Subchapter 23
Process Servers
20-403 License required.
20-403 Definition.
20-405 Exceptions.
20-406 Applications;fingerprinting.
20-407 Fee;term.
20-408 Rules and regulations.
20-409 Issuance,renewal,suspension and revocation of a license.
20-403 License required. It shall be unlawful for any person to be employed as or
perform the services of process server without a license thereof.
20-404 Definition. a. A process server is a person engaged in the business of serving
or one who purports to serve or one who serves personally or by substituted service upon
any person, corporation, governmental or political subdivision or agency, a summons,
subpoenas, notice, citation or other process, directing an appearance or response to a
legal action, legal proceeding or administrative proceedings.
b. For the purposes of this subchapter the service of five or more process in any one year
shall be deemed to constitute doing business as a process server.
20-405 Exceptions. a. The provisions of this subchapter shall not apply to any
employee of any city, state or federal department or agency, who is acting within the scope
of his or her employment.
b. The provisions of this subchapter shall not apply to attorneys duly admitted to practice
law in the state of New York..
20-406 Application: fingerprinting. a. An application for such a license or renewal
thereof shall be made to the commissioner on a form prescribed by him or her.
b. The commissioner shall require that applicants for licenses issued pursuant to this
subchapter be fingerprinted for the purpose of securing criminal history records from
the state division of criminal justice services. The applicant shall pay a processing fee
as required by the state division of criminal justice services. Fingerprints shall be
taken of the individual owner if the applicant is a sole proprietorship; the general partners
if the applicant is a partnership; and the officers, principals, directors, and stockholders
owning more than ten percent of the outstanding stock of the corporation if the applicant
is a corporation. Any person required to be fingerprinted hereunder shall furnish to the
department three current passport-size photographs of such person. Notwithstanding the
foregoing, the commissioner need not require applicants for licenses required under this
subchapter to be fingerprinted if criminal history records concerning such applicants are not
available from the state division of criminal justice services.
20-407 Fee; term. The biennial license fee to be paid by such persons shall be
three hundred forty dollars.
20-408 Rules and regulations. The commissioner may make and promulgate such
rules and regulations as he or she may deem necessary for the proper implementation and
enforcement of this subchapter.
20-409 Issuance, renewal, suspension and revocation of a license. a. A license
issued hereunder may be suspended or revoked or its renewal denied by the commissioner
at any time for the failure of the licensee to comply with any rule, regulation or order
promulgated by the commissioner.
b. In addition to any of the powers that may be exercised by the commissioner pursuant to this
subchapter and chapter one of this title, the commissioner, after notice and an opportunity
to be heard, may refuse to issue or renew, or may suspend or revoke, a license required
under this subchapter if the applicant or licensee, or any of its principals, officers or directors,
or any o its stockholders owning more than ten percent of the outstanding stock of the
corporation has been convicted of a crime which, in the judgment of the commissioner, has
a direct relationship to such person's fitness or ability to perform any of the activities for which
a license is required under this subchapter or has been convicted of any other crime which, in
accordance with article twenty-three-a of the correction law, would provide a justification for
the commissioner to refuse to issue or renew, or to suspend or revoke, such license.
New York Process Server Laws
Process Service License Requirements and Fees
Procedures to Serve a Summons and Complaint in New York
Serving the Summons
After obtaining the summons and complaint from the clerk, the litigant must then have the summons and complaint served on the other side.
1. After the COPY of the summons has been served, the person who served it shall fill out an Affidavit of Service. You may download the
Affidavit of Service form now, or you may obtain a form from the Court Clerk.
2. Anyone over the age of 18 years, and NOT A PARTY to the action may serve the summons.
3. If you wish, you may hire a Process Server to serve the summons and complaint. See the yellow pages of the phone book to locate one.
4. A COPY of the summons shall be served on the defendant Personally or by Substituted delivery. If neither of those methods can be
achieved after diligent effort, the summons may be served by Conspicuous Place delivery:
a. Personal delivery: A copy of the summons and complaint may be served by giving it to the defendant in his or her hand.
b. Substituted delivery: A copy of the summons and complaint may be left with a person other than the defendant “of suitable age and
discretion” at the defendant’s residence or place of business. A copy of the summons and complaint must be mailed to the defendant in an
envelope marked “Personal and Confidential” within 20 days of the service on the substituted person. The envelope may not indicate that it
is from an attorney or that it concerns an action against the defendant.
c. Conspicuous Place delivery: If no one can be found to receive the summons and complaint by personal or substituted delivery after a
diligent effort to serve the papers (at least three attempts), you may serve the summons by conspicuous place delivery. This is also known
as “nail and mail.” This delivery requires that a copy of the summons and complaint be affixed to the door of the actual residence or place of
business of the defendant, normally with adhesive tape. A copy of the summons and complaint must be mailed to the defendant in an
envelope marked “Personal and Confidential” within 20 days of the affixing of the summons and complaint. The envelope may not indicate
that it is from an attorney or that it concerns an action against the defendant.
5. If the defendant is a corporation, the COPY of the summons must be served on an Officer or Managing Agent of that corporation. The
person making the service shall find out the name of the person served, and the office he or she holds in the corporation.
6. Service on the defendant may be made on any day EXCEPT SUNDAY.
7. After the summons is served, the person who served the papers must fill out an affidavit of service (see below).
If the defendant does not answer the summons and complaint you will need to mail an additional copy to the defendant before the court will
hold a hearing to determine the amount that you are owed. You can serve this notice now or at any time before the entry of a judgment. The
copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential.” The envelope
may not indicate that it concerns an action against the defendant. You will need to fill out a second affidavit of service for the additional
mailing and bring it with you to the inquest.
Affidavit of Service
1. After the COPY of the summons has been served, the person who served it shall fill out an Affidavit of Service. You may download the
Affidavit of Service form now, or you may obtain a form from the Court Clerk. The Affidavit of Service shall include a description of the color of
skin, hair color, approximate age, approximate weight and height, and other identifying features of the person served.
2. After the Affidavit of Service has been filled out the server shall sign it before a Notary Public, and have it notarized.
3. The Affidavit of Service filled out, signed and notarized must be returned to the Clerk's Office in the county where the action was brought.
Make copies of the summons and complaint and affidavit of service for your records prior to filing them with the court.
4. The defendant normally has twenty (20) days, exclusive of the day he or she is served, to appear in court and file an answer. However, if
the summons is served outside the City of New York, or by other than personal, in-hand delivery, the defendant has thirty (30) days to
answer from the filing of proof of service. When the summons and complaint were served by substituted or conspicuous service, the
defendant's time to answer does not begin to run until the affidavit of service is filed in the court.
*Procedures as stated by the Civil Court of the City of New York as of Dec. 2009. (For further reference visit the Civil Court Web Site)