N.Y. CPLR § 312-A

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 312-A Personal service by mail § 312-a. Personal service by mail. (a) Service. As an alternative tothe methods of personal service authorized by section 307, 308, 310, 311or 312 of this article, a summons and complaint, or summons and notice,or notice of petition and petition may be served by the plaintiff or anyother person by mailing to the person or entity to be served, by firstclass mail, postage prepaid, a copy of the summons and complaint, orsummons and notice or notice of petition and petition, together with twocopies of a statement of service by mail and acknowledgement of receiptin the form set forth in subdivision (d) of this section, with a returnenvelope, postage prepaid, addressed to the sender.(b) Completion of service and time to answer. 1. The defendant, anauthorized employee of the defendant, defendant's attorney or anemployee of the attorney must complete the acknowledgement of receiptand mail or deliver one copy of it within thirty (30) days from the dateof receipt. Service is complete on the date the signed acknowledgementof receipt is mailed or delivered to the sender. The signedacknowledgement of receipt shall constitute proof of service.2. Where a complaint or petition is served with the summons or noticeof petition, the defendant shall serve an answer within twenty (20) daysafter the date the signed acknowledgement of receipt is mailed ordelivered to the sender.(c) Affirmation. The acknowledgement of receipt of service shall besubscribed and affirmed as true under penalties of perjury and shallhave the same force and effect as an affidavit.(d) Form. The statement of service by mail and the acknowledgement ofreceipt of such service shall be in substantially the following form: Statement of Service by Mail and Acknowledgement t.(d) Form. The statement of service by mail and the acknowledgement ofreceipt of such service shall be in substantially the following form: Statement of Service by Mail and Acknowledgement of Receipt by Mail of Summons and Complaint or Summons and Notice or Notice of Petition and Petition A. STATEMENT OF SERVICE BY MAILTo: (Insert the name and address of the person or entity to be served.)The enclosed summons and complaint, or summons and notice, or notice ofpetition and petition (strike out inapplicable terms) are servedpursuant to section 312-a of the Civil Practice Law and Rules.To avoid being charged with the expense of service upon you, you mustsign, date and complete the acknowledgement part of this form and mailor deliver one copy of the completed form to the sender within thirty(30) days from the date you receive it. You should keep a copy for yourrecords or your attorney. If you wish to consult an attorney, you shoulddo so as soon as possible before the thirty (30) days expire.If you do not complete and return the form to the sender within thirty(30) days, you (or the party on whose behalf you are being served) willbe required to pay expenses incurred in serving the summons andcomplaint, or summons and notice, or notice of petition and petition inany other manner permitted by law, and the cost of such service aspermitted by law will be entered as a judgment against you.If you have received a complaint or petition with this statement, thereturn of this statement and acknowledgement does not relieve you of thenecessity to answer the complaint or petition. The time to answerexpires twenty (20) days after the day you mail or deliver this form tothe sender. If you wish to consult with an attorney, you should do so assoon as possible before the twenty (20) days expire.If you are served on behalf of a corporation, unincorporatedassociation, partnership or other entity, you m n attorney, you should do so assoon as possible before the twenty (20) days expire.If you are served on behalf of a corporation, unincorporatedassociation, partnership or other entity, you must indicate under yoursignature your relationship to the entity. If you are served on behalfof another person and you are authorized to receive process, you mustindicate under your signature your authority.It is a crime to forge a signature or to make a false entry on thisstatement or on the acknowledgement. B. ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT OR SUMMONS AND NOTICE OR NOTICE OF PETITION AND PETITIONI received a summons and complaint, or summons and notice, or noticeof petition and petition (strike out inapplicable terms) in theabove-captioned matter at (insert address).PLEASE CHECK ONE OF THE FOLLOWING;IF 2 IS CHECKED, COMPLETE AS INDICATED: --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only 1. / / I am not in military service. 2. / / I am in military service, and my rank and branch of serviceare as follows:Rank:___________________________________Branch of Service:______________________ TO BE COMPLETED REGARDLESS OF MILITARY STATUS:Date:_____________________________________________ (Date this Acknowledgement is executed) I affirm the above as true under penalty of perjury. __________________________________ Signature __________________________________ Print name __________________________________ Name of Defendant for which acting __________________________________ Position with Defendant for which acting (i.e., officer, attorney, etc.) PLEASE COMPLETE ALL BLANKS INCLUDING DATES(e) Subsequent service. Where a duly executed acknowledgement is notreturned, upon the subsequent service of process in another mannerpermitted by law, the summons or notice of petition or paper served withthe summons or notice of uted acknowledgement is notreturned, upon the subsequent service of process in another mannerpermitted by law, the summons or notice of petition or paper served withthe summons or notice of petition shall indicate that an attemptpreviously was made to effect service pursuant to this section.(f) Disbursements. Where the signed acknowledgement of receipt is notreturned within thirty (30) days after receipt of the documents mailedpursuant to subdivision (a) of this section, the reasonable expense ofserving process by an alternative method shall be taxed by the court onnotice pursuant to section 8402 of this chapter as a disbursement to theparty serving process, and the court shall direct immediate judgment inthat amount. CPLR § 312-A Page 2