answer the door and they can leave it on your door doesn't mean they served you.
@@NYMedicalMalpractice just because you did live there and they gave it to that address doesn't mean you do live there . I can't wait give it to the next her neighbor and say oh I served it to that person no it doesn't work like that
Best to ask your own attorney since he'd be familiar w/ all the details.
It is so sad to be involved in a lawsuit.
Sometimes, this is the only civil way to resolve an ongoing dispute.
@@NYMedicalMalpractice Yes, Sir. I have no other choice. My life can not go on, and lawsuit is the only way. Thanks God for you. You help me. You save me. I am blessed. God loves me, and I love you.
I had made a previous attemp with the sherriffs dep. to have the papers served at his parents house being he claims to live there, but his parents told the sherriffs dept. they didnt know of his whereabouts. My index file number did expire on the 19th of this month but i was told if i can show proof that i made a previous attemp and then managed to have him served on March 26th {which I did, by a court processor} , I would be able to ask the courts for an extention. Is this true???/
Someone came on my driveway asking for somebody.....i told him "he doesnt live here"......he ask me "what is your name?"....(offended) I told him "I dont know You! You can leave now!"....he responds "im a county processor"....at this point i thought he was a scammer....i told him "leave! Im relaxing now"....and he left...
That’s what happens.
I answered the door today because I am responsible for my decisions in life. It's a radical idea.
I LOVE that you take responsibility for your actions. I wish everyone did that!
Eagles Fan Since Super Bowl 52 yeah but what about the home envisions that are happening now a days...yeah keep opening ur doors.
Maybe in New York but I live in a state where the server brings the police with them.
That's a different scenario and doesn't happen here in New York in civil cases.
You don’t have to open the door EVEN For a police. My brother is an officer. If they don’t have a warrant for ur arrest. You don’t have to ever open ur door.
Actually in some states there is called public notification and what they do is they put it in the newspaper and technically them putting in the newspaper is technically them serving you. It's kind of BS because who reads the damn newspaper now these days
Thank you...and I will!
Great video! Kept me entertained and informed throughout. =)
What about getting a photo of the one you are serving? Can you attach that to the affidavit along with a written description of him/her? It would be even better than describing him/her. Or at least keep a copy so that if they try to say that it was not them you have something to compare with them sitting/standing in front of you. It would be helpful I think for people who fit a common description.
+John Doe It depends on what state you're in and what they will accept.
Is this advice up to date because the process sever can leave the documents at your door even if you're not at home, someone else can take the paperwork or the process sever can say that you received the door.
As you correctly note, there are various options available if you refuse to open the door. In addition, each state has their own requirements.
"Yes, I can be reached at ### ### ####. $50 a question. LOL
Sorry Gregory, we don't actually charge people who call. Attorneys who handle personal injury and medical malpractice cases in New York charge a fee to take a case based on how much money they are able to recover for the injured victim or patient. This is known as a contingency fee. We don't charge hourly fees. Nor do we charge people who call us on the phone or come in for a consultation.
Very helpful
Glad to hear that
Is it legal to serve a person that is not the one in the document? And take a picture of that person receiving the papers eventhough is not the person they have to serve?
You would need to ask a process server and your state that specific question. There are times in New York where process server is not able to deliver the papers to the person specified in the papers and instead is able to leave it with someone authorized to accept the papers on their behalf
My brother has passed the bar. He is very proud of this fact. He should not use this great achievement for his own grandiose view of his life's works, as he has done in the past. The law enforcement tax monies can be utilized elsewhere as needed.
Hi Jeffrey, I'm not sure what that has to do with the topic of this video, but I'm glad to hear he passed the bar.
lol! 1 hour ago a lady came to my door saying she had a letter for " My Name " I didnt answer the door because I never answer the door.. I said through th e window " nobody" lives here by that name.. but looking out the window I can see it was looked like a summons .. but the person did not identify them selfs as a clerk ..I asked them to identify again they would not ..it was a lady she looked kinda dressed down ..but sounded pretty official. now what.?
If this happened in NY, then expect to get those papers left on your door and also in the mail.
Hello, I just received a business card with a process server information on it. That’s states my name with “CALL URGENT” the business card is more like a soft piece of paper and looks like something made at home. Also when I looked up the phone number it gives me a street view of a house.
Dolfo Calde III if you are in the habit of reaching out to strangers then go right ahead. Otherwise, don’t call.
Who is it that the determines if papers are legal doctor
Sorry, but I don't understand the question.
The person who serves the paperwork do they bring it to court or does the one who gets served bring it to court?
Not sure I understand your question.
Thanks Dale.
Hi Gerry,
I was sued in June last year.
The process server went to an old address (noted incorrectly by police officer in accident report) thinking I live there:
His last entry in affidavit of diligence:
-> 8/13/2017 - Bad address, per resident, no one by that name lives here. (Obviously, because it was a leased apartment and I had moved out of there more than a year ago)
-> 8/14/2017 - Returned NOT served on : [name of defendant, me] by leaving a copy of the document with John Doe, refused name.
They then served a summons. If they file a default judgement against me, can my lawyer argue against this ?
When I had moved out of that apartment, I had signed a change of occupancy lease document with that leasing company for that address. I have a copy of it and it has signatures of me, the new tenant, the leasing company's manager and the date of move out was 2/01/2016.
Can my lawyer use this to file a motion or answer against the plaintiff's default file or court's judgement.
In New York, if you contest being properly served there is a hearing that can be held to examine how you were apparently served or not served. Legally, we call that a traverse hearing.
Why am I STILL required to go to court, if I was told that no further action is required?
I got beat up by a homeless lady a couple of months ago. An Assistant State Attorney called me & asked me to tell her what happened, & she kept trying to convince me to continue with the charges when I was trying to drop them. She told me that no further action was needed.
Then, on Monday an investigator, who didn't even initially introduce herself, hunted me down & found my exact hotel room, & gave me a subpoena for January 4, that says that if I don't call over the phone, then I'll have to go to jail for contempt of court.
I don't know much about the law, & I'm disabled.
Please give me some advice & help me out. I am losing sleep because of this.
I don't handle criminal cases. I only handle accident cases and medical malpractice cases in New York. You need to reach out to an attorney near you who handles those types of cases. Good luck to you.
@@NYMedicalMalpractice Thank you. Sorry about that.
@@cherryjig7983 No worries.
What if they don't affix it to the door, can they slide it under the door? Is that the same effect or does but have to be affixed to the door.
L Perk Each state has different requirements. You would need to ask an attorney near you the answer to that question.
So what if he does not pick up and you leave the copy by the door( and mail a copy) does that hold up in court? Do all this undercover cloak and dagger stuff is unnecessary to track down the person?
Indeed it does hold up. It's called substituted service and the person to whom it is delivered is now presumed to have received it. Very important to starting a lawsuit in New York.
But if your listed as the only person able to receive it. The subject than it won’t stand up in court unless that person is served
If he says he personally served them, can that mean he left them at the door and didnt see them?
Success4TheBest If you read the affidavit of service, it will explain exactly how those papers were delivered.
I live in Waterbury, CT and really wish I could be a process server. It's too bad (IMHO) that to do such work I'd first have to become a Deputy Sheriff or Sheriff and hope I get selected by a committee of about 13 persons...Any advice on other States or limited process service which may be done in CT/NY even by private citizens?
Hi Duke. Your best bet would be to reach out to a process server who works in those States. See if you could take them to lunch. Great way to have your questions answered.
A lady came to the door late yesterday and I had to sign a court paper that was in my name even though I am 15. It had something to do with small claims (around $400). It might be something to do with my mom, but how would they get my name and be so sure? Any help is appreciated. It definitely caught me off guard.
I don't know the answer to your question. I do not handle small claims matters and I only practice in New York and the only type of cases I deal with involve accident cases, medical malpractice cases and wrongful death cases. Best to reach out to an attorney near you to see if they can answer your legal question. Good luck to you.
Here in cali you must be 18 to accept legal documents or an adult must be present with you in order to accept
Service must be given according to the State - this info is only good for NY. In Oklahoma we servers cannot just leave a copy on the door and send a cert. copy; we must document several attempts at service plus evidence that subject does in fact live at that address and then the judge will issue an order for alternate service.
+Susan Bettis In Texas we just tape it to their door
I know! That's great! I had a process server in texas serve an oklahoma paper and she wanted to do that and I told her no, she couldn't and I had to go to considerable effort to convince her that she had to follow ok rules. When I serve Texas papers here I can't serve them on Sunday, but Oklahoma papers can be served then. I think Florida papers can be served only within certain hours.
How does a Plaintiff serve someone who lives in another state? (They had a contract in State A, Defendant then moved to State B. How does the Plaintiff serve that Defendant?)
You'd need to ask an attorney in that State as well as someone who handles contracts. I only represent injured patients and accident victims in NY. Good luck to you.
My proof of service says he personally served my respondant. Does that mean he saw her and personally identified her or can it mean he just left it at the door? Also.. Is the affidavit included in the proof of service paper?
Success4TheBest The affidavit of service explains exactly how he delivered those papers.
You definitely have the best process server video! Let me know if you need any docs served in San Francisco.
This is urgent and I'm not sure where to ask. In NYC, is it legal for me to call someone I need served and tell them to meet me somewhere and have someone else serve them? Or do they have to be served when they're minding their own business and not tricked into it?
+SALO Best to ask a process server in NYC.
+Gerry Oginski Oh I thought someone who practices law in the state of NY would know. Thanks.
+SALO or The 120 Days of Sodom: I can't eat rice with my hands like this... Then eat Isht! You can call a process server and ask them if they will do it. They can meet you or you can mail the papers and payment to them
Anon Ymous i really wasnt asking for info that i would need to pay for.
Clay Bransom thanks. i went through all of this stuff already since first asking this question. horrible experience. never again. i also gave up. the process server i hired was incompetent. lacked communication. also does sloppy work. he mailed me a copy of an affidavit of due dilligence and a piece of the words were cut off, slanted on the paper. the judge tore my ass up for that. anyways i gave up. my son will never grow up knowing me. i'll never get to raise him and watch him grow up.
Can a process server identify themself as a constable when knocking at your door?
Don't know the answer to that question.
I was served at home by an in uniform off duty cop. So sleazy! I was sued as part of a medical malpractice suit by my MIL for the death of my father, who died in a bogus Tijuana Cancer Clinic that SHE dragged him to.
I have an issue. My divorce papers were given to my sister and not me. I was also sent a mail . But I have not been served because My sister did nt give the documents to me. The mail was sent to my previous address so i did not get it on time. Then a default divorce was granted to my ex what do I do
Muhamed Touray You need to reach out to a divorce attorney to answer that question. I only handle serious accident cases and medical malpractice cases here in New York. Good luck to you.
I do live in NY I live in Bronx NY. I filed @ the bronx supreme court. Thx
Question, what if she refuses to give you her address and the one you found online is an old address, will the server find her new address?
The short answer is 'it depends'. Lots of variables to answer in such a short question.
Can papers be served on sundays if not can I dismiss the case because of bad service (I live in Pennsylvania)
You'd have to ask an attorney in PA or a process server in PA.
Skip tracing is a tool that can be used to serve debtors. Its all a game. eventually....you will get served. It is always a matter of time. professionals are usually the ones that are good at hiding. Due diligence is a necessity of business now a days. Info...info....nice video!
Dale Ferdinand yeah. Catch me if u can. I never walk outside of my house. EVER! Lol
do they write the affidavit in front of you?
CASH ARROYO No. They prepare it and then mail it to us and file it with the court clerk.
Do your clients ever want to learn how their legal papers are delivered to the people they are suing?
#processserver #summons #complaint #lawsuit #newyork
The loophole is to not answer. Then it can’t be verified!
You might think so, however there are alternative means by which the process server can deliver papers.
Great Information.
Thanks William!
Best video I found on this
gi tc Thank you. I appreciate your kind words.
Thank you gi tc!
Will a process server call and let you know that they are scheduled to go to your house or your work on a certain date? Because I just received a voice voicemail stating that in 2 days from today which is the 11th... they will be serving me with certified documents.. pls help?? Thank you.
Michelle One Usually they will not. If they are having a difficult time tracking you down, they might do that to make sure you were home at a particular date and time.
can i serve legal papers small claims to a po box?
I don't know. I don't handle small claims matter. You'd need to speak to an attorney or a process server with experience in your area about that.
Then there are Scientology process servers who kick your door over and over again...
Never heard of a scientology process server :-)
They would have in return, a bullet in ass. Lmbo kicking in or on ppl’s doors! This world is insane. Be careful folks
Pretty sure without a court order and warrant (including judges signarture) you do not have to do anything.
Christopher Norseman When someone knocks at your door, you are under no obligation to open the door. It might be different if the police show up with a warrant or an order permitting a search. However this video addresses a process server trying to deliver lawsuit papers to you. That’s not applicable here.
this is perfect if you got out of high school and if you have a car to make 50-100 bucks for each document or case served
sammy R it’s also very dangerous! All money or easy money ain always good.
Little Miss Process Server! You have been served!💕
Indeed.
I had a man coming over to the place repeatedly. Where I'm from, you just don't answer the door to anyone you don't know. After the third time of that person coming over and not leaving his name, card, or phone number, I was able to catch him there as I got home from work. Turns out he was looking for me. The problem was, I didn't know him. People nowadays can simply kill you for whatever reasons and If don't know you and you're at my home, that automatically signals trouble. Denying it was me, I asked the gentleman questions as to who he was and what he was trying to accomplish but he wouldn't answer. At that point, I was really uncomfortable and ready to defend myself physically. (Remember this man wasn't giving up any information whatsoever) My question is, can process servers do that? Anyone here that dumb to admit it's you to someone you don't know?
ShyRage1 The reality is that you never know the lengths to which someone will go to serve legal papers.
@@NYMedicalMalpractice So what happens when you ask a person to leave and don't come back and they do? For me, it's taking them down. However, will the law be on my side? I mean, I did ask them nicely not to come back to MY property and they tested me by doing so. Remember, whom ever the person is, still hasn't stated their purpose, name, or company. ANyone would be uncomfortale.
ShyRage1 You could always call the police.
@@NYMedicalMalpractice I could, but honestly there wouldn't be any need to bother the police for a small matter like that. Besides, I can handle the situation, I just want to make sure I don't get in trouble for defending myself when asking a person to nolonger trespass and I have to escort them off the premises.
@@ShyRage1 If you post "No Trespassing" signs, and they trespass, they could be charged for criminal trespassing. But each state has different rules about how many signs need to be posted, etc.
door on video camera ... will not open or even answer if don't know you
john mine Makes perfect sense.
What if they never served you and they lie and say they did?
In NY, you then have a hearing called a 'traverse hearing' to determine what they did and whether they really served the person they were supposed to serve.
Thank you for the video. I recently had my case dismissed because they claimed my spouse was not served properly. I needed a court order to place an ad in the newspaper?? I did it without the order and presented to the court. At the time it was uncontested but the following month she had an attorney represent her. I was granted the annulment in Sept 2015 but it was vacated in May 2016. My question is if my spouse is hiding how can I serve her? She is accused of marriage fraud and is part of a network of immigration scammers in the Chicago area. Thank you
Thanks for your kind words. I only practice law in NY and only handle cases involving accidents, medical malpractice & wrongful death. You need to reach out to a family law attorney in Chicago to answer that question Doug.
*This dude's hilarious.*
Thank you.
So, what's the answer? Do you open the door or not? Do you want your clients to receive their court papers and notices of hearings? Or, do you just want to play the system to your benefit? I've been a process server, and also served papers while I was a Police Officer. I can't believe that you would give any advice that wasn't "beneficial" to your client, even if that meant dodging the service. That's why I was getting paid 8 times what the local Sheriff's department was for serving papers. For the most part, people know and expect the papers. It was very seldom that somebody's attorney told them to "play the game". My fees were charged by the hour after the first attempt. Those were added to the "court fees", which the losing party had to pay. It's always better to just take the paper and go to court to work out your squabble. But, if it weren't for attorneys like you, I wouldn't be retired now.
What happens if you never answer or are home? What does the officer then do?
jerro19711971 As a Police Officer I would simply return the paper back to the court as "unserved". In that case the presiding Judge could either dismiss the case, find in the other parties favor, or issue a warrant for the persons arrest. As a private process server, I never had an issue with this. I had more time to work on actually serving the individual. It was very rare that I had to return a paper "unserved". I had the advantage of showing up in plain clothes, on a motorcycle, and people never associated that with a "process server". People that dodged me at home got served at work, or at another location. All things considered, it's better to take the papers in my opinion. Deal with the issue now, instead of "playing the game". All you are doing is delaying the inevitable.
stowers157 Is it serious if a person sends an angry email to an ex with the words I wish you were dead in the letter? No real threat, just angry.
If you want to incur more costs to yourself and really piss off the judge, by all means, don't open your door. Attempting to evade service is stupid - just face the issue like a grown up.
Honestly, cops suck at serving papers. It's not their primary job and they'll usually knock and say "Sheriff. I'm here to serve a summons/subpoena/lien/etc. etc". The person won't answer and the papers are returned non est. Then the lawyer calls me because I'll get them served legally and correctly. I've had a lot of people try to dodge papers but I always get them served. If I can't serve at the residence after two tries, I go to their place of work. (In most states, an employer MUST produce the employee or the employer is guilty of obstruction of justice. (Due process is a requirement.) If the person is self-employed, I'll be half a block from their home - watching and waiting. Nobody can stay home forever and when he or she comes out, I'm there to serve. I'll bock their driveway. Pull in front of them on the street or chase them in a car until they HAVE to stop. I'll offer to read the papers after I put them on the windshield. They have to see the papers and I have to give a physical description. Rain, sleet, snow, or heat, those papers will be served. I guarantee it.
It's all good, man.
There is no escape.
After 3 serving attempts, all at different times, the server can tape those to the door. Best you can do is make him work more & lose money by avoiding the 3 attempts. He could've been serving someone else with those failed attempts.
Edit: Oh and the server documents everything. There is no way out.
You have a good point. If he can't get personal service then he has to 'nail and mail' here in New York. Put a copy attached to the last known address and then mail a copy to the last known address.
garry12777 no u can not jus leave it even after 10 attempts! Unless a court grants u the ability of alternative service. Otherwise ALL your time is wasted! Escaping accomplished! 😅
Please!!! You don't know what you talking about.
I am not my name.....what are you going to do now?
But what if all other indicators state that you are who you are?
Suggest you ADD your NAME to the VIDEO Title -
Thank you.
hey if partner give wrong address than what will do
You'd need to ask a process server that question.
Sorry he don't live here bye
Also another interesting point.
Sol rosenberg
If you ever need papers served in Dallas, get ahold of me please