CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)?

This form is a sworn statement that proves delivery of legal papers for a case in the Civil Court of the City of New York. Specifically, it documents that the server personally handed a Summons with Endorsed Complaint to the defendant or a proper corporate officer or agent. In plain terms, it is your official proof to the court that the defendant actually received the papers.

A Summons with Endorsed Complaint is the Civil Court’s streamlined way to start a money-only lawsuit without a long, separate complaint. The claim details are endorsed (summarized) on the summons. Once you serve that document, you must create a clear record of how, when, and where you served it. CIV-GP-18-1 captures those details for personal delivery service.

Who typically uses this form?

Plaintiffs and their lawyers use it whenever they choose personal delivery as the method of service. Professional process servers use it to memorialize service details. Self-represented litigants use it when a nonparty adult they’ve arranged to serve completes personal delivery. The form is signed by the person who actually did the serving, not by the plaintiff, and not by anyone under 18.

You would need this form because the court cannot move your case forward without proof that the defendant was properly served. Proper service is what gives the court authority over the defendant. If you later ask for a default judgment, the judge will look to this form as prima facie evidence that service was done the right way. If service is challenged, the specifics in this form will matter.

Typical usage scenarios include straightforward debt or contract cases, vendor disputes, property damage claims, and other money-only actions up to the Civil Court’s jurisdictional limit. A sole proprietor may use personal delivery to hand the papers directly to a customer who did not pay an invoice. A small business might serve a former vendor on a breach of contract claim. An individual may serve a neighbor for property damage. If the defendant is a corporation or LLC, the server may personally deliver the papers to an officer or authorized agent at the company’s place of business. In each scenario, the form records the facts of service.

This form belongs to the Civil Court of the City of New York and is tailored to its procedures. It uses straightforward affirmations under penalty of perjury to show the court exactly how service occurred. You attach nothing to it; the power of the document is in the details you supply and the signature of the person who served.

When Would You Use a CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)?

You use this form when the server has personally handed the Summons with Endorsed Complaint to the right person. For an individual defendant, that means placing the papers directly in the defendant’s hand (or close enough after stating the nature of the papers if the person refuses to accept them). For a corporate defendant, that means personally handing the papers to a proper officer, director, managing or general agent, cashier, or another authorized agent. If you served someone else at the home or business (such as a roommate or coworker), that is not personal delivery. That would be a different method that belongs on a different proof-of-service form.

You would choose personal delivery when the defendant is accessible, and you want the shortest response time. Personal delivery within New York starts the 20-day clock for the defendant to answer. If time is important or if you anticipate a default, this method gives you a clear record with fewer moving parts than other methods.

Landlords sometimes sue in Civil Court for money damages rather than in the Housing Part. When they can approach the tenant directly outside the housing context, they may use personal delivery and then complete this affirmation. Individuals who sue over a car repair bill or damaged goods often prefer personal delivery at the shop or the person’s residence. Business owners use personal delivery at the registered business location to ensure the papers reach a decision-maker. Attorneys often instruct professional servers to attempt personal delivery first because it is straightforward and avoids mailing requirements tied to substituted methods.

Use this form after the delivery is complete. Complete the details while the facts are fresh: date, exact time, full address, name of the person served, and physical description. If the person refused to give a name, the server still completes the form and describes the individual served. If the server reached a receptionist or mailroom only, that is a sign that personal delivery did not occur; you would not use this form in that situation.

Legal Characteristics of the CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)

This is a sworn or affirmed statement made under penalty of perjury. The person who served the papers signs it to attest that the facts are true. The court treats a properly completed and timely filed affirmation of service as prima facie proof that service happened as stated. That means the court will accept it unless the defendant submits credible evidence to the contrary.

What makes it enforceable is the combination of statutory service rules, the court’s acceptance of affirmations for proof of service, and the factual detail the form requires. The form identifies the case, the person served, how the service occurred, where, and when. It also confirms that the server is an adult nonparty, which is required. The detail in the form is what distinguishes valid proof of service from a vague or defective filing.

Because this form is tied to personal delivery, it does not include mailing steps. The content focuses on the essentials of hand-to-hand delivery. If the defendant claims they were not served, the court will compare that claim to the affirmation: the address, physical description, date and time, and the identity or title of the person served. The more precise your details, the stronger your proof.

General legal considerations

• The server must be 18 or older and not a party to the case.
• Service must follow New York’s civil practice rules. Personal delivery means direct delivery to the named defendant, or to an appropriate officer or agent if the defendant is an entity.
• Civil service on Sundays is prohibited in New York. Plan your service attempt on another day.
• Civil Court cases allow service anywhere in New York State. You are not limited to service within the five boroughs.
• If the defendant is personally served within New York, they generally have 20 days to answer. This timing matters when you plan your default application.
• You should file your proof of service promptly after service. The court will not enter a default judgment without it, and judges often look for timely filing as a mark of reliability.

The form’s legal effect depends on accuracy. If the server mistakenly served the wrong person, delivered at the wrong address, or served in a prohibited way, the case can be delayed or dismissed. If you later discover an error, correct it as soon as possible by making a new, proper service and filing the correct proof.

How to Fill Out a CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)

Follow these steps to complete the form correctly and avoid common mistakes.

1) Confirm you used personal delivery

• Make sure the server handed the Summons with Endorsed Complaint directly to the defendant, or to the correct officer or authorized agent for an entity.
• If the server gave the papers to anyone else (a roommate, coworker, receptionist, or doorman), do not use this form. Use the proof of service form that matches that method instead.
• Ensure service did not take place on a Sunday.

2) Gather the case information from your summons

• Case caption: the exact names of the plaintiff(s) and defendant(s) as they appear on the summons.
• Court: Civil Court of the City of New York.
• County: the county where your case is filed (e.g., New York, Kings, Queens, Bronx, Richmond).
• Index number: the number assigned when you filed the case.
• Filing date: the date the index number was purchased, if the form asks for it.

Keep the original summons nearby as you complete the affirmation to avoid spelling or numbering errors.

3) Identify the server and confirm eligibility

• The person who served the papers completes and signs the form. You, as the plaintiff, cannot serve your own papers.
• The server must be at least 18 years old and not a party to the case.
• The form will ask for the server’s name, current address, and sometimes a statement that they are not a party. Complete this fully.

4) Record the service details exactly as they happened

• Date and time: list the exact date and the precise time (including AM or PM). Do not estimate if you can avoid it. Take the time from your notes or device timestamp.
• Location of service: the full street address, apartment or unit number, floor, city, state, and zip code. Include the borough and county (e.g., “Brooklyn, Kings County”).
• Type of place: residence, place of business, or other (if the form asks). Choose the one that applies.

5) Identify the person served

• For an individual defendant: write the person’s full name as it appears on the summons. If the person refused to give their name or gave a nickname, note “Name refused,” and provide a clear physical description.
• For a corporate or LLC defendant: write the legal name of the entity exactly as it appears on the summons, then identify the person you handed the papers to and their title or role (e.g., “John Smith, Managing Agent” or “Mary Jones, Authorized Agent”). If the person would not give a title, describe their position based on observation (e.g., “front desk manager”) and the context.
• If you are unsure whether the person was authorized, include what the person said when asked (e.g., “I can accept legal papers for the company”). The judge will read those details.

6) Provide a physical description (for natural persons)

• Include approximate age, height, build, skin tone, hair color, facial hair, and any notable features (glasses, tattoos, accent, or other distinctive traits). Keep it respectful, neutral, and factual.
• If you served an officer or agent for a company, include their description too. It helps the court match your account to any later testimony.

7) State the method: personal delivery

• Check or state the option that indicates you personally delivered the Summons with Endorsed Complaint to the person identified.
• If the form contains multiple methods, be sure only the personal delivery option is selected.

8) Note any refusal to accept the papers

• If the person refused to take the documents, state that you informed them of the nature of the papers and left them in close proximity. That still counts as personal delivery to that person.
• Describe the interaction briefly and professionally (e.g., “Defendant would not accept the papers. I stated they were court papers and left them at his feet.”).

9) Complete the nonparty and age declaration

• Most versions include a sentence where the server affirms they are over 18 and not a party to the action. Fill this in or make sure it is present.
• If the form asks for the server’s date of birth or age, provide it accurately.

10) Sign and date the affirmation

• The server signs and dates the form where indicated. Print the server’s name beneath the signature.
• This is an affirmation under penalty of perjury. Read the final paragraph carefully and sign only if the facts are true. If there is a signature line for an attorney affirming, a non-attorney server should sign on the general affirmation line. Follow the form’s signature prompts as printed.
• If your version is formatted as an affidavit instead of an affirmation, sign in front of a notary public and complete the notary block. Do not sign an affidavit outside the notary’s presence.

11) Make copies and file promptly

• Make at least two copies: one for your records and one to serve or show if the court asks. Keep the original safe.
• File the original affirmation of service with the Civil Court clerk in the county where the case is pending. Do this promptly after service. Timely filing helps preserve your right to seek a default if the defendant does not appear.
• If your case is on the court’s e-filing system and you are participating, upload the completed affirmation in the correct document category. Name the file clearly with the date of service and the defendant’s name.

12) Completing separate affirmations for multiple defendants

• Prepare and file a separate CIV-GP-18-1 for each person served. Do not combine multiple defendants on one affirmation.
• If a corporate defendant and an individual were both served, you would have two separate forms, each with its own details, dates, and descriptions.

13) Double-check for common mistakes

• Do the names in the caption match the summons exactly? Correct capitalization and spelling matter.
• Did you state the full address, including apartment or unit? Omitting a unit number can create doubt.
• Did you clearly indicate personal delivery as the method and identify the person served?
• Did the server sign and date the form? An unsigned form does not prove service.
• If the person served was a corporate officer or agent, did you include their title or a description of their role?

Practical examples

• Individual defendant at a residence: “On March 4, 2025, at 6:12 PM, I personally delivered a true copy of the Summons with Endorsed Complaint to Jane Doe at 123 Example Avenue, Apt. 5B, Brooklyn, NY 11211 (Kings County). Jane Doe confirmed her identity. She is a female, approximately 35 years old, 5’6”, medium build, light brown hair, wearing glasses.”
• Corporate defendant at a business: “On March 7, 2025, at 10:03 AM, I personally delivered a true copy of the Summons with Endorsed Complaint to John Smith, Managing Agent for ABC Widgets, Inc., at 456 Market Street, 10th Floor, New York, NY 10018 (New York County). Mr. Smith stated he was authorized to accept legal papers for ABC Widgets, Inc. Male, approximately 50 years old, 5’10”, medium build, gray hair.”

What happens after filing

• If the defendant was personally served within New York, they generally must answer within 20 days of service. Mark that deadline on your calendar.
• If the defendant does not answer, you can move for default judgment. The judge will review your affirmation. Clear, specific, and timely proof of personal delivery strengthens your default application.
• If the defendant disputes service, your detailed description, exact time, and address, and identity information help the court resolve the issue.

Final tips

• Train your server (or process server) to take notes immediately after service. Details fade quickly.
• Avoid Sunday service. If you are scheduling attempts, steer clear of that day.
• When serving entities, ask for a supervisor or manager and request their title. Be polite and concise. Record their role faithfully.
• Keep your style factual. Do not add commentary or arguments to the affirmation. Let the facts speak.

Complete the CIV-GP-18-1 carefully, file it quickly, and keep copies. With a solid affirmation of service on file, you preserve your ability to proceed, seek a default if needed, and keep your case on track in the Civil Court of the City of New York.

Legal Terms You Might Encounter

• Summons with Endorsed Complaint: This is a combined document. It tells the defendant they are being sued. It also lists your claim and the amount sought. This form proves you delivered that combined document.
• Personal Delivery: This means you handed the papers directly to the defendant. It is face-to-face delivery. This form documents that method. Do not use it for mail or substitute service.
• Affirmation: This is a signed statement under penalty of perjury. It does not require a notary. The server signs this form to confirm the facts of service. The court treats it like sworn proof.
• Affirmant: This is the person who signs the affirmation. Here, it is the person who served the papers. That person must be at least 18 and not a party.
• Proof of Service: This is the court’s record that service happened. Your completed affirmation is that proof. The judge relies on it to confirm jurisdiction.
• Docket or Index Number: This is the case number assigned to your lawsuit. You must place it on the form. It links your proof to the correct case file.
• Caption: This is the case title. It lists the court, parties, and case type. It must match your Summons with Endorsed Complaint. Use exact spelling and order.
• Party: A party is a plaintiff or defendant in the case. A party cannot serve papers. A non-party over 18 must perform service and sign this form.
• Person Served: This is the individual who received the papers. For personal delivery, it is the defendant or authorized recipient. You will include that person’s name and a brief description.
• Default Judgment: This is a judgment entered when a defendant does not respond. The court often needs valid proof of service to grant it. Your accurate affirmation supports that request.

FAQs

Do you need a notary for this form?

No. This is an affirmation, not an affidavit. The server signs under penalty of perjury. The form does not require notarization. Make sure the server signs and dates it.

Do you, as the plaintiff, serve the papers?

No. You cannot serve if you are a party. Ask a non-party who is at least 18 to serve. A professional server is allowed, but not required. The server then completes and signs this form.

Do you need one form per defendant?

Yes. Use one affirmation for each person served. If you serve the same defendant more than once, complete a new one for each service date. Each service event needs its own form.

Do you file this form with the court?

Yes. File the signed affirmation with the court. File it as soon as possible after service. Bring a copy to any court date. Keep another copy for your records.

Do you need to mail a copy after personal delivery?

No additional mailing is part of personal delivery. The hand delivery is the service. You may send a courtesy copy, but it is not part of personal delivery. Follow your case schedule after filing proof.

Do you use this form for substitute or mail service?

No. This form is only for personal delivery. If you served by another method, use the matching proof of service form. The court looks for a method to match the proof.

Do you still complete the description if you know the person?

Yes. Include a brief physical description, even if you know the person. Note height, build, sex, approximate age, skin tone, and hair color. It helps confirm identity and avoids disputes.

Do you need to re-serve if you find an error?

It depends on the error. Correct minor clerical mistakes with a clean, accurate form. If the mistake affects how the service was done, you may need to re-serve. Act quickly to protect your case timeline.

Checklist: Before, During, and After the CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)

Before signing

• Confirm the court is the Civil Court of the City of New York.
• Confirm the case caption matches the summons exactly.
• Locate the docket or index number. Write it clearly.
• Verify the complete address for service.
• Confirm the server is 18 or older and not a party.
• Prepare the exact documents to serve. Include the Summons with Endorsed Complaint.
• Plan the service date and time. Allow enough travel time.
• Bring a pen and a copy of the form for notes.
• Review any local timing or service limits. Avoid restricted days or times.
• Clarify the defendant’s identity. Use a photo or description, if available.

During signing

• Only sign after service is complete.
• Confirm the service method was personal delivery.
• Write the exact date and time of delivery.
• Write the full service address, including apartment or suite.
• Write the full name of the person served. If refused, note “name refused.”
• Record a brief physical description. Include height, build, sex, skin tone, and hair.
• State the relationship if known. For example, “defendant” or “owner.”
• Confirm that the server’s printed name, signature, and date are present.
• Check the case caption and docket number again for accuracy.
• Make sure all blanks are complete. Avoid stray marks or corrections.
• Keep handwriting legible. Print names clearly.

After signing

• Make a clean copy for your records.
• File the signed affirmation with the court promptly.
• If e-filing is required, follow the system’s upload steps. Keep the original.
• Calendar the defendant’s response deadline.
• Bring a copy to the first court appearance.
• If the court rejects the form, fix the issues fast.
• If service details were wrong, arrange re-service.
• Store copies with your case file in a safe place.
• Record who filed it, when, and how.
• Track any returned notices from the court.

Common Mistakes to Avoid CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)

Using the wrong method of service:

• Do not use this form if you did not hand the papers to the person. If you used another method, the court can reject your proof. You may face delays or a denied default.

Letting a party serve the papers:

• Do not serve the papers if you are a party. Service by a party is invalid. The case could be dismissed or delayed. Use a non-party over 18 instead.

Leaving out key details:

• Do not omit the date, time, or address of service. Do not skip the person’s description. Missing information can invalidate the proof. The court may not accept it.

Mismatching names or docket numbers:

• Do not misspell names or swap parties. Do not use the wrong docket number. The clerk may reject the filing. You may lose valuable time.

Filing late or not at all:

• Do not wait to file the affirmation. Late or missing proof can block a default. It can also trigger adjournments and extra costs. File as soon as possible.

What to Do After Filling Out the Form CIV-GP-18-1 – Affirmation of Service of Summons with Endorsed Complaint (Personal Delivery)

File your proof of service:

• Submit the signed affirmation to the court. File it as soon as possible.
• If the court uses electronic filing for your case, upload the document. Keep the original in your file.
• If filing in person, bring the original and a copy. Ask for a stamped copy.

Confirm the court record:

• Check that the docket reflects your filing.
• Note the filing date in your calendar.
• Keep the stamped or e-filed copy with your case papers.

Track deadlines:

• Calculate the defendant’s time to respond from the date of service.
• Calendar the response deadline. Add a reminder before that date.
• Do not assume the defendant will default. Prepare for an answer or motion.

Prepare for next steps:

• If the defendant answers, review the response carefully.
• Gather your evidence and documents for the next conference or hearing.
• Bring the proof of service to court. Judges often ask for it.

Address any issues fast:

• If you find a material error, fix it quickly. You may need to re-serve.
• If your form was rejected, correct and re-file.
• If the defendant disputes service, your detailed description will help.

Maintain your records:

• Keep copies of the affirmation, the summons, and any receipts.
• Keep notes on how, when, and where service occurred.
• Store everything in one folder for quick access.

Plan for a default request:

• If the defendant does not respond, you may seek a default.
• The court will review your proof of service.
• Make sure your affirmation is clear and complete.

Consider case changes:

• If the address or party information changes, update your records.
• If you amend your claim, follow the service rules for the new papers.
• Use the matching proof of service form for the updated documents.

Stay organized:

• Use a simple checklist for each defendant.
• Track who served, when, and how. Note all follow-up tasks.
• Clear records save time and prevent missed steps.