If we are unable to serve the defendant after three attempts, we will proceed with a service commonly known as "nail and mail". This involves posting the documents to the defendant’s door and mailing a copy to the same address.
Certain case types do not permit nail and mail service under New York law, such as divorce actions, surrogate’s court matters, and some family court proceedings. In those situations, we will contact you to discuss next steps.
Options may include:
- Continuing attempts at the same address
- Performing a skip trace to locate a new address
- Attempting service at an alternate location
Additional fees may apply for these services.
If needed, we can also provide an Affirmation of Due Diligence, which can support a court request for alternative service methods, such as service by email or publication.
Our goal is always to ensure that your case proceeds with legally valid and court-compliant service.
