Don't see what you need, or have questions? Email Us
Trademarks/IP

Required Mailings under 307BCL and 253/254 VTL

OUR MAILING SERVICE SAVES YOU TIME!

SERVICO ASSISTS YOU WITH THE REQUREMENTS TO COMPLETE SERVICE ACCORDING TO SECTION 307 BCL/and 253/254 VTL.

PLEASE SEE THE APPROPRIATE STATUTES BELOW FOR THE PROPER PROCEDURES WE WILL FOLLOW:

§ 307. Service of process on unauthorized foreign corporation.

(a) In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules, a foreign corporation not authorized to do business in this state is subject to a like jurisdiction. In any such case, process against such foreign corporation may be served upon the secretary of state as its agent. Such process may issue in any court in this state having jurisdiction of the subject.

(b) Service of such process upon the secretary of state shall be made by personally delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. Such service shall be sufficient if notice thereof and a copy of the process are:

(1) Delivered personally without this state to such foreign Corporation by a person and in the manner authorized to serve Process by law of the jurisdiction in which service is made,

Or

(2) Sent by or on behalf of the plaintiff to such foreign Corporation by registered mail with return receipt requested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff. (c) 1. Where service of a copy of process was effected by personal service, proof of service shall be by affidavit of compliance with this section filed, together with the process, within thirty days after such service, with the clerk of the court in which the action or special proceeding is pending. Service of process shall be complete ten days after such papers are filed with the clerk of the court.

 

2. Where service of a copy of process was effected by mailing in accordance with this section, proof of service shall be by affidavit of compliance with this section filed, together with the process, within thirty days after receipt of the return receipt signed by the foreign corporation, or other official proof of delivery or of the original envelope mailed. If a copy of the process is mailed in accordance with this section, there shall be filed with the affidavit of compliance either the return receipt signed by such foreign corporation or other official proof of delivery or, if acceptance was refused by it, the original envelope with a notation by the postal authorities that acceptance as refused. If acceptance was refused, a copy of the notice and process together with notice of the mailing by registered mail and refusal to accept shall be promptly sent to such foreign corporation at the same address by ordinary mail and the affidavit of compliance shall so state. Service of process shall be complete ten days after such papers are filed with the clerk of the court. The refusal to accept delivery of the registered mail or to sign the return receipt shall not affect the validity of the service and such foreign corporation refusing to accept such registered mail shall be charged with knowledge of the contents thereof.  (d) Service made as provided in this section shall have the same force as personal service made within this state. (e) Nothing in this section shall affect the right to serve process in any other manner permitted by law.

 

§ 253. Service of summons on non-residents.
 
  1) The use or operation by a non-resident  of  a vehicle in this state, or the use or
  operation in  this state of a vehicle in the business of a non-resident, or the use or
  operation in this state of a vehicle owned by a non-resident if so  used
  or  operated  with  his  permission, express or implied, shall be deemed
  equivalent to an appointment by such non-resident of  the  secretary  of
  state  to  be  his  true and lawful attorney upon whom may be served the
  summons in any action against  him,  growing  out  of  any  accident  or
  collision  in  which  such  non-resident  may be involved while using or
  operating such vehicle in this state or in which  such  vehicle  may  be
  involved  while  being used or operated in this state in the business of
  such non-resident or with the permission, express or  implied,  of  such
  non-resident  owner;  and  such  use  or  operation  shall  be  deemed a
  signification of his agreement that any such summons against  him  which
  is  so served shall be of the same legal force and validity as if served
  on  him  personally  within  the  state  and  within   the   territorial
  jurisdiction  of  the court from which the summons issues, and that such
  appointment of the secretary of state shall be irrevocable  and  binding
  upon  his  executor  or  administrator. Where such non-resident has died
  prior to the commencement of an action brought pursuant to this section,
  service of process shall be made on the  executor  or  administrator  of
  such  non-resident  in  the  same  manner  and  on the same notice as is
  provided in the case of the non-resident himself. Where  an  action  has
  been  duly  commenced  under  the  provisions  of this section against a
  non-resident who dies thereafter, the court must allow the action to  be
  continued  against  his  executor or administrator upon motion with such
  notice as the court deems proper.


    2) A summons in an action described in this section may issue  in  any
  court  in  the  state  having  jurisdiction of the subject matter and be
  served as hereinafter provided. Service of such summons shall be made by
  mailing a copy thereof to the secretary of state at his  office  in  the
  city of Albany, or by personally delivering a copy thereof to one of his
  regularly  established  offices,  with  a  fee  of ten dollars, and such
  service shall be sufficient service upon such non-resident provided that
  notice of such service and a copy  of  the  summons  and  complaint  are
  forthwith  sent  by  or  on  behalf of the plaintiff to the defendant by
  certified mail or registered mail with  return  receipt  requested.  The
  plaintiff  shall file with the clerk of the court in which the action is
  pending, or with the judge or justice of such court in case there be  no
  clerk,  an  affidavit  of compliance herewith, a copy of the summons and
  complaint, and either a return receipt purporting to be  signed  by  the
  defendant  or  a  person  qualified  to  receive  his  certified mail or
  registered mail, in  accordance  with  the  rules  and  customs  of  the
  post-office  department;  or, if acceptance was refused by the defendant
  or his agent, the original envelope bearing a  notation  by  the  postal
  authorities  that  receipt was refused, and an affidavit by or on behalf
  of the plaintiff that notice of such mailing and refusal  was  forthwith
  sent  to  the  defendant  by  ordinary  mail;  or,  if the registered or
  certified letter was returned to the post office unclaimed, the original
  envelope bearing a notation by the postal authorities  of  such  mailing
  and  return,  an  affidavit  by  or  on behalf of the plaintiff that the
  summons  was  posted  again  by  ordinary  mail  and  proof  of  mailing
  certificate  of  ordinary mail. Where the summons is mailed to a foreign
  country, other official proof of the delivery of the mail may  be  filed
  in  case  the  post-office  department is unable to obtain such a return
  receipt. The foregoing papers shall be filed within  thirty  days  after
  the  return  receipt or other official proof of delivery or the original
  envelope bearing a notation of refusal, as the case may be, is  received
  by  the plaintiff. Service of process shall be complete when such papers
  are filed. The return receipt or other official proof of delivery  shall
  constitute  presumptive evidence that the summons mailed was received by
  the  defendant  or  a  person qualified to receive his certified mail or
  registered  mail;  and  the  notation  of   refusal   shall   constitute
  presumptive evidence that the refusal was by the defendant or his agent.
  Service  of  such  summons also may be made by mailing a copy thereof to
  the secretary of state at his office  in  the  city  of  Albany,  or  by
  personally delivering a copy thereof to one of his regularly established
  offices,  with  a fee of ten dollars, and by delivering a duplicate copy
  thereof with the complaint annexed thereto, to the defendant  personally
  without the state by a resident or citizen of the state of New York or a
  sheriff,  under-sheriff,  deputy-sheriff  or  constable of the county or
  other political subdivision in which the personal service is made, or an
  officer authorized by the laws of this state, to  take  acknowledgements
  of  deeds  to be recorded in this state, or an attorney and/or counselor
  at law, solicitor, advocate or barrister duly qualified to  practice  in
  the  state  or country where such service is made, or by a United States
  marshall or deputy United States marshall.  Proof  of  personal  service
  without  the  state  shall be filed with the clerk of the court in which
  the action is pending within thirty days after  such  service.  Personal
  service  without  the state is complete when proof thereof is filed. The
  court in which the action is pending may order such extensions as may be
  necessary to afford the defendant reasonable opportunity to  defend  the
  action.


   3) As  used  in  this  section,  the  term  "vehicle"  means a "motor
  vehicle," "motorcycle,"  "semitrailer,"  and  "trailer"  as  defined  in
  sections  one hundred twenty-five, one hundred twenty-three, one hundred
  forty-three and one hundred fifty-six, respectively,  of  this  chapter,
  whether or not such vehicles are used or operated upon a public highway.



 
§ 254. Service  of  summons  on residents who depart from state and on
  residents' executors or  administrators  who  are  nonresidents  or  who
  depart from state.  The provisions of section two hundred fifty-three of
  this  chapter  shall  also  apply (a) to a resident who departs from the
  state subsequent  to  the  accident  or  collision  and  remains  absent
  therefrom for thirty days continuously, whether such absence is intended
  to  be  temporary  or permanent, and to any executor or administrator of
  such resident, and (b) to an executor or administrator of a resident  if
  such executor or administrator is a nonresident or if, being a resident,
  he  departs  from the state and remains absent therefrom for thirty days
  continuously, whether such  absence  is  intended  to  be  temporary  or
  permanent.

 

 

use our helpful glossary of terms to better understand what you need

Toll Free (NYS) 800-828-4428 | (518) 463-4179 | Fax (518) 463-3752
Servico | P.O. Box 871 | Albany, NY 12201
HOURS: Monday - Friday : 8am - 5pm

from the creative minds of Brayton Graphics

SSL