New York Process Servers Still Working Toward Fair Laws

• May 16, 2011
• by ServeNow.com Staff

NAPPS President Larry Yellon recently issued an update on the ongoing negotiations between the New York State Professional Process Servers Association (NYSPPSA) and the New York City Department of Consumer Affairs (DCA). A summary of his update follows.

Summary of Proposed Amendments

On June 13, 2011, a hearing will be held that will cover both Digital Record Keeping for Licensed Process Servers and Agencies, and GPS Requirements for Licensed Process Servers. Yellon listed the following amendments that will be addressed pertaining to digital record-keeping for New York City process servers:

• The process server and Agency only have to keep the filing date of the Affidavit IF they physically filed it.
• The Process Server will only have to keep the certified rec. #  of a certified mailing IF they physically did the certified mailing.
• Changes the time period for keeping the paper records from 7 years to 3 years.
• Process Servers and Agencies will NO longer be mandated to research and report the results of the traverse.  They do have to send a request for the result to the opposing party.  If that request is fulfilled then the Licensee must forward the results to DCA.
• Process Servers and Agencies no longer are mandated to send all the information to the DCA regarding a service if a traverse hearing has been set.   Licensee will still have to notify DCA of the hearing but they only need to supply the case information upon request from DCA.
• The third party option to maintain digital records have been changed so that now they can be generated at the time of request as long as the records are kept by a third party whereas the records are stored in such a manner that the process server or the agency is not able to edit them.
• If the Process Server or Agency decides to type the records into the DCA mandated spreadsheet the security settings for those have been changed so that the licensee must keep them on a write-once CD or DVD.  You must keep a copy of the CD or DVD onsite and offsite.
• It adds a method for licensees to correct typographical errors in or inadvertent omissions from the entry into electronic format of the information contained in the individual process.

Yellon stressed that the negotiations are still a work in progress. There are at least two aspects that NYSPPSA is still unsatisfied with regarding these amendments:

• The 24-hour time period that process servers have to secure the digital records that the city is mandating on process servers and agencies.
• The DCA's demand for additional funds from process servers who fail to obtain a $10,000.00 bond. According to Yellon, "The Agency's requirement to mandate a NON-REFUNDABLE and RECURRING payment of $1,000.00 is not within the confines of the law."

How to Support New York City Process Servers

To support the NYSPPSA in its continued quest to institute fair laws for process servers in the City of New York, you can either donate to their cause or attend the June 13 public hearing. For more information, visit www.nysppsa.org.

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