Terms and Conditions

 All accepted work orders are FINAL & fees are NON-REFUNDABLE once the documents & payment have been submitted to us and you have provided authorization to move forward with the attempts to serve the designation individual or entity.

Rush Assignments

Rush assignments, which include (1)receipt of affidavits in under 10 business days; (2) service upon receipt; (3) same day service; or (3) next day service are welcomed, but higher fees will apply, and may vary based on the nature of the assignment.  

Furthermore, charges shall apply on a "Per-Attempt" basis and fees are due in advance before each attempt on ALL rush assignments.  Accordingly, advance payment is required on all rush assignments. Furthermore, a deposit will be required with respect to awaiting the arrival of a package by means of any and all shipping methods.

Please note that all rush assignments submitted to us after 4pm with a request for next day service will be considered to be same day service and same day service fees will therefore apply. Serve -upon -receipt rush assignments will result in higher fess than same day service. 

Non-Rush Assignments

For all non-rush assignments, in the event the first attempt is not successful, 2 to 4 attempts will be made at no additional charge. Please note that in order to be considered a non-rush assignment, we must receive the papers AND payment at least 5 business days (not including the day the documents are received) prior to the final date service is permitted by the courts. (NY family courts typically require service 8 days prior to the court date).

Notarization and Affidavits of Service

 Notarization within the State of service will be accomplished at no additional charge; however, notarization within any additional State or States will result in additional fees. 

In the unlikely event that you have not received our affidavit of service, you must contact us no later than 3 days prior to your court date in order to arrange to pick your affidavit. In the event you instruct us to have the affidavit sent to you via Express Mail, you must notify us by writing as well as place a telephone call with us advising us of this request.  Please note that additional fees will apply unless you arrange to pick up the affidavit from us.  We can hand deliver the affidavit to you within the City of New York for an additional fee of $25.00($100.00 if delivery must be accomplished within 4 days of the scheduled court date.) In addition, please note that in case of non-routine affidavits of service, additional charges may apply.      

Be Accurate and Complete.

We rely on the information you provide. Incomplete or incorrect information (such as a wrong city, wrong borough, wrong state, missing or wrong apartment number, etc.) will result in multiple fees because process of service must be re-attempted in accordance with the correct information, which duplicates our effort and multiplies our expenses.

Specifically, please note that in the event of an unsuccessful service attempt as a result of (a) the relocation of the party to be served; or (b) an inaccurate address, a separate charge will apply to each new, corrected or additional address where attempt at service is made.  Additionally, process of service at multiple addresses will result in application of an additional charge to each additional address.

Parties Evading Service

In cases where a defendant is purposefully attempting to evade service of process, requiring over 4 attempts at service, additional fees will apply.  Please let us know immediately if the defendant is likely to attempt avoiding service of process or has done so in the past.

  Additional Fees:
   (i)   In the event the defendant's evasiveness requires investigation, an additional charge of $25.00 per attempt will apply to the second, third and fourth attempts.
   (ii)  We will inform you of the defendant's evasiveness and the applicability of the additional fees upon completion of the first attempt.
   (iii)  Additional fees shall be applied and billed once you are apprised of the defendant's evasiveness and the application of the additional fees.

Stake – out services are available for an additional hourly fee of $100.00 per hour.  The number of hours expanded on each such assignment will vary based on numerous factors, including but not limited to the location and the frequency with which the party to be served visits the specified location. Stakeouts will incur a 3-hour minimum charge applicable even if the defendant is served promptly (the fees for all stake-out assignments are therefore $300.00 and above).  The hourly rate for all stake-out assignments are $100.00 per hour.

In the event that substituted service (e.g., “nail and mail”) is undertaken, additional charges for postage and handling will apply.  Although, the postage and handling fees may vary; such fees are never below $25.00. Incidental expenses such as tolls, parking, etc., if applicable, must be paid in advance. Please note that service by mail, without making any attempts at personal service, is generally only permissible if ordered by the court. If such is the case, you must provide us with the applicable judge’s name; additionally, we will require that you sign a written authorization and waiver for us to serve process in this manner.

 Service upon Secretary of State

Corporations, limited liability companies, limited partnerships and limited liability partnerships formed under New York law, or qualified to do business in New York, may be served by service of process upon the Secretary of State.  We are happy to provide our clients with this type of service of process for a fee of $350.00, payable in advance. In the event of a Court appearance, additional fees will apply.

Non-Individuals

Attorneys:  (a) please ensure that the cover page sets out complete instructions for the server, such as the party to be served and type of documents to be served; (b) please make sure to provide your electronic mail addresses; (c) please note that affidavits of service will not be released to any law firm or solo practitioners that has an outstanding invoice of $150.00 or more until payment for services rendered by Subpoena Server Services is made in full; (d) please note that your client’s failure to pay for your services or any internal cash flow deficiencies do not extinguish or in any way limit or suspend your financial responsibility for any and all services performed by Subpoena Server Services.

In the case of serving agencies, individuals, privet investigations firms or any other corporations: all payments to this office are due in advance in advance of any attempts at service.  In the event we have attempted to serve prior to receipt of applicable fees,  irrespective of the circumstances, affidavits of service with respect to such service of process WILL NOT be released until payment is made in full and a $35.00 late fee will apply within 24 hours of invoicing if payment not submitted promptly and shall be considered delinquent. Delinquent accounts shall be transferred to a collections agency fourteen (14) days after your failure to submit timely payment.

Military Affidavit

In the event you will require a military investigation, commonly required in landlord tenant and family court matters, an additional $25.00 charge shall apply. In the event the military investigation cannot be accomplished on account of inability to gather information mandated by the applicable court within the three attempts included in each process of service assignment, an additional fee of $25.00 shall apply to each additional set of three attempts.

Late Fees

With respect to all attorneys and law firms; payment in full is due immediately upon receipt of our invoice.  A late fee of $35.00 will apply to all invoices that remain unpaid over 15 days from the date of invoice (“delinquent accounts”).  In the even a charge back via credit card or pay pal account takes place and is resolved in our favor, you will be responsible for a $35.00 late fee.

In the event you have an outstanding invoice with us, all future orders shall require advance payment; no exceptions will be made.

Any account unpaid after 30 days may be turned over to a collection agency.  If collection proceedings are commenced, any and all customers shall be responsible for any reasonable costs associated with placement of an account with a collection agency and shall reimburse Subpoena Server Services for any expenses incurred in connection with collection, including but not limited to reasonable attorney’s fees, court costs, and the contingency fees for a collection agent. Please be advised that we have the right to turn over charge backs to collection agencies within twenty four hours of placement of the charge back.

Limited Liability

In all cases, our liability is limited to re-serving your papers.

Submission of Documents

By submitting your legal documents to us, whether such submission is made via fax, electronic mail,  regular mail, personal delivery, or any other form of delivery;  you have agreed to all the above terms & conditions made applicable to all transactions with the Subpoena Server Services.

Please note that ALL documents must be submitted at once.  Whether you are submitting your documents via fax, electronic mail or regular mail, we do not take responsibility for lost documents or service of incomplete documents if such documents have been provided to us by means of multiple fax, emails or regular mail communications. Lastly, if your documents are submitted via PDF attachments to electronic mail, please attach ALL documents as a single PDF document; multiple PDF attachments will not be processed. 

Miscellaneous Charges:
Fax: In the event your fax is over ten (10) pages in length, a fee of $5.00 shall apply to each set of additional ten (10) pages. 

Mailing to Copies To Opposing Parties:

In the event you qualify for Substituted Service (otherwise known as nail and mail) acceptable in some states such as New York State, process of service may be a permissible subsequent to 2nd or 3rd attempt at process of service.  For Substitute Service the following terms shall apply:

(i)  Subpoena Server Services will mail two (2) sets of copies of the documents to be served to the defendant; one set via Certified Mail and one set via First Class mail or, alternatively, one via Priority Mail and the second  via First Class Mail, which will evidence receipt of documents subject to process of service.

(ii)  Prior approval of mailing noted in paragraph (i) above will not be obtained. We will proceed with the mailing automatically upon failure to serve the defendant.

(iii) You will be responsible for a charge of $25.00 for the postage and handling associated with the mailing noted in paragraph (i) above.

(iv)  You will be provided with a declaration of mailing in the affidavit of service as well as copies of mailing receipts for both sets of mailed documents.

 

(v)  Eligibility for Substitute Service is a determination that shall be made by you and not Subpoena Server Services.

Please note that we do not offer advice or counsel as to application of Substitute Service to your matter, that is a determination to be made by you and/or your attorney.

Legal Advice:
Subpoena Server Services does not offer legal advice under any circumstances. We do not have the authority to render legal advice on any matter, including deficiency of your document or the manner in which your documents must be served on the opposing party. If you require legal advice please contact an attorney or the courts.

Submission of Original Documents or Copies:
It is your responsibility to determine whether copies or original documents must be served upon the opposing party(s). Under no circumstances will we be held liable for service of original documents pursuant to your specifications if you later discover that original documents were not appropriate. Similarly, we will not be held liable for service of copies pursuant to your request in matters where original copies are appropriate. We do not provide advice with respect to the type of documents that must be served, we shall serve the documents provided to us in the manner that you direct us.

Non Routine Affidavits (Editing/Customizing):
If you require an affidavit that differs from a standard affidavit of service, you must notify us in this regard and provide us with the pertinent specifications in advance. Please note the type of papers served as this description will be included in the caption of the affidavit.
If you are an attorney or a law firm, please provide us with instruction on your letterhead.
If you are an individual, please provide us with instruction on form A submitted with your documents.
of individuals it must be on form A in which you Submitted your documents originally.
In the event you fail to comply with these instructions, an additional charge of $25.00 shall be applicable to all amendments to previously provided affidavits.