In this section you will find information about filing fees and service of process:

FILING FEES

I’m sure it’s not shocking to anyone reading this that there are filing fees associated with starting a court case, purchasing an index number (and with filing a motion,  picking up a certified copy of a court’s order, etc.) What may surprise some of the more naive folks is the fact that these fees are not minimal. In fact, they are downright hefty. Take a look. For people with low income (ie: many of our clients), the courts fee would certainly be prohibitive for starting a court case and so the courts in New York State (and everywhere else, I’m sure) have set up a way for people who qualify to become exempt from paying fees (certain other expenses may occur depending on the type of case you are involved in). In order to qualify for the fee exemption, a person must file an application for such.

The first step of application is filling out an Affidavit in Support of Application to Proceed as a Poor Person. A sample can be found here. The form may vary between counties so be sure you consult the county clerk’s office before filing.  The affidavit is fairly extensive. It should contain information about what it is that you are trying to file with the court, what your income and assets are as well as information about dependents and extraordinary expenses. Anything sworn to in the affidavit should be backed up with documentation like pay stubs, tax returns, receipts etc. The affidavit must then be signed in front of a notary public.

You must also provide a filled in Poor Person Order. The form looks like this. Again, confirm with the clerk’s office before filing that you have the appropriate form for your county.  The Judge will sign this, not you.

If you are just starting the case, you will likely also have to file a Request for Judicial Intervention (RJI). Find a sample here.

The next step is to take the affidavit with supporting documentation, poor person order and the document you are trying to avoid paying the fees for filing (for example: a summons with notice, summons and complaint or a motion) accompanied by your RJI down to the county clerk’s office located in the courthouse (every court has one).  The clerks will direct you from there. Just a side note: The court will take the original, MAKE COPIES. In my experience with clients, it takes anywhere from two weeks to a month to learn if you qualify. You will have to go down the courthouse again to pick up the signed Poor Person Order once it is signed by the Judge. If Poor Person status is granted, then the person is exempt from fees throughout the case. Though, I can assure you will be necessary to remind the clerk of your status every time something is filed.

A second side note: If your client is being represented by an organization that provides free legal services, it is likely their lawyer can submit a Poor Person Certification on their behalf and they will be able to avoid this whole application process.

And a third: Family Court has no filing fees.

See specific area of law’s page for more information about how to initiate a specific type of case.

SERVICE OF PROCESS

After you file a petition with the court, the next step is to serve the opposing party with the petition you filed and the summons, alerting them to the upcoming court date.

Intial court document usually have to be “personally served.” That means it must be handed to the opposing party. The person completing the service of the document must be: over 18 years of age and not a party to the action. This means that the person who started the case can not be the individual who  serves the papers. After the document is handed to the opposing party, the server must complete an Affidavit of Service and have it notarized. Find a sample used for a divorce case here. Make copies and bring this to the court appearance, the court will take your original.  When your client files the petition, it is likely that the clerk will provide them with an Affidavit of Service form and explain to them how the papers should be served. If the clerk does not, your client should ask them. Sometimes the Affidavit of Service has to be filed with the court prior to the first appearance.

If your client  has a hard time serving the other party in their action, they should document all of their attempts to serve. The server should complete an Affidavit of Attempted Service for each time they tried to serve the papers and have it notarized. This affidavit should have the server’s information and information about where and how they attempted service. Your client should still appear on the court date and explain the problems with service. The judge may order alternate service.

For Orders of Protection, your client can ask their local precinct to effectuate service.

The local Sheriff’s office will also serve papers but they usually charge a fee.

You can also hire process servers. You can find one by googling process servicers in your zip code.

After the court proceeding is under way, service is usually allowed by first class mail. Your client should speak with the clerk when they file any additional court documents about the time they have to effectuate this service. The opposing party has a right to be served prior to the next court appearance. The person who puts the envelope in the mailbox, effectuating service, should still be over 18 and not a party to the action. They must fill out an Affidavit of Service and the affidavit will be filed with the court.