If we are unable to serve the defendant after three attempts, we will proceed with a service commonly known as "nail and mail" on our fourth and final attempt. This involves posting the documents to the defendant’s door and mailing a copy to the same address.

 

Certain case types do not permit nail and mail service under New York law, such as divorce actions, surrogate’s court matters, and some family court proceedings. In those situations, we will contact you to discuss next steps.

 

Options may include:

  • Continuing attempts at the same address
  • Performing a skip trace to locate a new address
  • Attempting service at an alternate location

Additional fees apply for these services.

 

If needed, we can also provide an Affirmation of Due Diligence, which can support a motion to the court for alternative service methods. The court would determine the acceptable method of alternative service.

 

Our goal is always to ensure that your case proceeds with legally valid and court-compliant service.


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