New York City Process Server Practice Test

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What is required for substituted service to be granted?

Seeking court permission

Substituted service is a legal process that allows a plaintiff to serve legal documents to a defendant in a manner other than direct delivery, particularly when the defendant cannot be reached through traditional methods of service. To initiate substituted service, it is largely required that the party seeking this method obtains court permission. This ensures that the court oversees the process and establishes that all proper legal standards are adhered to, ensuring the defendant's right to due process is preserved.

The necessity for court permission emphasizes the importance of following legal protocols and safeguards. Courts need to review the attempts made for direct service and assess the situation to justify why substituted service is appropriate. This process protects against potential abuses and ensures that defendants are adequately informed of legal actions against them, thus maintaining fairness in the judicial process.

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Attempting direct service twice

Notifying the individual in advance

Obtaining consent from family members

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