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MyBronxProcessServer Blog | Real process Server Insights
MyBronxProcessServer Blog － Updates on Serving Court papers
Steve Explains－ The 14 Day Rent Demand for a Non-Payment Proceeding (Article 1)(2025)
A non-payment case in NYC Housing Court starts with a written 14-day rent demand. If the tenant pays within the 14 days, there’s no court case. If not, the demand becomes your predicate to file.
When you must use it
Use the 14-day written demand when your goal is rent (a nonpayment case). If your goal is possession for other reasons (end of lease, breach, licensee/squatter), you’re in holdover territory and different notices apply.
Timing & delivery
(1) Serve the demand at least 14 days before you start the case.
(2) Deliver it the right way (service methods appear below under “Service that sticks”).
(3) Keep copies and mailing proofs. (For detailed info－see our Full NYC Housing Court Guide 2025)
What the demand should say
Who: full names of all adult tenants (use exact spellings; unknowns can be handled later in the court papers if needed).
Where: the premises address, including apartment/floor.
What is owed: itemize the months and amounts of rent due.
Additional rent: only list items your lease allows as “additional rent” (e.g., specific taxes or charges).
Payment or surrender: make clear that the tenant must pay within 14 days or surrender possession.
Proof you’ll want ready:
(1) A copy of the demand you served.
(2) Affidavit of service of the demand (if available).
(3) Certificates/receipts for any mailings.
Next step if there’s no payment:
Prepare and file your Notice of Petition (Nonpayment) and Petition (Nonpayment) in the Housing Court for the county where the premises are located. The clerk keeps the Petition and returns the Notice of Petition stamped with the index number. After filing, the court papers must be served properly (see below) and the Affidavit(s) of Service returned to the Clerk within 3 days of the mailing or personal service.
Disclaimer: This page summarizes court procedures and is not legal advice.
14 Day Notice
Updated July 29, 2025 · 4 min read
Steve Explains－ "Service That Sticks" in NYC Housing Court *RPAPL 735 (Article 2) (2025)
Improper service is one of the most common reasons a case gets delayed or dismissed. Here are the basics that apply to rent demands, holdover predicate notices, and the Notice of Petition & Petition.
Who can serve
Not you (the landlord/owner).
A licensed process server, or a non-party adult (18+), who serves no more than five papers per year.
When you can serve
(1) No Sundays. (For detailed info－see our Full NYC Housing Court Guide 2025)
(2) Service between 6:00 a.m. and 10:00 p.m.
(3) Avoid known religious observance times when you know the tenant is observant.
The three methods
(1) Personal delivery: hand the papers directly to the tenant, anywhere.
(2) Substituted service: hand the papers to a responsible person who lives or works in the home (not a passerby, neighbor, or doorman). Then mail copies the right way (next section).
(3) Conspicuous service (nail & mail): after two attempts at different times fail (e.g., work hours and non-work hours), affix/leave papers at the door. Then mail copies the right way.
The mailings (after substituted or conspicuous)
Mail two copies by the next business day:
(1) one by first-class mail, and
(2) one by certified or registered mail.
Each adult named must get their own set, including both mailings.
If certified mail isn’t picked up: service still counts so long as you did everything else correctly. Save your proofs of mailing.
Affidavit(s) of Service
(1) The server must sign a notarized Affidavit of Service describing how service was made.
(2) For Notice of Petition & Petition, return the Affidavit(s) to the Clerk within 3 days of mailing or personal delivery.
If service is challenged, the court can hold a traverse hearing, where the server testifies and the Judge decides whether service was proper.
Disclaimer: This page summarizes court procedures and is not legal advice.
"Service That Sticks"
Updated July 29, 2025 · 4 min read
Steve Explains－Holdover Timing Inside NYC: The 10-17 Day Window Rule (Article 3) (2025)
Holdover Timing Inside NYC: The 10–17 Day Window Rule (Article 3) (2025)
In holdover cases inside NYC, your service must land the court date in a very specific window. Miss it, and you may have to start over.
The Window Rule
The hearing date on your Notice of Petition (Holdover) must be not less than ten (10) and not more than seventeen (17) calendar days from service.
That means you have a 7-day window to serve: no fewer than 10 days before court, no more than 17 days.
How to Hit the Window
At filing, the Landlord-Tenant Clerk gives you the courtroom and time; you fill in the date.
Plan your service timing so the court date you choose is 10–17 calendar days from when service will be complete (including next-day mailings if you use substituted or conspicuous service).
Service methods are the same: personal, substituted + mail, or conspicuous (after two attempts) + mail.
After Service
Return the original Notice of Petition and Affidavit(s) of Service to the Clerk within 3 days of mailing or personal delivery.
(For detailed info – see our Full NYC Housing Court Guide 2025)
Provide stamped postcards so the court can notify the tenant that the case has started.
Common Pitfalls
Choosing a court date without planning service, then missing the 10–17 day window.
Forgetting the required next-day dual mailings when service is substituted or conspicuous.
Not filing the Affidavit(s) of Service within 3 days.
Disclaimer: This page summarizes court procedures and is not legal advice.
The 10–17 Day Rule
Updated July 29, 2025 · 4 min read
Steve Explains－Licensee vs. Squatter in NYC: Which 10-Day Notice to Quit Do You Need? (Article 4) (2025)
When someone is in possession but isn’t your tenant, you may be dealing with a licensee or a squatter. The right predicate is a 10-day Notice to Quit — but first identify which situation you have.
Who is a licensee?
Someone who was allowed to stay by a tenant (or by you) without becoming a tenant, often without paying rent. Example: a guest or partner who stayed on.
Who is a squatter?
Someone who entered without permission and never paid rent.
The 10-day Notice to Quit
Use it to tell the occupant to vacate within 10 days and state why (licensee or squatter).
If they do not vacate by the deadline, start a holdover case.
Service and proof
(1) Serve the Notice to Quit the right way (see “Service that sticks” - Article 2).
(2) Keep copies, mailing receipts, and prepare an Affidavit of Service for court.
(For detailed info－see our Full NYC Housing Court Guide 2025)
Next steps
(1) Prepare your Notice of Petition (Holdover) and Petition (Holdover).
(2) File for an index number and choose your court date with the clerk.
(3) Serve so the date falls 10-17 calendar days (see article 3) from service (inside NYC).
(4) After service, return the Affidavit(s) of Service to the Clerk within 3 days and provide stamped postcards.
Disclaimer: This page summarizes court procedures and is not legal advice.
Licensee vs Squatter
Updated July 29, 2025 · 4 min read
Steve Explains－Inside the Resolution Part: Your First Court Date. (Article 5) (2025)
Most cases do not go to trial on day one. Expect to start in the Resolution Part, where the court works to see if the case can be settled.
Check-in and the calendar call
(1) Arrive early; you’ll pass through security.
(2) Check in with the Clerk at the front.
(3) Ask for an interpreter or time if you need it.
(4) Take a seat and wait for the calendar call; answer “landlord” when your case is called.
What to bring
(1) Lease and renewals
(2) Rent ledgers/records
(3) Deed. (For detailed info－see our Full NYC Housing Court Guide 2025)
(4) Multiple-Dwelling Registration (if applicable)
(5) Notices & Affidavits of Service
(6) Repair logs, photos (dated), bills/receipts
How the day often goes
You may speak with the Court Attorney or the Judge.
If the tenant seeks time for counsel or documents, the case can be adjourned.
If the tenant owes rent and asks for a second adjournment, or if the case has been in court more than 30 days, you can ask the Judge to require a deposit of money in court.
If repairs are raised, the court may order an inspection; serious conditions can result in a rent abatement.
Stipulations that stick
(1) Put settlements in a written Stipulation of Settlement.
(2) Be precise: payment dates/amounts; repairs and access dates; consequences if either side defaults.
(3) If the Stip includes a judgment, the tenant’s default may allow eviction without another hearing; without a judgment, follow the Stip’s steps for enforcing a default (e.g., notice or return to court).
If you don’t settle
The case goes to a Trial Part. An Expediter will assign when everyone is ready.
Disclaimer: This page summarizes court procedures and is not legal advice.
Inside the Resolution
Updated July 29, 2025 · 4 min read
Steve Explains－After Judgement in NYC Housing Court: From Warrant to Eviction. (Article 6) (2025)
Winning a judgment isn’t the end—you still have steps to complete, and only certain officials can carry them out.
Warrant of eviction
Once you have a judgment (by default, stipulation, or trial), you may request a warrant of eviction if the tenant has not complied (e.g., not paid or not moved).
Marshal or Sheriff only
(1) Only a City Marshal or the Sheriff can execute a residential eviction.
(2) You cannot change locks yourself for someone who has been in possession 30+ days.
(3) You must pay the Marshal or Sheriff; contact information for Marshals is maintained by the City.
Notice of Eviction
Before execution, the Marshal serves a Notice of Eviction advising the tenant that an eviction will occur. Actual timing of the physical eviction depends on the Marshal’s schedule and any court orders.
Can the tenant stop the eviction?
Yes. A tenant may seek a stay by getting an Order to Show Cause. If a Judge signs a stay, the eviction pauses until the court date on that order. Be ready to appear with your documents and payment history.
Special situations
If you know an occupant is elderly, disabled, or unable to care for themselves, notify the Marshal before the eviction; Adult Protective Services may need to be contacted first.
After payment
If the tenant pays the full amount after judgment (within any time allowed), file a Satisfaction of Judgment and close the case. (For detailed info－see our Full NYC Housing Court Guide 2025)
Disclaimer: This page summarizes court procedures and is not legal advice.
From Warrant to Eviction
Updated July 29, 2025 · 4 min read
Steve Explains－Filing a Custody Petition in NYC Family Court (Article 7) (2025)
A custody petition is how you officially ask the Family Court to decide who will have legal or physical custody of a child. Custody cases are common in New York City Family Courts, and the process begins with filing the right paperwork.
Who can file
(1) A parent (mother or father)
(2) A legal guardian
(3) A relative or other person with a strong relationship to the child, if circumstances allow
Where to file
You must file in the Family Court located in the county where the child lives. In NYC, that means the Family Court in Bronx, Brooklyn, Manhattan, Queens, or Staten Island. *For detailed information－see our NYC Family Court Guide
The petition form
The custody petition form requires you to state:
(1) The child’s name, age, and current residence
(2) Your relationship to the child
(3) Why you are seeking custody (for example: child’s best interest, stability, safety concerns)
(4) Any existing court orders involving the child
Filing and issuance
Once completed, the petition is filed with the Family Court Clerk’s Office. The court will assign a docket number and issue a summons with a court date.
Serving the papers
After filing, the petition and summons must be formally served on the other parent or guardian. This step is critical: if service is not done correctly, the case cannot move forward.
(1) In New York City, service is usually handled by a licensed process server, who ensures the papers are delivered in a way the court will accept.
(2) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(3) Personal delivery (“handing the papers directly”) is the gold standard for service.
(4) If direct service isn’t possible, the court may allow alternate service, such as leaving the papers with a responsible adult at the residence and mailing a copy.
(5) The process server prepares an Affidavit of Service proving when, where, and how the papers were delivered. This affidavit is brought to the court appearance
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
What happens next
The first court appearance is usually before a judge or support magistrate. The court may order an investigation by probation or a social services agency, appoint a lawyer for the child, or schedule a hearing to review evidence.
Disclaimer: This page summarizes court procedures and is not legal advice.
Filing Family Court Petition
Updated July 29, 2025 · 4 min read
Steve Explains－Filing a Child Support Petition in NYC Family Court (Article 8) (2025)
A Child Support Petition is how you formally ask the court to establish, enforce, or modify child support payments. In New York City, these petitions are filed and heard in Family Court, not in Supreme Court or Housing Court.
Who can file
(1) A parent who has custody of the child
(2) The parent who pays support, if asking to change an order
(3) A child’s guardian or caretaker
(4) The Department of Social Services, if the child receives public assistance
Where to file
You must file in the Family Court for the borough where the child lives: Bronx, Brooklyn, Manhattan, Queens, or Staten Island. *For detailed information－see our NYC Family Court Guide
The petition form
The child support petition requires:
(1) The names and addresses of both parents (or guardians)
(2) The child’s name, age, and date of birth
(3) The income and employment information of both parents, if known
(4) Whether there is already an existing child support order, and if so, where it was issued
(5) A request for what you want (new support order, enforcement, or modification)
Filing and issuance
The petition is filed with the Family Court Clerk’s Office. Once accepted, the court issues a summons with the first court date.
Serving the papers
(1) The petition and summons must be formally served on the other parent. Without proper service, the case cannot proceed.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in a way that the Family Court will accept.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery is the gold standard of service. If that fails, the court may allow substituted service, such as delivery to another adult at the residence and mailing.
(5) The process server prepares an Affidavit of Service, which proves the papers were delivered properly. This affidavit is brought to the court appearance
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
What happens next
At the first appearance, a Support Magistrate reviews the petition. The court may require both parents to provide financial disclosure. Temporary support orders may be issued. A final hearing determines the ongoing child support amount, based on the Child Support Standards Act (CSSA).
Disclaimer: This page summarizes court procedures and is not legal advice.
Filing Family Child Support Petition
Updated July 29, 2025 · 4 min read
Steve Explains－Filing a Visitation Petition in NYC Family Court (Article 9) (2025)
A Visitation Petition (sometimes called a parenting time petition) is how you ask Family Court to establish or enforce time with a child. This is common when parents are separated, divorced, or never lived together, and one parent is being denied access.
Who can file
(1) A parent who does not have custody but wants regular visitation
(2) A parent with custody asking the court to set clear visitation terms
(3) In some cases, grandparents or relatives who have an established relationship with the child
Where to file
Visitation petitions must be filed in the Family Court of the borough where the child lives: Bronx, Brooklyn, Manhattan, Queens, or Staten Island. *For detailed information－see our NYC Family Court Guide
The petition form
The visitation petition asks you to provide:
(1) The child’s name, age, and current residence
(2) Your relationship to the child
(3) Why you are seeking visitation (for example: being denied time, needing a set schedule)
(4) Any prior court orders about custody or visitation
Filing and issuance
The petition is filed with the Family Court Clerk’s Office. The court assigns a docket number and issues a summons with the first court date.
Serving the papers
(1) The petition and summons must be formally served on the other parent or guardian. Without proper service, the case cannot proceed.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in a way that the Family Court will accept.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery (“handing the papers directly”) is the gold standard for service.
If direct service isn’t possible, the court may allow substituted service, such as delivery to another adult at the residence and mailing.
(5) The process server prepares an Affidavit of Service, which proves the papers were delivered properly. This affidavit is brought to the court appearance..
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
What happens next
The court may encourage both parents to agree on a visitation schedule. If no agreement is reached, the judge or support magistrate will hold a hearing. In some cases, a lawyer for the child (Attorney for the Child) may be appointed to represent the child’s interests
Disclaimer: This page summarizes court procedures and is not legal advice.
Filing Family Court Visitation Petition
Updated July 29, 2025 · 4 min read
Steve Explains－Filing for an Order of Protection in NYC Family Court (Article 10) (2025)
An Order of Protection is a court order designed to help keep someone safe by limiting or stopping contact from another person. In Family Court, these orders apply to people who are related, married, divorced, have a child in common, or are in an intimate relationship.
Who can file
(1) A spouse or former spouse
(2) Someone with a child in common
(3) A parent filing on behalf of a child
(4) A family member or person in an intimate relationship with the respondent
Where to file
Orders of Protection are filed in the Family Court of the borough where you live, or where the incident occurred: Bronx, Brooklyn, Manhattan, Queens, or Staten Island.
The petition form. *For detailed information－see our NYC Family Court Guide
The petition requires:
(1) Your name and relationship to the respondent
(2) A description of the incidents (threats, harassment, physical violence, stalking, intimidation)
(3) The type of protection you are asking for (stay-away, no contact, limited contact, custody protections, etc.)
Filing and issuance
The petition is filed with the Family Court Clerk’s Office. If immediate protection is needed, the judge can issue a Temporary Order of Protection the same day, lasting until the first scheduled hearing.
Serving the papers
(1) The petition, summons, and any Temporary Order of Protection must be formally served on the respondent. Without proof of service, the Order cannot be enforced.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in a way the Family Court will accept.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery (“handing the papers directly”) is the gold standard for service.
If direct service isn’t possible, the court may allow substituted service, such as delivery to another adult at the residence and mailing.
(5) The process server prepares an Affidavit of Service, which proves the papers were delivered properly. This affidavit is brought to the court appearance.
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
What happens next
At the first hearing, the judge reviews the petition and may extend the temporary order. If the case proceeds, both sides can present evidence and testimony. If granted, a final Order of Protection can last up to two years (or five years if there are aggravating circumstances).
Disclaimer: This page summarizes court procedures and is not legal advice.
Filing for an Order of Protection-Family Court
Updated July 29, 2025 · 4 min read
Steve Explains－Filing for a Paternity Petition in NYC Family Court (Article 11) (2025)
A Paternity Petition asks the Family Court to legally establish who the father of a child is. This can affect custody, visitation, and child support rights. For many parents, it’s the first step before the court can make any orders about support or parenting time.
Who can file
(1) A mother seeking to establish legal fatherhood
(2) A man who believes he is the father
(3) A child’s legal guardian
(4) The Department of Social Services if the child receives public assistance
Where to file. *For detailed information－see our NYC Family Court Guide
Paternity petitions must be filed in the Family Court of the borough where the child lives: Bronx, Brooklyn, Manhattan, Queens, or Staten Island.
The petition form
The petition must include:
(1) The child’s name, date of birth, and residence
(2) The name of the alleged father
(3) Whether the alleged father has signed an Acknowledgment of Paternity
(4) Any existing orders involving the child
(5) A request for DNA testing, if paternity is disputed
Filing and issuance
The petition is filed with the Family Court Clerk’s Office. The court assigns a docket number and issues a summons directing the alleged father to appear.
Serving the papers
(1) The petition and summons must be formally served on the alleged father. Without proper service, the case cannot go forward.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in a way the Family Court will accept.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery (“handing the papers directly”) is the gold standard for service.
If direct service isn’t possible, the court may allow substituted service, such as delivery to another adult at the residence and mailing.
(5) The process server prepares an Affidavit of Service, which proves the papers were delivered properly. This affidavit is brought to the court appearance.
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
What happens next
If paternity is not admitted, the court may order DNA testing. If paternity is established, the court can then proceed to custody, visitation, or child support cases.
Disclaimer: This page summarizes court procedures and is not legal advice.
Filing a Paternity Petition-Family Court
Updated July 29, 2025 · 4 min read
Steve Explains－Why Professional Process Servers Matter in NYC Courts (Article 12) (2025)
When it comes to serving NYC Court papers, doing it right is not optional. If service is improper, the court can throw out your case — no matter how strong your facts are. That’s why New York City requires professional process servers to go through one of the most rigorous vetting systems in the country.
The licensing test: over 70% fail
Becoming a process server in NYC isn’t easy. The Department of Consumer and Worker Protection (formerly DCA) requires applicants to pass a detailed written exam. Over 70% of first-time test takers fail. The test covers every major rule for serving legal papers in:
(1) Family Court
(2) Housing Court
(3) Civil Court
(4) Supreme Court
This ensures that licensed process servers know the Civil Practice Law and Rules (CPLR), the NYC Civil Court Act, and Family Court service statutes before they ever handle a real case.
DCA compliance, license, and bonding
Licensed process servers must:
(1) Register with the city and obtain a DCA license
(2) Maintain a surety bond as financial protection
(3) Follow strict compliance rules, including record-keeping of every service attempt
(4) Failure to comply can result in fines, suspension, or loss of license.
More than delivery: experience matters
Professional service isn’t just about handing someone a paper. It’s about:
(1) Knowing the statutes and court rules that govern service
(2) Preparing affidavits that match exact court specifications
(3) Ensuring affidavits are error-free and typo-free
(4) Understanding when a court requires an affidavit rather than an affirmation — courts prefer the former because it is sworn under oath
(5) An experienced process server brings practical knowledge of how different judges, clerks, and borough courts operate. That knowledge is invaluable when deadlines and technicalities can make or break a case.
Why not use a “friend”?
Some people think anyone over 18 can serve papers. In theory, that’s true for certain cases — but in practice, courts scrutinize affidavits closely. A poorly drafted affidavit or an error in service can sink the entire proceeding. A licensed professional:
(1) Knows how to execute service in strict compliance with the law
(2) Understands the language and formatting the court requires
(3) Provides reliability and credibility that the court trusts
When your case depends on proper service, the difference between a professional and an amateur can decide the outcome.
Disclaimer: This page summarizes court procedures and is not legal advice.
Why professional Process Servers Matter in NYC Courts
Updated July 29, 2025 · 4 min read
Steve Explains－Starting a Case: Summons And Complaint in NYC Court (Article 13) (2025)
A Civil Court Summons and Complaint is how most lawsuits begin in NYC Civil Court. The Complaint lays out what you are asking for (money or another type of relief), and the Summons commands the defendant to appear in court and respond.
What types of cases qualify for Civil Court
(1) Cases for money damages up to $50,000
(2) Cases involving breach of contract, unpaid loans, or property damage
(3) Certain landlord-tenant matters (though Housing Court is separate)
(4) Other civil disputes that don’t belong in Supreme Court
The Summons and Complaint. *For detailed information－see our NYC Civil Court Guide
Summons: tells the defendant they are being sued and must appear
Complaint: lists the facts, claims, and the exact relief you are asking the court for
Both documents must be clear, factual, and properly formatted according to the Civil Practice Law and Rules (CPLR).
Filing the papers
To begin the case, you:
(1) File the Summons and Complaint with the Civil Court Clerk in the county where the dispute arose or where the defendant resides.
(2) Pay the required filing fee (varies based on the amount of damages sought).
(3) Receive an index number — the official number for your case.
Serving the papers
(1) After filing, the Summons and Complaint must be formally served on the defendant. Without proper service, the case cannot proceed.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in a way that the court will accept.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery (“handing the papers directly”) is the gold standard for service.
If personal service isn’t possible, the CPLR allows substituted or conspicuous service (such as “nail and mail”), but only under strict conditions.
(5) The process server prepares an Affidavit of Service, which proves the papers were delivered properly. This affidavit must be filed with the court.
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
What happens next
Once the defendant is served, they must file an Answer with the court, usually within 20 or 30 days depending on the method of service. If no Answer is filed, the plaintiff can seek a default judgment.
Disclaimer: This page summarizes court procedures and is not legal advice.
Starting a Case-Civil Court
Updated July 29, 2025 · 4 min read
Steve Explains－Starting a Case: Summons And Complaint in NYC Court (Article 14) (2025)
A Civil Court Summons and Complaint is how most lawsuits begin in NYC Civil Court. The Complaint lays out what you are asking for (money or another type of relief), and the Summons commands the defendant to appear in court and respond.
What types of cases qualify for Civil Court
(1) Cases for money damages up to $50,000
(2) Cases involving breach of contract, unpaid loans, or property damage
(3) Certain landlord-tenant matters (though Housing Court is separate)
(4) If your claim is for $10,000 or less, you may choose Small Claims Court instead
The Summons and Complaint. *For detailed information－see our NYC Civil Court Guide
Summons: tells the defendant they are being sued and must appear
Complaint: lists the facts, claims, and the exact relief you are asking the court for
Both documents must be clear, factual, and properly formatted according to the Civil Practice Law and Rules (CPLR).
Filing the papers
To begin the case, you:
(1) File the Summons and Complaint with the Civil Court Clerk in the county where the dispute arose or where the defendant resides.
(2) Pay the required filing fee (varies based on the amount of damages sought).
(3) Receive an index number — the official number for your case.
Serving the papers
(1) After filing, the Summons and Complaint must be formally served on the defendant. Without proper service, the case cannot proceed.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in a way that the court will accept.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery (“handing the papers directly”) is the gold standard for service.
If personal service isn’t possible, the CPLR allows substituted or conspicuous service (such as “nail and mail”), but only under strict conditions.
(5) The process server prepares an Affidavit of Service, which proves the papers were delivered properly. This affidavit must be filed with the court.
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
What happens next
Once the defendant is served, they must file an Answer with the court, usually within 20 or 30 days depending on the method of service. If no Answer is filed, the plaintiff can seek a default judgment.
Disclaimer: This page summarizes court procedures and is not legal advice.
Starting a Case-Civil Court
Updated July 29, 2025 · 4 min read
Steve Explains－How to File a Case in NYC Small Claims Court (Article 15) (2025)
Small Claims Court is designed to be simple and accessible. It’s the court most New Yorkers turn to when the amount of money in dispute is $10,000 or less.
Step 1: Make sure Small Claims Court is the right place
(1) Use Small Claims Court for money disputes up to $10,000.
Examples: unpaid rent, damaged property, unpaid loans, unreturned deposits, or minor consumer disputes.
Small Claims Court cannot order repairs, custody, or injunctions — only money judgments.
Step 2: File your claim
(1) Go to the Small Claims Clerk’s Office at your local Civil Court.
(2) Fill out the Statement of Claim form. This tells the court who you are suing, where they live or do business, and how much money you are seeking.
(3) Pay the filing fee (varies depending on the amount of your claim).
The court gives you a hearing date. *For detailed information－see our NYC Civil Court Guide
Step 3: Serving the defendant
(1) Unlike Civil Court, Small Claims Court has the Clerk arrange service of the Notice of Claim by mail. But this only works if the address you provide is correct and the mail is accepted.
(2) If mail service fails, you may need a licensed process server to complete service. This ensures:
Papers are delivered properly and on time.
(3) An Affidavit of Service is filed so the case can go forward.
Personal delivery (“handing the papers directly”) is the gold standard if the Clerk’s mailing does not work.
The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, Civil Court, and Small Claims Court.
Step 4: What happens in court
On the hearing date, both sides appear before a judge or arbitrator.
Each side tells their story briefly and shows documents or evidence (contracts, receipts, photos).
The court issues a judgment the same day or mails a decision shortly after.
Step 5: Collecting a judgment
Winning is only the first step. If the defendant doesn’t pay voluntarily, you may need to enforce the judgment through a marshal or sheriff. This can include wage garnishment, bank levies, or liens. Proper affidavits of service at the start are essential for enforcement later.
Disclaimer: This page summarizes court procedures and is not legal advice.
File in Small Claims Court
Updated July 29, 2025 · 4 min read
Steve Explains－How Do I Sue My Landlord in NYC Civil Court (Article 16) (2025)
Most landlord-tenant issues are handled in Housing Court, but certain claims can be filed in Civil Court instead. Civil Court is where you sue your landlord for money damages up to $50,000 — not for eviction or repairs.
Step 1: Make sure Civil Court is the right place
Civil Court can be used against a landlord when you are seeking money only. Examples include:
(1) Suing for the return of your security deposit
(2) Suing for property damage (for example, water leaks or mold that ruined belongings)
(3) Suing for overcharges or illegal fees
(4) Suing for harassment damages, if you can prove actual losses
If you want repairs or to stop an eviction, that belongs in Housing Court — not Civil Court.
Step 2: Prepare your Summons and Complaint
Summons: notifies your landlord that they are being sued and must respond.
Complaint: explains what happened, how the landlord caused you damages, and the exact dollar amount you are seeking.
Be specific — list dates, amounts, and events clearly. Attach receipts, photos, or letters if they support your claim. *For detailed information－see our NYC Civil Court Guide
Step 3: File with the Civil Court Clerk
(1) File your Summons and Complaint at the Civil Court in the borough where the building is located or where the landlord’s business address is.
(2) Pay the filing fee (based on the dollar amount of your claim).
The clerk gives you an index number, which is the official case number.
Step 4: Serving the landlord
(1) After filing, you must serve the landlord with the Summons and Complaint. Without proper service, your case cannot move forward.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in compliance with the law.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery (“handing the papers directly”) is the gold standard for service.
If personal service isn’t possible, the CPLR allows substituted or conspicuous service (“nail and mail”), but only under strict conditions.
(5) The process server prepares an Affidavit of Service, which proves when and how the papers were delivered. This affidavit must be filed with the court.
The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
Step 5: What happens next
The landlord must file an Answer within 20 or 30 days, depending on how they were served.
If the landlord doesn’t answer, you can request a default judgment.
If they do answer, the court will schedule a hearing date where both sides present evidence.
Disclaimer: This page summarizes court procedures and is not legal advice.
Sue Your Landlord in NYC Civil Court
Updated July 29, 2025 · 4 min read
Steve Explains－How Do I Bring a Civil Case Against a Car Dealership in NYC? (Article 17) (2025)
Car dealerships in New York City are frequent defendants in Civil Court. Consumers often file cases when dealerships fail to deliver on promises, sell defective cars, or refuse refunds.
Civil Court can handle cases for money damages up to $50,000.
Step 1: Make sure Civil Court is the right place
Civil Court is the proper venue when:
(1) The dealership sold you a defective or misrepresented vehicle
(2) Repairs promised in writing were never made
(3) You were charged illegal or hidden fees
(4) The dealership refused to return a down payment or security deposit
If your claim is $10,000 or less, you can also consider Small Claims Court, which is simpler and faster.
Step 2: Prepare your Summons and Complaint
Summons: tells the dealership you are suing and must respond.
Complaint: explains what happened, why the dealership is at fault, and the exact dollar amount you want.
(1) Be specific: list dates of purchase, contracts, warranties, and all payments made.
(2) Attach receipts, contracts, emails, or text messages as proof.
Step 3: File with the Civil Court Clerk
(1) File the Summons and Complaint at the Civil Court in the county where the dealership is located or does business.
(2) Pay the required filing fee. *For detailed information－see our NYC Civil Court Guide
(3) The clerk gives you an index number, which identifies your case.
Step 4: Serving the dealership
(1) After filing, you must serve the dealership with the Summons and Complaint.
Because dealerships are often corporations or LLCs, service must follow strict rules under the CPLR. This is why most plaintiffs hire a licensed process server.
(2) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(3) Personal delivery to the business or its registered agent is the gold standard for service.
If that fails, substituted or conspicuous service may be allowed, but only under strict conditions.
(4) The process server prepares an Affidavit of Service, which proves when and how the papers were delivered. This affidavit must be filed with the court.
(5) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
Step 5: What happens next
The dealership has 20 or 30 days to file an Answer, depending on how they were served.
If they fail to respond, you may request a default judgment.
If they respond, the court will schedule a hearing or trial. Be prepared with all your contracts, receipts, and communications.
Disclaimer: This page summarizes court procedures and is not legal advice.
Bring Lawsuit Against Car Dealership
Updated July 29, 2025 · 4 min read
Steve Explains－How to Sue a Contractor in NYC Civil Court (Article 18) (2025)
Contractors are one of the most common defendants in NYC Civil Court. Cases usually involve work that was never finished, poor workmanship, or money that was taken without the job being completed. Civil Court is where you can sue for money damages up to $50,000.
Step 1: Make sure Civil Court is the right place
Civil Court is the right place when you are asking for money damages, not repairs or performance of the contract.
Examples include:
(1) Unfinished renovations
(2) Poor or unsafe construction work
(3) Charging for materials never purchased
(4) Refusing to return deposits
(5) If the amount is $10,000 or less, you may want to consider Small Claims Court instead.
Step 2: Prepare your Summons and Complaint
Summons: tells the contractor they are being sued and must respond.
Complaint: explains what happened, how the contractor breached the agreement, and the exact damages you are seeking.
(1) Be detailed: include dates, contracts, invoices, receipts, and photos of the work.
Step 3: File with the Civil Court Clerk
(1) File your Summons and Complaint at the Civil Court in the borough where the work was done or where the contractor’s business is located.
(2) Pay the filing fee, and the clerk will give you an index number for your case.
Step 4: Serving the contractor *For detailed information－see our NYC Civil Court Guide
(1) After filing, the Summons and Complaint must be formally served on the contractor. Without proper service, your case cannot move forward.
(2) Service is usually handled by a licensed process server, who ensures the papers are delivered in compliance with the law.
(3) Papers cannot be served by you — they must be served by someone 18 or older who is not a party to the case, typically a professional process server.
(4) Personal delivery (“handing the papers directly”) is the gold standard for service.
If personal service isn’t possible, the CPLR allows substituted or conspicuous service, but only under strict conditions.
(5) The process server prepares an Affidavit of Service, proving when and how the papers were delivered. This affidavit must be filed with the court.
(6) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
Step 5: What happens next
(1) The contractor has 20 or 30 days to file an Answer, depending on how they were served.
(2) If no Answer is filed, you may request a default judgment.
(3) If the contractor does answer, the court will schedule a date for both sides to present evidence, including contracts, receipts, and testimony.
Disclaimer: This page summarizes court procedures and is not legal advice.
Bring Lawsuit Against a Contractor
Updated July 29, 2025 · 4 min read
Steve Explains－How Do I Bring a Mechanics Lien in NYC Civil Court? (Article 19) (2025)
A mechanic’s lien is a legal claim against real property to secure payment for labor or materials provided on a project. In New York City, liens are governed by the Lien Law, and enforcing them often involves Civil Court or Supreme Court, depending on the amount at stake.
Step 1: Understand what a mechanic’s lien does
(1) It gives you a legal interest in the property until you are paid.
(2) It can stop the property owner from selling or refinancing without addressing the debt.
(3) It forces payment disputes into the court system.
Step 2: Who can file a lien
(1) General contractors
(2) Subcontractors
(3) Laborers
(4) Material suppliers *For detailed information－see our NYC Civil Court Guide
(5) Each must show they provided labor or materials for improvements on real property in NYC.
Step 3: Filing the lien
(1) In NYC, a mechanic’s lien is filed with the County Clerk’s Office in the borough where the property is located.
(2) You must file within 8 months after completing the work (4 months for a single-family dwelling).
(3) The lien must clearly describe:
(4) The property and owner
(5) The type of labor or materials provided
(6) The amount owed
(7) The dates of work
(8) Once filed, the lien is valid for 1 year, but it can be extended.
Step 4: Enforcing the lien in Civil Court
Filing a lien alone does not get you paid. To enforce it, you must bring a foreclosure action:
If the lien is under $25,000, you may bring the action in Civil Court.
If it is over $25,000, the case usually belongs in Supreme Court.
You file a Summons and Complaint, naming the property owner (and sometimes the general contractor) as defendants.
Step 5: Serving the papers
(1) After filing your foreclosure case, the Summons and Complaint must be formally served on the property owner and other required parties.
This step is critical: improper service can invalidate your lien enforcement.
(2) Papers cannot be served by you — they must be served by someone 18 or older who is not a party, usually a licensed process server.
(3) Personal delivery (“handing the papers directly”) is the gold standard for service.
If personal service isn’t possible, the CPLR allows substituted or conspicuous service, but only under strict conditions.
(4) The process server prepares an Affidavit of Service, proving proper delivery. This affidavit must be filed with the court.
(5) The timeframe for serving and filing legal papers varies depending on the procedure and court. Don’t worry, we know the exact service and filing deadlines for every type of legal paper from Family Court, Housing Court, and Civil Court.
Step 6: What happens next
If the defendant doesn’t respond, you may seek a default judgment.
If they do respond, the case proceeds like any other civil action, with court appearances, motions, and possibly a trial.
If you win, the court can order the property to be sold to satisfy your lien.
Disclaimer: This page summarizes court procedures and is not legal advice.
Bring a Mechanics Lien
Updated July 29, 2025 · 4 min read
Steve Explains－What Happens if I Miss My Civil Court Date in NYC ? (Article 20) (2025)
Missing a Civil Court date in New York City is stressful, but it happens. Maybe you didn’t receive the papers, had an emergency, or simply got confused by the schedule. Here’s what you need to know.
Step 1: If you are the plaintiff
If you filed the case and you don’t show up, the court can dismiss your case.
You may need to file a motion to restore the case if you want to continue.
Step 2: If you are the defendant
If you were sued and you don’t show up, the judge may enter a default judgment against you.
This means the plaintiff wins automatically, even without proving their case.
A default judgment can allow wage garnishment, bank levies, or liens against property.
Step 3: Vacating a default judgment *For detailed information－see our NYC Civil Court Guide
If you missed court, you may be able to ask the judge to undo (vacate) the default judgment. You usually must show:
(1) A good reason why you missed court (illness, didn’t get papers, emergency, etc.).
(2) A defense to the case (for example, “I already paid” or “I’m not the right person”).
This request is made by filing an Order to Show Cause at the Civil Court Clerk’s Office.
Step 4: Why service of papers matters
(1) Many people miss their court date because they were never properly served. Service must be done according to strict rules:
(2) Papers cannot be served by the plaintiff — they must be served by someone 18 or older who is not a party, usually a licensed process server.
(3) Personal delivery (“handing the papers directly”) is the gold standard for service.
If service was not done correctly, you may have grounds to vacate the judgment.
(4) Process servers prepare an Affidavit of Service, which is filed with the court. Judges rely heavily on these affidavits to decide whether service was proper.
(5) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
Step 5: What to do next
(1) Act quickly — Civil Court deadlines for vacating defaults are short.
(2) Go to the Clerk’s Office and ask for help filing an Order to Show Cause.
(3) Bring proof of your excuse (doctor’s note, travel documents, etc.) and any evidence supporting your defense.
Disclaimer: This page summarizes court procedures and is not legal advice.
Missed Civil Court Date
Updated July 29, 2025 · 4 min read
Steve Explains－What to Expect on Your First Civil Court Date in NYC (Article 21) (2025)
Walking into Civil Court for the first time can feel overwhelming. The good news is: most first appearances are about scheduling and organization, not a full trial. Knowing what to expect can help reduce stress.
Step 1: Arrive early and check in
(1) Civil Court calendars are busy, so arrive at least 30 minutes early.
(2) Go to the Clerk’s desk or courtroom officer to check in.
(3) If you don’t check in, the judge may mark you as absent, which can risk dismissal (if you’re the plaintiff) or default judgment (if you’re the defendant).
Step 2: What usually happens at the first appearance
(1) The judge or court attorney calls your case. *For detailed information－see our NYC Civil Court Guide
(2) The judge will check if service of the Summons and Complaint (or other papers) was done properly.
(3) Both sides may be asked if they want to try settlement or mediation.
(4) If not resolved, the judge will set future dates for discovery, motions, or trial.
Step 3: Documents to bring
(1) A copy of your Summons and Complaint (if you are the plaintiff).
(2) The Answer you filed (if you are the defendant).
(3) Affidavit of Service proving that papers were properly served.
(4) Any contracts, receipts, or key documents you’ll rely on.
Step 4: Why process serving is important at the first date
(1) The very first question in many cases is: “Was the defendant properly served?”
(2) Papers must be served by someone who is 18 or older and not a party to the case, usually a licensed process server.
(3) Personal delivery (“handing the papers directly”) is the gold standard for service.
(4) If service was not done correctly, the judge may dismiss the case or delay it.
(5) Licensed process servers provide an Affidavit of Service, which the judge reviews at the first appearance.
(6) The timeframe for serving legal papers and the filing of legal papers does vary depending on the procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
Step 5: What comes next
If the case is not settled, the court will give you a schedule for discovery or trial.
Be prepared to return for additional dates before a final decision is made.
Stay organized and keep copies of everything.
Disclaimer: This page summarizes court procedures and is not legal advice.
Your First Court Date
Updated July 29, 2025 · 4 min read
Steve Explains－How Do I Serve Court Papers on a Business in NYC? (Article 22) (2025)
Serving court papers on a business is very different from serving an individual. Businesses have special rules under New York’s CPLR (Civil Practice Law and Rules), and getting this step wrong can cause your case to be dismissed. Here’s how it works.
Step 1: Identify what type of business you’re suing
(1) Corporation (Inc.)
(2) Limited Liability Company (LLC)
(3) Partnership or sole proprietorship
The rules for service depend on the type of business. *For detailed information－see our NYC Civil Court Guide
Step 2: Service on corporations and LLCs
In New York, corporations and LLCs are registered with the New York Department of State (DOS).
(1) You can serve the business by delivering the court papers to the DOS in Albany.
(2) The DOS then forwards the papers to the company’s official address on file.
(3) A licensed process server often handles this step to ensure proper delivery and affidavit filing.
Step 3: Service on partnerships and sole proprietorships
(1) Partnerships can be served by delivering papers to any general partner.
(2) Sole proprietors can be served like an individual — personal delivery at home or business.
In both cases, substituted or conspicuous service may be allowed, but must follow strict CPLR rules.
Step 4: Why you need a process server for business service
Serving a business is not as simple as handing papers to a receptionist. Courts require strict compliance:
(1) Papers cannot be served by you — they must be served by someone 18 or older who is not a party, typically a licensed process server.
(2) Personal delivery to the registered agent or DOS is the gold standard for service.
(3) The process server prepares an Affidavit of Service, detailing when, where, and how the business was served.
(4) Judges carefully review these affidavits, and errors can mean your case gets thrown out.
(5) The timeframe for serving legal papers and the filing of legal papers does vary based upon the specific procedure and court. Don’t worry, we know the exact service and filing timeframes for every type of legal paper from Family Court, Housing Court, and Civil Court.
Step 5: What happens next
Once the business is properly served, it has 20 or 30 days to respond depending on how service was made. If no Answer is filed, you may request a default judgment.
Disclaimer: This page summarizes court procedures and is not legal advice.
Serving a Business
Updated July 29, 2025 · 4 min read
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Disclaimer: MyBronxProcessServer.com provides process serving services and general legal information.
We are not attorneys and do not offer legal advice.
If you need legal representation or assistance interpreting court documents, please contact a licensed attorney.
Service of process is performed in accordance with New York State laws and court rules.
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