New York Process Service Laws, Rules and Procedures
Process Service License Requirements and Fees.

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 partnersif 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 Service Laws, Rules and Procedures

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.

 

Process Serving Requirements and Rules for New York City

New York State Process Service Laws and Procedures.

Papers must be served during regular calendar days, not during holidays or days observed by certain religious groups. For example, during holidays and Sundays process must not be served. However service can be effected on any day of the week depending on the judge's orders and the particular case. Additionally process servers must refrain from serving Jews and other Sabbath religious observants on Saturdays. On Sundays, and any other day of the week, orders of protection can be served regardless of the recipient's religion.

​

U.S. CODE TITLE 18, PART I, CHAPTER 73, §1501

Assault on Process Servers

 

Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or  whoever assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process, shall, except as otherwise provided by law, be fined not more than $300.00 or imprisoned not more than one year, or both..

​

​

Get Process Service Now.

Process Servers for New York City: Queens, Brooklyn, Manhattan and Bronx.

Tel.: 718-277-2968             Fax: 347-295-0244
Tel.: 718-345-0244     TakeHimToCourt@aol.com

 

​