§ 20-409.1 Violations and penalties.

Any person who, after notice and hearing shall be found guilty of violating any provision of this subchapter, shall be punished in accordance with the provisions of chapter one of this title and shall be subject to a penalty of not less than seven hundred dollars nor more than one thousand dollars for each violation.

§ 20-409.2 Civil cause of action .

Any person injured by the failure of a process server to act in accordance with the laws and rules governing service of process in New York state, including this subchapter and regulations promulgated thereunder, shall have a cause of action against such process server and process serving agency, which distributed or assigned process for service, in any court of competent jurisdiction for any or all of the following relief:

   a.   compensatory and punitive damages, provided that punitive damages shall only be awarded in the case of willful failure to serve process;

   b.   injunctive and declaratory relief;

   c.   attorneys' fees and costs; and

   d.   such other relief as a court may deem appropriate.

§ 20-409.3 Reporting.

   Twenty-four months after the local law that added this section becomes effective, the commissioner shall submit a report to the speaker of the council regarding the effectiveness of these provisions on effectuating proper service and improving oversight over the process service industry. Such report shall include, among other things, the results of audits the commissioner has completed of process servers and process serving agencies, including information regarding their compliance with the provisions of this subchapter.

§ 20-410 Electronic record of service.*

* Editor's note: there are two sections designated as § 20-410.

   A process server licensed pursuant to this subchapter shall carry at all times during the commission of his or her licensed activities and operate at the time process is served or attempted an electronic device that uses a global positioning system, wi-fi device or other such technology as the Commissioner by rule shall prescribe to electronically establish and record the time, date, and location of service or attempted service. All records created by such electronic device shall be maintained in an electronic database by the process server, or if such process server is acting exclusively as an employee of a process service agency, by the process service agency, for seven (7) years from the date such record is created.

Subchapter 24: Electronic or Home Appliance Service Dealers

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.

§ 20-410 Legislative declaration.*

* Editor's note: there are two sections designated as § 20-410.

   It is hereby declared that the business of servicing electronic or home appliances has become the subject of great abuse. The public has been and is unprotected from unethical and financially unstable service dealers. The necessity for legislative intervention to protect the public and legitimate service dealers is hereby declared as a matter of legislative determination.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.