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Terms & Conditions

All accepted work orders are FINAL & fees are NON-REFUNDABLE once the documents & payment have been submitted to us and you have provided authorization to move forward with the attempts to serve the designation individual or entity. 

Disputes/Charge-Backs:

All and every client these terms shall apply prior to service with the below indicated on the contract agreement:

All new orders are based on web advertisement, web search by search engines.
All repeated orders are from Original orders are based on web advertisement, web search by search engines;
 

These Terms & Conditions are listed on this Website on the Navigation and therefor shall apply to all orders;

I agree that once I authorize a payment after carefully reviewing the applicable invoice, fees are Non-Refundable and will not dispute the transaction with my bank or financial institution. 
I have been advised of the applicable rates by phone,email or website and have read and agree to all terms & conditions posted at:
www.empirestatelegalservices.com/terms--conditions


If a client chooses to file for a charge-back, the following shall be added to the prior quoted rate:
Charge-back Processing Fee:$50.00
Delinquent fee:$35.00
Account may also be placed in a collection agency.
If a collection agent is commenced, the above shall be responsible to all of the above charge-back fees, delinquent fee and additional 40% collection agents fee.
Our collection agency will attempt only 1 call and 1 letter if disputed or debt fees are under $500.00.
The debt will be reported to the credit bureau following these 2 collection attempts.

Rush Assignments

Rush assignments, which include (1)receipt of affidavits in under 10 business days; (2) service upon receipt; (3) same day service; or (3) next day service are welcomed, but higher fees will apply, and may vary based on the nature of the assignment.

Furthermore, charges shall apply on a "Per-Attempt" basis and fees are due in advance before each attempt on ALL rush assignments.  Accordingly, advance payment is required on all rush assignments. Furthermore, a deposit will be required with respect to awaiting the arrival of a package by means of any and all shipping methods. (applicable attempt price ranges from $200.00 to $235.00 depending on the location of the party served)$1.50 per-mile mileage fees(round trip) maybe added depending on the location to be served to be counted from the borders of the city of New York( one of the 5 boroughs).

Please note that all rush assignments submitted to us after 4pm with a request for next day service will be considered to be same day service and same day service fees will therefore apply. Serve -upon -receipt rush assignments will result in higher fess than same day service.  

Special Assignments that require Service of Process upon multiple parties or will require multiple attempts, will incur a charge upon each attempt made upon each party (applicable price ranges from $200.00 to $235.00 depending on the location of the party served). Special Assignments as well as address verification pertaining to special assignments shall be subject to an advance deposit.  Please note that affidavits of service will not be released under any circumstances until payment is made in full. All payments and advance deposits must be submitted as follows: a check submitted via overnight mail or credit card authorization filled out, signed and a signed agreement not to dispute the applicable fees. 

When Rush assignment is requested per a a request an verbal estimated amount will be quoted, however higher or lower fees may apply depending on the outcome

Subpoena Server Services will hold the client responsible for all the applicable fees at the end of the assignment.

In the case of Police involvement: In the event police involvement is required with respect to any services performed by Subpoena Server Services, additional flat rate fees of $150.00 by us in working with the Police shall apply.  You will be responsible for payment in full prior to release of pertinent affidavit(s) of service. 

Narrow Time Gap(typically under 2 hours) available to locate defendant in which client provides us with will be applied as a special or Rush assignment; appointed assignment in which a specific time provided to make an attempt will apply as special or Rush assignment;

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Non-Rush Assignments

For all non-rush assignments, in the event the first attempt is not successful, 2 to 4 attempts will be made at no additional charge. Please note that in order to be considered a non-rush assignment, we must receive the papers AND payment at least 5 business days (not including the day the documents are received) prior to the final date service is permitted by the courts. (NY family courts typically require service 8 days prior to the court date).

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Notarization and Affidavits of Service

 Notarization within the State of service will be accomplished at no additional charge; however, notarization within any additional State or States will result in additional fees. 

In the unlikely event that you have not received our affidavit of service, you must contact us no later than 3 days prior to your court date in order to arrange to pick your affidavit. In the event you instruct us to have the affidavit sent to you via Express Mail, you must notify us by writing as well as place a telephone call with us advising us of this request.  Please note that additional fees will apply unless you arrange to pick up the affidavit from us.  We can hand deliver the affidavit to you within the City of New York for an additional fee of $25.00($100.00 if delivery must be accomplished within 4 days of the scheduled court date.) In addition, please note that in case of non-routine affidavits of service, additional charges may apply.    

Affidavits of Service

Routine affidavits of service of New State Courts and New Jersey Courts will be prepared and provided to the client and at no charge.   out of state affidavits of service will be prepared and at no additional charge to the client so long as the said state permits the New York State layout of the affidavits.

States such as California Does Not permit the standard New York State layout and therefore must be prepared by the law firm following the service info from the process server.

The process server will then check that all  the service info is correct and will then sign or notarize said affidavit at no additional charge.

Be Accurate and Complete.

We rely on the information you provide. Incomplete or incorrect information (such as a wrong city, wrong borough, wrong state, missing or wrong apartment number, etc.) will result in multiple fees because process of service must be re-attempted in accordance with the correct information, which duplicates our effort and multiplies our expenses.

Specifically, please note that in the event of an unsuccessful service attempt as a result of (a) the relocation of the party to be served; or (b) an inaccurate address, a separate charge will apply to each new, corrected or additional address where attempt at service is made.  Additionally, process of service at multiple addresses will result in application of an additional FULL CHARGE to each additional new address.

Parties Evading Service

In cases where a defendant is purposefully attempting to evade service of process, requiring over 4 attempts at service, additional fees will apply.  Please let us know immediately if the defendant is likely to attempt avoiding service of process or has done so in the past.

Additional Fees:
   (i)   In the event the defendant's evasiveness requires investigation, an additional one time charge;   (ii)  We will inform you of the defendant's evasiveness and the applicability of the additional fees upon completion of the first attempt. 
   (iii)  Additional fees shall be applied and billed once you are apprised of the defendant's evasiveness and the application of the additional fees.

Stake – out services are available for an additional hourly fee of $150.00 per hour.  The number of hours expanded on each such assignment will vary based on numerous factors, including but not limited to the location and the frequency with which the party to be served visits the specified location. Stakeouts will incur a 3-hour minimum charge applicable even if the defendant is served promptly (the fees for allstake-out assignments are therefore $450.00 and above).  The hourly rate for all stake-out assignments are $150.00 per hour.

In the event that substituted service (e.g., “nail and mail”) is undertaken, additional charges for postage and handling will apply.  Although, the postage and handling fees may vary; such fees are never below $25.00. Incidental expenses such as tolls, parking, etc., if applicable, must be paid in advance. Please note that service by mail, without making any attempts at personal service, is generally only permissible if ordered by the court. If such is the case, you must provide us with the applicable judge’s name; additionally, we will require that you sign a written authorization and waiver for us to serve process in this manner. 

Non-Individuals

Attorneys:  (a) please ensure that the cover page sets out complete instructions for the server, such as the party to be served and type of documents to be served; (b) please make sure to provide your electronic mail addresses; (c) please note that affidavits of service will not be released to any law firm or solo practitioners that has an outstanding invoice of $150.00 or more until payment for services rendered by Subpoena Server Services is made in full; (d) please note that your client’s failure to pay for your services or any internal cash flow deficiencies do not extinguish or in any way limit or suspend your financial responsibility for any and all services performed by Subpoena Server Services. 

In the case of serving agencies, individuals, privet investigations firms or any other corporations: all payments to this office are due in advance in advance of any attempts at service.  In the event we have attempted to serve prior to receipt of applicable fees,  irrespective of the circumstances, affidavits of service with respect to such service of process WILL NOT be released until payment is made in full and a $35.00 late fee will apply within 24 hours of invoicing if payment not submitted promptly and shall be considered delinquent. Delinquent accounts shall be transferred to a collections agency fourteen (14) days after your failure to submit timely payment.

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Court Appearances/Traverse Hearings:

COURT APPEARANCE:
In the event a court appearance is required, you must notify I via telephone as well as in writing (via fax or e-mail). Once we are notified, we will provide you with a Court Appearance Form to be completed and returned to us, which will include the following information: 
(a) date, time and location of the hearing;
(b) the index number, docket number and case number; 
(c) the name of the Plaintiff and the Defendant, as well as the name of the individual that was served (known as the servee)
(d) the address where the servee was served;
(e) the court before which we will be appearing and the name of the judge (if known);

Please note that you will become liable for the fees as posted above;

In the event a court appearance is required, the following fees shall apply:

1.Hourly fees:  (i) $450.00 for the first 3 hour (each appearance has a minimum of three hours); (ii) $ $150.00 for each additional hour. 

2. Additional charges and expenses:  (i) a $50.00 flat fee for expenses; and (ii) $150.00 fee for preparation of documents necessary for the appearance. 

3.Attorneys: Steady law firms whom are in good standing with us: NO Deposit Required;

4.New Law Firms/Attorneys will require a $650.00 deposit in corporate check only;

5.Pro-Se: A $1,500 Deposit required in  Postal Money order ONLY, the above hourly rates at section        1 shall apply;

Fees will be refunded for the unused hours, however the 3 hour minimum shall remain even if testimony is complete promptly; 

Please note that the time expanded begins to run upon our arrival at the courthouse and continues to run until our departure irrespective of any delays, including delays resulting from any acts of the court, counsel the parties or witnesses.

Client will responsible for the above full payment regardless of the outcome of the case.

Please note that the Court Appearance Form and payment in full must be submitted at least 30 calender days prior to the scheduled court date.  We will not be held responsible for failure to appear if the Court Appearance Form and payment in full are not submitted timely. 
 

Court filling, service of process, Skip & Trace or any Service provided by Empire State Legal Services:
Please note that we will not be liable or in any way responsible for a court's rejection or any resulting complications with respect to documents that are submitted to us in incomplete, improper, or any form that is objectionable by the courts or fail to comply with applicable requirements or procedures at any stage of litigation. All documents will be filed and/or served exactly as they are submitted to us. We are not attorneys and hence, will not and cannot review your documents for accuracy, completeness or compliance with applicable procedures. 

All fees for our services will be due in full irrespective of the outcome of the attempted process of service or filing. Hence, you will be liable for payment irrespective of whether you have submitted incomplete documents, erroneous  documents,  wrongly prepared documents or any documents that fail to comply with applicable procedures. To insure compliance of your documents please contact an attorney. 

Skip & Trace
While our success rate is greatly improved with the use of this technology, we cannot and DO NOT guarantee success. The applicable fee of $125.00 is NON-REFUNDABLE irrespective of the outcome. 
Please Note: Service of process is not included in Skip Tracing search fees.
Full fees will apply at the new location found to be served.

Amended affidavits fees: (non-routine) $35.00 fee will apply.

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Late Fees

With respect to all attorneys and law firms; payment in full is due immediately upon receipt of our invoice.  A late fee of $35.00 will apply to all invoices that remain unpaid over 20 days from the date of invoice (“delinquent accounts”). 

Invoices over $250.00 and over will be responsible for 20% late fees if not paid within the above 20 day period.

In the event you have an outstanding invoice with us, all future orders shall require advance payment; no exceptions will be made. 

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Legal Action:

In the event of Non-payment for any reason of 8 week period, we will commence Legal proceeding with the Civil Court of the City of New York.

Returned/Bounced Checks:

A one time $15.00 bank fee will be added in addition to $50.00 processing fees to any stopped or bounced checks.

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Payment Methods: 

In  The Case of New Law Firm/Attorneys:

Payment is due by Credit/Debit card,or company check and we'd need an emailed copy of the check. if you DO NOT have a credit/debit card on file, and have not paid by check an affidavit of service will not be released till payment is made in full.

If you do have a card on file you will be allowed 7 calendar days to make a payment and affidavit will be released as a courtesy to you. you will be invoiced following the completion of service and will have to authorize the payment in writing, by email or fax with the applicable invoice number.

After Authorizing a payment via credit/debit card, fees are NON-REFUNDABLE and shall not dispute the authorized transaction;

Affidavits of Service WILL NOT be released till payment authorization form is submitted and processed: 

If you insist to mail out a check & ignore our policy and need your affidavit of service in an urgent matter, you must over night a check. check must be cleared prior to releasing an affidavit of service.

THE BELOW TERMS APPLY TO CLIENTS WITH RECURRING PAYMENT FORMS ON FILE:
Any account unpaid after 30 days may be turned over to a collection agency.  If collection proceedings are commenced, any and all customers shall be responsible for any reasonable costs associated with placement of an account with a collection agency and shall reimburse Subpoena Server Services for any expenses incurred in connection with collection, including but not limited to reasonable attorney’s fees, court costs, and the contingency fees for a collection agent. Please be advised that we have the right to turn over charge backs to collection agencies within twenty four hours of placement of the charge back and $50.00 processing fees will apply.

Limited Liability

In all cases, our liability is limited to re-serving your papers.

Submission of Documents

By submitting your legal documents to us, whether such submission is made via fax, electronic mail,  regular mail, personal delivery, or any other form of delivery;  you have agreed to all the above terms & conditions made applicable to all transactions with the Subpoena Server Services.

Please note that ALL documents must be submitted at once.  Whether you are submitting your documents via fax, electronic mail or regular mail, we do not take responsibility for lost documents or service of incomplete documents if such documents have been provided to us by means of multiple fax, emails or regular mail communications. Lastly, if your documents are submitted via PDF attachments to electronic mail, please attach ALL documents as a single PDF document; multiple PDF attachments will not be processed. 

 

Pick and or delivery service of any documents shall be priced at $25.00

Mailing to Copies To Opposing Parties:

In the event you qualify for Substituted Service (otherwise known as nail and mail) acceptable in some states such as New York State, process of service may be a permissible subsequent to 2nd or 3rd attempt at process of service.  For Substitute Service the following terms shall apply:

(i)  Subpoena Server Services will mail two (2) sets of copies of the documents to be served to the defendant; one set via Certified Mail and one set via First Class mail or, alternatively, one via Priority Mail and the second  via First Class Mail, which will evidence receipt of documents subject to process of service. 

(ii)  Prior approval of mailing noted in paragraph (i) above will not be obtained. We will proceed with the mailing automatically upon failure to serve the defendant. 
(iii) You will be responsible for a charge of $25.00 for the postage and handling associated with the mailing noted in paragraph (i) above. 
(iv)  You will be provided with a declaration of mailing in the affidavit of service as well as copies of mailing receipts for both sets of mailed documents.

(v)  Eligibility for Substitute Service is a determination that shall be made by you and not Subpoena Server Services. 

Please note that we do not offer advice or counsel as to application of Substitute Service to your matter, that is a determination to be made by you and/or your attorney. 

Legal Advice:
Empire State Legal Services does not offer legal advice under any circumstances. We do not have the authority to render legal advice on any matter, including deficiency of your document or the manner in which your documents must be served on the opposing party. If you require legal advice please contact an attorney or the courts. 

Submission of Original Documents or Copies:
It is your responsibility to determine whether copies or original documents must be served upon the opposing party(s). Under no circumstances will we be held liable for service of original documents pursuant to your specifications if you later discover that original documents were not appropriate. Similarly, we will not be held liable for service of copies pursuant to your request in matters where original copies are appropriate. We do not provide advice with respect to the type of documents that must be served, we shall serve the documents provided to us in the manner that you direct us. 

Non Routine or amended Affidavits (Editing/Customizing):
If you require an affidavit that differs from a standard affidavit of service, you must notify us in this regard and provide us with the pertinent specifications in advance. Please note the type of papers served as this description will be included in the caption of the affidavit. 
If you are an attorney or a law firm, please provide us with instruction on your letterhead. 
If you are an individual, please provide us with instruction on form A submitted with your documents. 
of individuals it must be on form A in which you Submitted your documents originally.
In the event you fail to comply with these instructions, an additional charge of $35.00 shall be applicable to all amendments to previously provided affidavits. 

Subcontracting to another company:

All of the above Terms & Conditions WILL APPLY  when papers are Sub-Contracted to a different company to serve your papers if payments and papers were submitted to Empire State Legal Services inside New York or outside New York and all clients shall be responsible for all of the above terms & conditions;