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This entry was published on 2014-09-22
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SECTION 427
Service of summons
Family Court Act (FCT) CHAPTER 686, ARTICLE 4, PART 2
§ 427. Service of summons. (a) Personal service of a summons and
petition may be made by delivery of a true copy thereof to the person
summoned at least eight days before the time stated therein for
appearance; or by delivery of a true copy thereof to a person of
suitable age and discretion at the actual place of business, dwelling
place or usual place of abode of the person to be served and by mailing
a true copy thereof to the person to be served at his last known
residence at least eight days before the time stated in the summons for
appearance; proof of service shall identify such person of suitable age
and discretion and state the date, time and place of service.

(b) If after reasonable effort, personal service is not made, the
court may at any stage in the proceedings make an order providing for
substituted service in the manner provided for substituted service in
the civil practice law and rules.

(c) In any case, whether or not service is attempted under subdivision
(a) or (b) of this section, service of a summons and petition under this
section may be effected by mail alone to the last known address of the
person to be served. Service by mail alone shall be made at least eight
days before the time stated in the summons for appearance. If service is
by mail alone, the court will enter an order of support by default if
there is proof satisfactory to the court that the respondent had actual
notice of the commencement of the proceeding which may be established
upon sufficient proof that the summons and petition were in fact mailed
by certified mail and signed for at the respondent's correct street
address or signed for at the post office. If service by certified mail
at the respondent's correct street address cannot be accomplished,
service pursuant to subdivisions one, two, three or four of section
three hundred eight of the civil practice law and rules shall be deemed
good and sufficient service. Upon failure of the respondent to obey a
summons served in accordance with the provisions of this section by
means other than mail alone, the court will enter an order of support by
default. Such order of support shall be made pursuant to the provisions
set forth in section four hundred thirteen of this article. The
respondent shall have the right to make a motion for relief from such
default order within one year from the date such order was entered.