DocketEye

NY Service of process on a limited liability company

A plaintiff does not have to find you.They only have to find Albany.

In New York the Secretary of State is the agent for service of process on every limited liability company from the day it is formed. A plaintiff delivers the papers to the Department of State, and service is legally complete at that moment. The state then mails one copy to whatever post office address is on file for that company. Those are two separate events, and only the second one depends on your mail being read.

This page explains the mechanism, quotes the statute it comes from, and says what DocketEye does and does not read in New York. It is not legal advice, and it does not tell you any date by which you have to do anything.

The law and the mail are two different tracks

Almost every conversation about this confuses them. The left track is statutory and runs whether or not anybody reads anything. The right track is a letter.

Where the law and the mail come apart STEP 1 PLAINTIFF SERVES ALBANY THE LAW This happens either way. SERVICE IS LEGALLY COMPLETE ON DELIVERY TO THE SECRETARY OF STATE LLC LAW § 303 THE MAIL This is the part that fails. ONE LETTER, SENT TO THE ADDRESS ON FILE WHATEVER WAS FILED AT FORMATION, OR LAST CHANGED The left column does not wait for the right column. Where the law and the mail come apart STEP 1 PLAINTIFF SERVES ALBANY THE LAW This happens either way. SERVICE IS LEGALLY COMPLETE ON DELIVERY TO THE SECRETARY OF STATE LLC LAW § 303 THE MAIL This is the part that fails. ONE LETTER, SENT TO THE ADDRESS ON FILE WHATEVER WAS FILED AT FORMATION, OR LAST CHANGED The law track does not wait for the mail track.
The two tracks start together and only one of them needs you. A plaintiff who serves the Department of State has done everything the statute asks of them, and the letter that follows is the state discharging its own duty, not a condition of the service.

What that looks like, step by step

STEP 01

A dispute becomes a filing

A vendor, a contractor, a lender, a former partner or an insurer files a summons and complaint naming your company. Nothing has reached you yet, and nothing needs to.

STEP 02

The papers go to Albany

Their process server delivers duplicate copies to the Department of State. This is ordinary practice, not a last resort, and it does not require them to have tried to find you first.

STEP 03

Service is legally complete

At that moment your company has been served, under § 303(a). The case is live against it, and the court file says so.

STEP 04

One letter is mailed

The state sends a copy to the address on file. If that address is a formation service you stopped paying, an accountant you left, or an apartment you moved out of, the envelope still counts as sent.

Step 3 is the whole point of this page. Owners assume the case starts when they hear about it. It started two steps earlier, and the first thing many owners learn about it is a frozen bank account.

Read the address New York holds for your company

One company name is the whole ask. No account, no card, no email address. The record comes from the state's own open data, and the answer is not stored anywhere on our side.

Address read-back is New York today. New Jersey's free business search does not publish the registered agent or any address, so a New Jersey company can be looked up by name but its envelope cannot be read back. We never ask for your EIN or your Social Security number.