Section 126. Notice to creditors; when service cannot be made  


Latest version.
  • The papers,
      specified in the last section, may be served, either upon  the  creditor
      or  his representative, or upon the attorney whose name is subscribed to
      the execution; and, in either case, in  the  manner  prescribed  in  the
      civil  practice  law  and  rules  for  the  service  of  a paper upon an
      attorney, in an action in the supreme court. Where it is made to  appear
      by  affidavit,  to  the  satisfaction of the court, that service cannot,
      with due diligence, be so made within the state, upon either, the  court
      may  make  an  order,  prescribing the mode of service, or directing the
      publication of a notice in lieu of service, in such manner and for  such
      a  length  of time, as it thinks proper; and thereupon, it may direct an
      adjournment of the hearing to such a time as it thinks proper.