The Importance of Due Diligence for Process Service

Due diligence is vital when performing process service. Process servers perform an important role in protecting and ensuring the due process rights of litigants. Read on to learn more:

What is due diligence? The Importance of Due Diligence for Process Service

Due diligence represents the efforts made by a process server when attempting to serve process. Generally speaking, in New York, a process server should make three different service attempts, on three different days, at three different times (a morning, afternoon, and evening) in order to show basic due diligence. In the course of the attempts a process server should engage in investigative conversations with co-residents, neighbors, and co-workers of the intended recipient to locate them or find their place of employment.

Serving process

To reinforce the strength of the aforementioned efforts of due diligence, a process server may conduct the following additional searches: Skip-Trace, DMV Abstract, United States Postal Boxholder, Social Media, etc. Many times it is difficult to serve process, and it is imperative that all due diligence be performed and reported to the court via an Affidavit. The court can then ascertain if the service was acceptable, or whether an alternate method of service will be utilized.

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