NYC has the most regulated laws regarding service of process in the nation. Process servers have no power to prevent a person from getting evicted. Our job is to give the notice; the courts job is to decide the merits of the case. 

The process server is an integral part of the checks and balances system of the constitution of the United States and an important part of due process and the 5th and 6th amendment. We are the impartial, party whose role is to serve notice.

We serve process by following the NY State Rules Governing Process & the NYC Codes. The department of consumer affairs can and does audit these records at their discretion. If a process server fails to maintain these records to the satisfaction of the DCA he/she is fined $500 per instance, and if the credibility of the server is in doubt, their license is revoked. Most of the errors that are found in these audits revolve around the transcribed records kept in the hand-written log book which is a duplication of the electronic record having nothing to do with sewer service. Publicizing the results of audits involving minor record keeping errors will undermine the service of process and credibility of the individual process server.  

In instances that of questionable service, the law already has a remedy: Traverse Hearings.  These hearings were instituted to prove that service was done properly. The traverse hearing Judge can request a process server be investigated if he believes the server is involved in sewer service.

Most process servers are hardworking responsible people who feel they are providing a necessary service to the people of the City of New York. Since 2011 when code 20-chapter 2 sub chapter 23 of the city’s code was revised the number of process servers have dropped by approximately 70% to the a fluctuating 600 to 700 licensed process servers.

This change in civil code 20-406-3 bill Int 1258 to the Administrative code will cause even more process servers to leave the industry.  Loss of process servers is a detriment to due process.

Please sign this petition if you oppose the proposed amendment to 20-406-3  INT1258.