Process Service in New York

While the average consumer may not need to know every regulation regarding legitimate New York process service, they do need to hire a licensed process server who can effectuate service in accordance with all state and municipal laws. 

In order to be considered DCA compliant, your process server must:

• Be licensed in the state of New York. According to Title 20 of the New York City Administrative Code, it’s unlawful for an unlicensed individual to do business as a process server or to be employed by any process service agency.
• Keep an accurate record of all completed service assignments, including affidavits of service. Process servers are required by law to keep digital records of all completed service assignments. These records must be kept for at least seven years after the service is completed. Records are also crucial to the client hiring them, since any incomplete or illegal service won’t be recognized in a court of law. 
• Be familiar with the different procedures for serving an adult individual versus a minor, or serving a governmental agency versus the state. Experienced process servers understand the different methods of service required for individuals, businesses, and governments, and can ensure that service is effectuated accurately regardless of the recipient.
• Maintain current licensure. New York process servers must maintain their professional license as a server in order to legally effectuate service. Process servers who continue to work with an expired or revoked license are a serious threat to the success of your court proceedings.

The process server must attempt to effectuate in-person service at least twice before attempting to use alternate methods of service. All attempts must be documented and recorded.

All licensed New York process servers in the five boroughs must carry an electronic device that uses a global positioning system or Wi-Fi connection in order to electronically establish the date, time, and location of each completed service or attempt at service. 

These records must be maintained in an electronic database by the process server or by the agency where the process server is employed. 

New York law requires process servers to keep detailed records of every completed service. While much of that information is industry specific, the basic information includes the following: 

• The name of the individual being served
• The location, date, and time of effectuated service
• The nature of the papers being served, i.e. summons, complaint, subpoena, or court order
• The court where the proceedings are taking place

Process service can only be completed Monday through Saturday between 6 a.m. and 10 p.m. Service cannot be completed on a Sunday or on any religious holidays.

Once process service is completed, the person who served the papers must create and file a notarized statement called an affidavit of service. This document is a sworn statement that proves that service was actually completed.

Once the initial legal documents are served and a case has commenced in court, all additional documents served to the parties involved are considered “subsequent service.” 

Because the court has already established that all parties involved in the case are aware of the proceedings, the regulations for subsequent service are less formal. Often, any subsequent service needs can be met through alternative methods of service, including service by mail or electronic service. 

New York process servers cannot wear, display, or carry any type of badge, identification, shield, or other type of paraphernalia that implies they’re a law enforcement officer or other government official. 

Process servers are also prohibited from trespassing on private property, tampering with an individual’s mail, or committing any form of illegal activity in order to complete service.

Governmental agencies are served via the County Attorney (for counties) or Corporation Counsel (for cities) or to an individual specially designated to receive service. 

The rules for initial service for serving an individual and a business are the same, but in the case of a business or corporation, the papers are served to the CEO, acting manager, or business owner. Sometimes these papers can also be served to the New York Secretary of State.