Process Server

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Important Information for Process Servers

PROCESS SERVING AGENCY MONTHLY COMPLIANCE REPORTS

Section 2-234a(b)(2)(i)-(ii) of Title 6 of the Rules of the City of New York requires licensed process serving agencies each month to review for completeness and accuracy the records of each individual process server to whom it assigns or distributes process. Every process serving agency must prepare a monthly written report of its review of the records maintained by each individual process server to whom it assigns or distributes process during that month.

This rule became effective on March 21, 2011.

DCA created a template that process serving agencies may use to prepare the Monthly Compliance Report.

Important:
Some licensed process serving agencies agreed to a Department consent order and must use DCA’s Monthly Compliance Report to comply with the review and report requirements. Each month, DCA will post a randomly generated audit date that these process serving agencies should use to answer Questions 30, 31, and 32 for every process server who served process on behalf of the agency during the previous month.

The randomly generated audit date for April is April 7.

If any process server to whom the agency assigned process during the month did not serve process on this date, please use April 30.

If any process server did not serve process on either of these two dates, please use the last day of the month that the process server did serve process.

The report must be made available to DCA upon request. Click here for an archive of audit dates.

RECORDS

ELECTRONIC DEVICES
Beginning November 12, 2011, process servers must carry and operate an electronic device that records GPS location while serving process.

Read the Final Rule

Download a list of software companies

Per the Rules of the City of New York, licensed Process Server Individuals and Process Serving Agencies must maintain records in an electronic format that is resistant to tampering. Licensees must maintain records by:

Entering the required information in a format provided by DCA as an Excel spreadsheet. Click here to download the spreadsheet.

OR
Using a third party document management system provided that records contain the fields outlined in §2-233a (3) (i) to (xiv).

OR

Scanning the required written log book into a PDF (Process Server Individuals ONLY).

TRAVERSE REPORT FORM
As part of its enforcement, DCA examines traverse hearings (hearings contesting service). Process servers must report a scheduled traverse hearing to DCA within 10 days of receiving notice. Submit the completed Traverse Report Form for Process Servers/Agencies and attachments following the submission methods listed on the form.

IMPORTANT

New York City businesses must comply with all relevant federal, state, and City laws and rules. All laws and rules of the City of New York, including the New York City Consumer Protection Law and Rules, are accessible using the Public Access Portal