CIV-GP-18A-i – Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

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

What is a CIV-GP-18A-i- Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)?

This is a proof-of-service form used in the Civil Court of the City of New York when you serve a Summons with Endorsed Complaint by a method other than handing it directly to the defendant. “Summons with Endorsed Complaint” means the claim is stated on the face of the summons rather than in a separate complaint, which is common in Civil Court money-only cases. “Other than Personal Delivery” covers substituted service (delivering to a person of suitable age and discretion at the defendant’s home or business and then mailing) and conspicuous-place service (affixing to the door and then mailing), and, when applicable, service by mail with acknowledgment.

The form is a sworn or affirmed statement detailing exactly how, when, and where service occurred and the steps taken to complete mailings. The court relies on this document to confirm that the defendant was properly served according to New York service rules so the case can move forward. Without accurate proof of service, the court cannot assert jurisdiction over the defendant, and your claim may stall or be dismissed.

Who typically uses this form?

The person who served the papers completes and signs it. That’s usually a process server or another adult who is not a party to the case. In New York, you must be at least 18 years old and not a party to the action to serve. If you’re an attorney or another person authorized to affirm instead of swearing before a notary, you use the affirmation version. If you are not authorized to affirm, the affidavit version is appropriate. Many self-represented litigants hire a professional process server to avoid errors and to have the correct proof of service prepared.

Why would you need this form?

You use it to demonstrate that you properly served the Summons with Endorsed Complaint by a legally recognized method other than personal delivery. It becomes part of the court record and starts the clock for the defendant’s time to respond. If the defendant doesn’t answer, the court will look at this proof before considering a default judgment.

Typical usage scenarios

• You started a money-damages case in Civil Court, and the process server could not reach the defendant in person, so they left the papers with a person of suitable age and discretion at the defendant’s residence and mailed a copy. You now file this form to document that method.
• After several reasonable attempts at different times and days, the process server could not find anyone to accept service. They affixed a copy to the door (conspicuous-place service) and mailed another copy. You use this form to record the attempts, the posting, and the mailing.
• You attempted service by first-class mail with acknowledgment. If the defendant signed and returned the acknowledgment, the server documents that on this form. If they did not return the acknowledgment, you don’t use mail service to complete service—you instead use another method and then file the corresponding proof.

Civil Court requires specific details to be recorded. This form provides a structured, standardized way to present those details so the clerk and judge can quickly confirm compliance.

When Would You Use a CIV-GP-18A-i- Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)?

You use this form any time your service was not direct hand-delivery to the defendant and you are filing proof in the Civil Court of the City of New York for a Summons with Endorsed Complaint. That commonly occurs when the process server:

• Leaves the papers with a person of suitable age and discretion at the defendant’s actual dwelling place or actual place of business and then mails a copy to the same defendant. This is substituted service. It is often used when the defendant is not home or is evading service, but someone else at the residence or business is available to accept.
• Affixes the papers to the door of the defendant’s actual dwelling place or actual place of business after using due diligence to attempt personal service, and then mails a copy. This is conspicuous-place (often called “nail-and-mail”) service. It’s used when personal service and substituted service cannot be accomplished despite reasonable, varied attempts.
• Uses service by first-class mail with acknowledgment. This is effective only if the defendant signs and returns the acknowledgment. If the acknowledgment is not returned, you must serve by another allowed method and then file proof for that method.

Typical users include small business owners suing for unpaid invoices, contractors or vendors seeking payment, consumers disputing damage or warranty issues, or any party filing a money-only claim within Civil Court jurisdiction. Process servers and attorneys preparing the filing use this form to complete the record of service. If you are a self-represented plaintiff, you may review the completed form to confirm that the details match what the server did, because inconsistencies can delay your case.

You would not use this form for Housing Court summary proceedings (those use different papers and proof-of-service forms) or for personal delivery cases (there is a separate form for personal service). You also would not use it for service on certain entities where the law requires a different proof (for example, service on the Secretary of State has a separate proof form).

Legal Characteristics of the CIV-GP-18A-i- Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

This form is a sworn or affirmed statement made under penalty of perjury. It is legally binding because it attests to facts that establish the court’s authority over the defendant. The court relies on it to determine whether service complied with New York service requirements for non-personal delivery methods. If the form is incomplete, inaccurate, or inconsistent with the rules, service may be deemed defective. That can lead to dismissal, denial of a default judgment, or orders requiring you to re-serve.

Enforceability stems from a few core principles:

• Personal jurisdiction and due process: Proper service provides notice and an opportunity to be heard. The court cannot proceed against a defendant without it. The details you provide—where you served, when, on whom, and how—must match the specific method used and the law’s technical requirements.
• Specific statutory steps: For substituted service, you must (1) deliver to a person of suitable age and discretion at the defendant’s actual dwelling place or actual place of business, and (2) mail a copy to the defendant. For conspicuous-place service, you must first attempt personal delivery with due diligence at different times and days, then affix the papers to the door, and also mail a copy. For mail with acknowledgment, the defendant must sign and return the acknowledgment form; otherwise, service is not complete by mail alone.
• Filing proof of service: For substituted or conspicuous-place service, you must file the proof of service with the court within the time required. Service is not complete until 10 days after you file proof. This timing matters because it affects the defendant’s deadline to respond.
• Content requirements: The proof must state the server’s qualifications (at least 18 and not a party), the dates and times of delivery and mailing, the exact address used (including apartment number), the name or physical description of the person served (for substituted service), the specific attempts made (for conspicuous-place service), and that the mailing to a business address was in an envelope marked “Personal and Confidential” without revealing that it’s from an attorney or that the communication concerns a legal action.

Because the form is a sworn/affirmed statement, false or careless statements expose the signatory to penalties and can irreparably harm the case. Courts scrutinize these forms closely, especially on default applications. Precision, legibility, and consistency with postal receipts and server logs are essential.

Two practical legal timing points to keep in mind:

• For substituted or conspicuous-place service, service is deemed complete 10 days after you file proof of service.
• A defendant’s time to respond is 30 days after service is complete when service is other than personal delivery within the state. This is different from the 20-day deadline for personal delivery.

Finally, remember service restrictions: the server must be 18 or older and cannot be a party to the case. Service on Sundays is prohibited in New York. Avoid service on Saturdays upon observant individuals if you know they observe. Using a professional process server helps avoid inadmissible or improper service attempts.

How to Fill Out a CIV-GP-18A-i- Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

Follow these steps carefully. If you hire a process server, they will usually complete and sign the form. You, as plaintiff, are responsible for filing it and making sure it is correct and timely.

1) Caption the case exactly as it appears on the Summons with Endorsed Complaint.

• Court: Civil Court of the City of New York; specify the county/borough (e.g., Bronx, Kings, New York, Queens, Richmond).
• Index or docket number: Enter the case number assigned when you purchased the index number or filed.
• Plaintiff(s) and Defendant(s): Use the same names and order as on the summons. Include “a/k/a,” “d/b/a,” or corporate suffixes if used.

2) Identify the document served.

• Check or write: “Summons with Endorsed Complaint.”
• If you included any additional notice required by law (e.g., notice of electronic filing where applicable), list those as “additional documents served.”

3) State who is making the affirmation and their eligibility to serve.

• Full name of the server.
• A statement that the server is over 18 years old and not a party to the case.
• If the server is authorized to affirm, the form will say “I affirm under penalty of perjury.” If the server is not authorized to affirm, use the affidavit counterpart and have it notarized. Do not sign the wrong version.

4) Provide the defendant with information exactly as served.

• Name of the defendant served. If serving more than one defendant, complete a separate form for each unless the form provides space for multiple defendants with complete details for each.
• If the defendant is an individual, include their full name. If the defendant is a business entity, include the exact legal name. Note that serving a business may require different methods; this form is for other-than-personal delivery to an individual or, when applicable, to an entity’s actual place of business by substituted or conspicuous-place service.

5) Choose the service method used: substituted service or conspicuous-place service, or (when applicable) mail with acknowledgment.

• Substituted service (leave and mail): You delivered a copy to a person of suitable age and discretion at the defendant’s actual dwelling place or actual place of business and mailed a copy to the defendant.
• Conspicuous-place service (nail and mail): After due diligence to serve personally, you affixed a copy to the door of the defendant’s actual dwelling place or actual place of business and mailed a copy to the defendant.
• Service by mail with acknowledgment: You mailed the summons with an endorsed complaint, along with the statutory acknowledgment form and a return envelope. This becomes effective only if the signed acknowledgment is returned. If not returned, you must serve by another method and complete the corresponding proof.

6) For substituted service, fill in these details precisely.

• Delivery date and time: Enter the exact date and time you handed the papers to the person of suitable age and discretion.
• Delivery address: Include street address, apartment number, city, state, and ZIP code. If at a business, include the business name and floor/suite.
• Name and description of the recipient: If they give their name, record it. If not, provide a physical description (approximate age, gender, skin tone, hair, height, weight) and their relationship to the defendant (e.g., “co-tenant,” “spouse,” “coworker,” “manager”). Note whether the location is the defendant’s actual dwelling place or actual place of business.
• Mailing date: Enter the date you mailed a copy to the defendant. This mailing must occur within the required period after delivery.
• Mailing address and envelope markings: State the exact address used for mailing (last known residence or actual place of business). If mailing to a business address, the envelope must be marked “Personal and Confidential,” and it must not indicate that it is from an attorney or concerns a lawsuit. Use first-class mail with proper postage. Keep the proof of mailing (certificate of mailing or stamped receipt). Attach a copy of postal proof if the form allows, and keep the original for your records.

7) For conspicuous-place service, provide due diligence and posting details.

• Due diligence attempts: List at least three separate attempts at different times and days (including mornings, evenings, and a weekend), with exact dates and times, and what you observed (e.g., “No answer; lights on; mailbox labeled with defendant’s name,” or “Building locked; directory lists defendant’s name.”). The goal is to show reasonable, varied efforts to find the defendant.
• Posting date and time: Enter when you affixed the papers to the door. Specify the door (e.g., apartment door vs. building entrance) and how you affixed them (e.g., taped securely). If access was limited, describe how you reached the door.
• Address details: Include full address and apartment number.
• Mailing date and address: As with substituted service, state when and where you mailed a copy (last known residence or actual place of business), and note the “Personal and Confidential” envelope marking if mailing to a business.
• Postal proof: Keep and, if possible, attach a copy of postal proof of mailing.

8) For service by mail with acknowledgment, record the mail steps and the outcome.

• Mailing date: The date you mailed the summons with the endorsed complaint, the acknowledgment form, and a return envelope by first-class mail.
• Address: The defendant’s residence or actual place of business.
• Outcome: Whether the defendant returned the signed acknowledgment. If yes, include the date received. If no, note that it was not returned and that you re-served by another accepted method. Do not rely on mthe ail-with-acknowledgment service if the acknowledgment is not returned.

9) Specify additional legally required statements.

• State that at the time of service, the person served was of suitable age and discretion (for substituted service).
• Confirm the location qualifies as the defendant’s actual dwelling place or actual place of business.
• Confirm that the mailing envelope to a business address was marked “Personal and Confidential” and that the exterior did not indicate it was from an attorney or about a legal matter.
• Confirm that you are not a party to the case and are 18 years or older.

10) Attachments and exhibits (if space allows or as separate exhibits).

• Postal certificate of mailing or USPS receipt.
• Any server logs documenting attempts (for conspicuous-place service).
• If a recipient refused to give a name, a short description attached to the form can help.
• For buildings with restricted access, any notation of how access was gained (intercom, superintendent, tenant, etc.).

11) Sign, date, and complete the affirmation block.

• Sign the affirmation. Include the date and the city/state where you signed.
• If using an affirmation, you do not need a notary. If instead you are using the affidavit version, sign in front of a notary, who will complete the notary jurat.

12) File the proof of service within the required time.

• For substituted or conspicuous-place service, file the affirmation of service within the required filing window. Service is complete 10 days after you file proof. This affects the defendant’s answer deadline, so do not delay.
• Keep copies for your records. If you plan to seek a default judgment, the clerk will review this filing closely.

13) Common mistakes to avoid.

• Missing apartment numbers, suite numbers, or floor numbers. Incomplete addresses are a frequent reason for rejection.
• Mailing to the wrong address or failing to mail at all after delivery or posting. Both delivery/posting and mailing are required for substituted and conspicuous-place service.
• Not varying the times of day and days of the week for due diligence. Repeated attempts at the same time may not show reasonable effort.
• Failing to use “Personal and Confidential” on business-address mailings or using a law firm name on the envelope can invalidate service.
• Serving on a Sunday or by a party to the case.
• Illegible handwriting or inconsistent dates and times between delivery, mailing, and filing.

14) Understand what happens next.

• For other-than-personal delivery, the defendant typically has 30 days from the date service is complete (which is 10 days after filing this proof) to respond. Track those dates.
• If the defendant defaults, you may apply for a default judgment. Your proof of service will be scrutinized, so ensure every required detail is correct and supported.
• If the defendant appears and disputes service, this affirmation will be the foundation of your response. Detailed, accurate entries help the court resolve any challenge.

Practical example: Your process server tried to serve John Doe at 123 Example Ave., Apt. 4B, on Tuesday at 7:15 p.m. and Saturday at 10:30 a.m. No one answered. On Monday at 6:40 a.m., a neighbor confirmed John lives there, but again no answer. The server then taped the papers to John’s apartment door and, the same day, mailed a copy by first-class mail to John at that address. The server completes this form with those attempt details, the posting date/time, the mailing date, and the exact address, then signs the affirmation and you file it promptly. Ten days after filing, service is complete; John’s 30-day response period then starts.

If your scenario involved leaving papers with a co-tenant at the same address instead, the form would show the co-tenant’s name or description, the time and date of delivery, and the subsequent mailing details. If you attempted service by mail with acknowledgment first and received no acknowledgment back, do not file that as completed service; proceed with substituted or conspicuous-place service and then file this form with those details.

Your goal is simple: provide a clear, accurate, and complete record of other-than-personal service that meets every technical requirement. When in doubt, add specific facts, not assumptions. The court wants to see who, what, when, where, how—and that you mailed correctly and filed on time.

Legal Terms You Might Encounter

• Summons: This tells the defendant a case has started and sets the response deadline. On this affirmation, you confirm which summons you served, where, and when.
• Endorsed Complaint: This is a brief complaint printed on or attached to the summons. On this form, you state that the summons included the endorsed complaint you served.
• Service: Service means delivering the legal papers to the defendant. This affirmation records how the service happened so the court can decide if it was valid.
• Other than Personal Delivery: This means the server did not hand papers directly to the defendant. You use this form when a service uses another accepted method.
• Substituted Service: A method where the server leaves papers with a person of suitable age at the defendant’s home or business. On this form, you identify who received the papers and their relationship.
• Affix-and-Mail (Nail and Mail): A method where the server posts the papers at the door and then mails a copy. This form captures where the papers were affixed and the mailing details.
• Person of Suitable Age and Discretion: An adult who lives or works at the address and is likely to pass on the papers. You list that person’s name or a description on this form.
• Due Diligence: Reasonable efforts to find and personally serve the defendant before using another method. The form may ask you to describe prior attempts and times.
• Mailing: Sending copies by mail after delivery or posting. On this form, you note the mailing date, the address used, and the type of mail.
• Affirmation: A signed statement under penalty of perjury that facts are true. This form is your sworn record of the service steps taken.
• Docket or Index Number: The case number assigned by the court. You enter this number so the affirmation connects to the correct case file.
• Premises Description: A brief description of the place where the service occurred. You may include building type, door color, or other identifiers on this form.

FAQs

Do you file the CIV-GP-18A-i Affirmation with the court?

Yes. You file it to prove that the summons with the endorsed complaint was served. File as soon as you complete the service and mailing. You want it on the record before any court date or default request.

Do you sign this form if you did not serve the papers?

No. The person who carried out the service completes and signs it. If you hired a process server, that person completes and signs. If you personally served, you sign only if allowed and if you are not a party.

Do you use this form for personal delivery?

No. Use this form only when the service was not a direct hand-off to the defendant. For personal delivery, use the court’s personal delivery service form.

Do you attach proof of mailing?

Yes, if you have it. Keep and attach receipts, certificates of mailing, or tracking slips. If attachment space is limited, keep them in your file and present them if asked.

Do you need to list every attempt at service?

Yes, list each attempt if the method depends on prior attempts. Include dates, times, and what happened. These details help show diligence and proper steps.

Do you need a physical description of the person who accepted papers?

Yes, include a brief description if someone else accepted the papers. Note gender, approximate age, height, weight, hair color, and relationship to the defendant.

Do weekends and holidays matter for timing?

They can. Some methods count business or calendar days differently. Record actual dates and times. File promptly to avoid timing disputes.

Checklist: Before, During, and After the CIV-GP-18A-i Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

Before signing: Information and documents you need

• Case caption and docket or index number.
• Defendant’s full name and service address.
• The exact papers served: summons with endorsed complaint.
• The method used: substituted service or affix-and-mail.
• Dates and times of each attempt to serve.
• Date, time, and location of the actual delivery or posting.
• Name of the person who accepted papers, if any, and their role.
• Physical description of that person, if applicable.
• Details of the mailing: date, address, and mail type.
• Any prior attempts to locate the defendant.
• Notes on the premises: building type, door, buzzer, or unit.
• Proof of mailing and delivery notes, if available.
• Your identification as the server: name and contact details.
• A calendar of any upcoming case deadlines or return dates.

During signing: Sections to verify

• Case information matches the summons exactly.
• Defendant’s name and address are precise and legible.
• The service method selected matches what happened in the field.
• Every service attempt is listed with date and time.
• The person who accepted papers is identified or described.
• The address for delivery, posting, and mailing is the same unless a rule allows otherwise.
• The mailing date and mail type are accurate.
• Any required follow-up mailing details are included.
• Your signature is in the correct place and dated.
• Any required declaration language is present and unaltered.
• Attachments are labeled and referenced on the form if used.

After signing: Filing, notifying, storing

• File the completed affirmation with the court promptly.
• Serve or share a copy with the other side only if required.
• Keep a complete copy for your records.
• Store proofs of mailing and any photos of posting with your copy.
• Calendar the defendant’s response deadline.
• Watch for returned mail and keep the envelope if it returns.
• If mail returns, assess next steps and document the issue.
• Be ready to explain service details at any conference or hearing.

Common Mistakes to Avoid CIV-GP-18A-i- Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

• Don’t forget to list all service attempts. Missing attempts can make the service look incomplete. The court may reject your proof, causing a delay.
• Don’t use an incorrect address. Serving the wrong unit or location can invalidate service. Verify the address from reliable records.
• Don’t skip mailing details. Failing to record the mailing date and mail type can defeat this service method. Always include both.
• Don’t let a party to the case serve. A plaintiff or defendant should not serve. Use a nonparty adult to avoid challenges.
• Don’t ignore physical descriptions. If someone accepted the papers, describe them. Missing details can cast doubt on who received them.

What to Do After Filling Out the Form CIV-GP-18A-i- Affirmation of Service of Summons with Endorsed Complaint (Other than Personal Delivery)

1. File the affirmation quickly. Prompt filing strengthens your timeline and reduces disputes. Bring or submit the form to the clerk as allowed in your case.
2. Organize your proof package. Keep a full copy of the affirmation, plus any mailing receipts. Add notes of attempts, and any photos of posting if used.
3. Track response deadlines. Mark the defendant’s time to answer or appear. Use your filing date and service dates to calculate the window.
4. Monitor your mail. If your mailing returns, save the envelope. Note any forwarding labels, reasons, or dates. This can affect the next steps.
5. Prepare for questions. Courts often ask about time, place, and people involved in the service. Have your notes handy for conferences or hearings.
6. Correct errors quickly. If you find a mistake, complete a corrected affirmation. File it and identify that it replaces the prior version.
7. Plan for follow-up. If the defendant does not respond, consider the next step allowed in your case. If the defendant appears, be ready to move the case forward.
8. Limit duplicate filings. File one accurate affirmation per service event. If you serve more defendants, use separate forms for each.
9. Keep your calendar updated. Add any court dates set after filing. Confirm you listed service details that support those dates.
10. Stay consistent. Make sure the facts on the affirmation match the summons and endorsed complaint. Consistency avoids confusion and objections.