There comes a point, after several failed attempts at serving a defendant, to embark upon the “nail and mail” method of process serving. John Keefe II has had to turn to this method a time or two to get the job done.
To serve a defendant in this manner, a process server should follow these easy steps:
- Step 1: Affix the summons to the door of either the actual place of business, dwelling place, or usual place of abode within New York Sate of the person to be served and..
- Step 2: Mail the process by first class mail to the person to be served at his or her last known residence or mailing them to his or her actual place of business. CPLR 308(4)
Here are some very important things that you should keep in mind:
- The envelope used for the mailing must be marked “Personal and Confidential” and must not show in any way that the envelope contains papers about a legal action against the person being served.
- The affidavit of service by “nail and mail” must describe in detail the times and places of all the previous attempts at personal service, before “nail and mail” service was used.
Let’s face it; you cannot spend every moment of every day chasing after the same defendant. In extreme cases, other measures such as “nail and mail” need to be taken. Dr. John Patrick Keefe II fully endorses these measures and applies them to his process serving duties as he sees fit. No defendant wants to be served so he or she is going to do everything that they can to avoid it.
It is never a fun thing to come home to, as a defendant. However, these things just simply need to be handled. The “nail and mail” method can also be utilized at the defendant’s place of work. John Patrick Keefe tries to avoid doing this if at all possible because of the embarrassment that it can cause. Can you imagine showing up to work and seeing a summons for your appearance in court hanging on the door? Talk about embarrassment!
The moral of the story is, do not duck a process server who is trying to give you court documents. If John Keefe cannot properly serve you in the traditional way, he will have to resort to other means such as “nail and mail.” You don’t want to go there. Save yourself the time and embarrassment and just take the papers, and do what you have to do to rectify the situation.