I have often heard the comment: “I can do it myself…Why should I hire a process server in New York to serve my wife?” My reply is always: “No, do not do it yourself”. Serving process in New York and in most states involves strict procedures, rules and laws to be obeyed and/or followed. Attempting to skip process serving procedures because you want to save a few dollars by not hiring a licensed process server may prove costly in the long run. It is indeed more likely that the process server you do not wish to hire knows the rules for serving process more than you do; therefore, she will make fewer mistakes than you when it comes to following local process service rules and procedures. Furthermore it is absolutely unacceptable to serve process if you are a party to a case unless expressly authorized by a court clerk or judge.
Indeed, one of the major mistakes you,as a litigant, may make is taking the summons, petition or complaint and personally delivering it to your opponent. Though it may cause you great satisfaction to take a look at the “helpless”, “worried” and “stunned” face of your opponent when you hand him/her a summons, if he/she is smart, she can have your entire case thrown out because of improper service. She probably will. In fact, the first line of defense from most summons recipients is to claim:“I was not served” or ” I was not served according to law”.
So if your opponent uses the “improper service” subterfuge and you cannot prove that you hired a duly licensed process server, then we should ask: “Who is winning?”: You (The person who has to go back to court to re-enter your complaint or petition probably after being scolded by an angry judge) or your opponent (Who laughs at your wasting more time and money after failing to serve her/him properly)?
