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(a) General Requirements for GPS. A process server licensed pursuant to this subchapter must comply with the requirement of § 20-410 of the Administrative Code to carry at all times during the commission of their licensed activities, and operate at the time process is served or attempted, a device to establish electronically and record the time, date, and location of service or attempted service as follows:
(1) Equipment.
(i) The process server must obtain a mobile device, such as a telephone or personal digital assistant, that utilizes the software necessary to make an electronic record of the location where, and the time and date when, the record is made as determined by Global Positioning System ("GPS") technology or Assisted-Global Positioning System ("A-GPS") technology, and labels the record with the network date and time maintained by the mobile device, the DCWP license number of the process server, the DCWP license number of the process serving agency that has distributed the process for service, the name of the plaintiff or petitioner, the name of the defendant or respondent, the docket number (if any), the name of the person to whom process is delivered and a unique file identifier of the process being served.
(ii) The mobile device must be equipped with the software necessary to make an electronic record of the location where and time and date when the record is made, as determined by triangulated cell tower signals, if at the time of the effected or attempted service of process a GPS signal is not available.
(iii) The mobile device software must automatically add that location, time and date information to the electronic record as soon as a GPS or cellular signal reaches the device if neither a GPS nor a cellular signal is present at the time the process server causes the electronic record to be made.
(2) Operation of Equipment.
(i) On every occasion that a process server attempts or effects service of process, the process server must ensure that the mobile device makes an electronic record of the GPS location, time and date of the attempted or effected service immediately after attempting or effecting service. If no GPS signal is available at the time of attempted or effected service of process, the location, time and date will be determined by triangulated cell tower signals. The process server is not in compliance with this provision if its electronic record was made before the time of attempted or effected service. There shall be a rebuttable presumption that the process server was not in compliance with this provision if its electronic record is made more than five minutes after the time of attempted or effected service.
(ii) Reserved.
(iii) Each electronic record must include, at a minimum, the following information:
(a) a unique file identifier of the process being served;
(b) the name of the plaintiff or petitioner;
(c) the name of the defendant or respondent;
(d) the full index number, entered with all information necessary to identify the case, such as XXXXXX/XX, unless the case is a Civil Local matter, in which case, it will include the prefix of CV, CC, LT, MI, NC, RE, SC, or TS;
(e) the date that service was effected or attempted according to GPS or cellular signals, entered as MM/DD/YYYY;
(f) the time that service was effected or attempted according to GPS or cellular signals, entered as military time;
(g) the location where service was effected or attempted, which must include building number, street name, address details, e.g., apartment, suite, floor or room number, city or borough, ZIP code, which must be five digits, and latitudinal and longitudinal coordinates returned by the GPS device in decimal degree format;
(h) the name of the person to whom process is delivered;
(i) the DCWP license number of the process server; and
(j) the DCWP license number of the process serving agency that distributed the process for service.
(3) Contract for Services. The process server must enter into a contract with an independent third party who will provide services and perform functions described in paragraph (4) of this subdivision that enable the process server to meet the data storage and retrieval requirements set forth in such paragraph ("the GPS Contractor"), provided, however, that if the process server performs process serving activities distributed to them by a licensed process serving agency, the process server may utilize the device and facilities for the electronic record of service that the process serving agency obtains under a contract with a GPS Contractor.
(4) Data Storage and Retrieval. The electronic record must be automatically transmitted electronically from the mobile device to the GPS Contractor as soon as a GPS or cellular signal is available and location, date and time are entered into the electronic record. The GPS Contractor must store the electronic record according to the following terms:
(i) the original digital file must be maintained by the GPS Contractor unaltered for a period of not less than seven years;
(ii) neither the process server nor the process serving agency will be permitted to alter the original data, but may obtain copies of the original data file;
(iii) the GPS Contractor must maintain the records in a manner that will permit retrieval by the DCWP license number of the process server, which will be specified as a seven-digit number, where the first number must be zero if the process server's license number is less than seven digits, the DCWP license number of the process serving agency from whom the process served was received, or, if not received from a process serving agency, the name of such other person or firm from whom the process served was received, the name of the plaintiff or petitioner, the name of the defendant or respondent, the docket number (if any), the name of the person to whom process is delivered and a unique file identifier of the process being served;
(iv) the GPS Contractor must maintain the records in a manner that will ensure that their integrity is adequate for admissibility in a judicial proceeding under the rules of evidence applicable in the state of New York;
(v) the GPS Contractor must produce upon request by the process server or the Department, and to any other party according to an appropriate order or subpoena, a copy of the electronic records, or any reasonably described part involved, certified by the GPS Contractor to be true and accurate;
(vi) the GPS Contractor must provide to the process server or the Department upon request a street map in hard copy format and access to an interactive electronic street map that display the locations where the digital records were recorded with a date and time provided by GPS or cellular date and time;
(vii) the GPS Contractor must provide to the process server or the Department upon request, and to any other party according to an appropriate order or subpoena, the process server’s electronic record in the format provided by the Department on its website.
(b) Provision of Equipment and Services by Process Serving Agency. A process serving agency licensed according to this subchapter may provide to licensed process servers the device and services required by subparagraph (a) according to a contract with an independent third party. For purposes of this Rule, a third party will not be considered independent if any officer or owner of ten percent or more of the shares of the licensed process serving agency has any interest, direct or indirect, in the third party.
(c) Report to Department.
(1) Within sixty days after the effective date of this Rule a licensed process server must submit to the Department in a form approved by the Commissioner a certification that he or she has secured the contract required by this Rule and identifying the name, address and account number of the GPS Contractor(s) providing the required device and services. After sixty days after the effective date of this Rule, no process server license will be issued or renewed unless the applicant submits such a certificate.
(2) A licensed process server must submit to the Department an amended certification within two days of entering into a contract with a different GPS Contractor.
(3) In place of submitting the certificates required by the preceding provisions, the licensed process server may submit a certification in a form approved by the Commissioner affirmed by an owner or officer of a licensed process serving agency that the device and services the process server is required to obtain are provided by the agency under a contract with an independent third party.
(d) Compliance with all laws. Compliance with the requirements of this Rule does not relieve a licensed process server of the obligation to make or maintain records required by any other federal, state, or local law, rule or regulation.
(Amended City Record 9/23/2022, eff. 10/23/2022; amended City Record 12/31/2024, eff. 3/1/2025)
The licensee shall at all times strictly and promptly conform to all laws, rules, regulations and requirements of the federal, state and municipal authorities relating to the conduct of licensees and the service of process in the State of New York and the preparation, notarization and filing of affidavits of service; and the preparation and filing of affirmations of service and other documents, now in force or hereafter adopted during any license period.
(Amended City Record 12/31/2024, eff. 3/1/2025)
(a) Assignment of Process to Individual Process Servers. A process serving agency must not assign or distribute process for service to an individual process server who:
(1) is not licensed to serve process;
(2) has not complied with the requirements of § 20-406.1 of the Administrative Code;
(3) does not display integrity and honesty in his or her process serving activities; and
(4) does not comply with the recordkeeping requirements applicable to the service of process in the City of New York, including maintaining an electronic record of service.
(b) Compliance Plan. A process serving agency must develop and implement policies and procedures set forth in a written Compliance Plan to ensure that an individual process server acts with integrity and honesty and complies with the recordkeeping requirements applicable to process servers. Such Compliance Plan must include, but not be limited to, the following requirements for process serving agencies:
(1) The process serving agency must take appropriate disciplinary action against an individual process server who fails to comply with the law, including, but not limited to, suspending or terminating its employment, agency or other relationship with the individual process server;
(2) To ensure each process server's compliance with recordkeeping requirements, the process serving agency must:
(i) at least once each month, review for completeness and accuracy the records of each individual process server to whom it assigns or distributes process;
(ii) prepare a monthly written report of its review of the records maintained pursuant to 6 RCNY § 2-233 of each individual process server to whom it assigns or distributes process during that month;
(iii) maintain each monthly report for at least seven years;
(iv) maintain records of any disciplinary actions taken against the individual licensed process server;
(v) report to the Department in writing the name and license number of each individual licensed process server who does not comply with the law governing process servers within ten (10) days of learning of such non-compliance;
(vi) make available, upon request, to the Department a copy of its record review procedures, any written reports of the reviews it maintains, and copies of any referrals of individual process servers to the Department.
(c) Implementation Affirmation. A process serving agency in possession of a license issued by the Department on the effective date of this Rule must submit an affirmation to the Department that it has adopted a written Compliance Plan within sixty (60) days of such effective date. After the effective day of this Rule, no license will be issued or renewed until the process serving agency files with the Department an affirmation that it has adopted a Compliance Plan.
(d) Persons to Whom the Agency Assigns Service.
(1) A process serving agency must notify the Department in a manner designated on its website at the time of its application or renewal, or at such times as requested by the Department of:
(i) the names, addresses, and Department license numbers of each process server who serves process exclusively as an employee of the process serving agency; and
(ii) the names, addresses, and Department license numbers of each process server who serves process on behalf of the process serving agency.
(2) If additional process servers are assigned process by the process serving agency or a new process server is hired to serve process exclusively as an employee of the process serving agency after the date of such application or renewal, the licensee must notify the Department in a manner designated on its website within five (5) days of the new assignment or employee with the names, addresses and Department license numbers of such additional process servers.
(3) If a process server ceases to serve process exclusively as an employee of a process serving agency after the date of such application or renewal, the process serving agency must notify the Department in a manner designated on its website within five (5) days that the process server ceases to serve process exclusively as an employee with the name, address and Department license number of such process server.
(4) The process serving agency must advise the Department of any process server who is misrepresenting his or her license status or his or her compliance with the requirements of § 20-406.1 of the Administrative Code.
(Amended City Record 9/23/2022, eff. 10/23/2022)
(a) A process server must notify the Department in a manner designated on its website of the name and license number of the process serving agency for whom he or she serves process exclusively as an employee when applying for a license or renewal thereof.
(b) A process server must notify the Department in a manner designated on its website of when he or she ceases to exclusively serve process as an employee of a process serving agency within five (5) days that he or she ceases such employment. The process server must include the name and license number of any other process serving agency that he serves process exclusively as an employee.
(c) When applying for a license or renewal thereof, a process server must notify the Department in a manner designated on its website of the name and license number of every process serving agency which he or she has reason to believe assigns process for service to the applicant.
(d) A process server applying for a renewal of a licensee must notify the Department in a manner designated on its website of the name and license number of every process serving agency from which it has accepted assignment of service of process within the previous two years.
(e) A process server must keep a list of the name and address of each process serving agency that assigns service to the process server. The process server must maintain the list for seven years and produce it upon request by the Department.
(Amended City Record 9/23/2022, eff. 10/23/2022)
(a) A licensee may not sign an affirmation of service or notarize or cause to be signed or notarized an affidavit of service until all factual averments have been set forth. The licensee must include their license number on all affidavits of service and affirmations of service signed by them. On each affidavit of service and affirmation of service, the licensee must: (1) specify the papers served; the person who was served; the individual who was delivered service; the date, time and address or place of service; and the manner of service; and (2) set forth facts showing that service was made in an authorized manner. A process server purporting to serve a business entity by delivery of papers to an individual that the process server, upon personal knowledge, avers in the affidavit of service or affirmation of service to be the “agent,” “managing agent” or “general agent,” or other individual authorized to accept service, also must state in the affidavit of service or affirmation of service, at a minimum: (1) that the process server inquired if that individual was authorized to accept service and received an affirmative response; (2) that the process server inquired of the individual their name and job or responsibilities and the individual’s responses; and (3) facts confirming or explaining the statement that the process server knew the individual served was the type of agent specified in the affidavit of service or affirmation of service. The licensee must maintain a copy of each affidavit of service and affirmation of service for at least seven years in electronic form or as a paper copy.
(b) A licensee must not make any false statement in an affidavit of service or affirmation of service.
(c) The commissioner may deny any license application or refuse to renew any license, and, after due notice and opportunity to be heard, may suspend or revoke such license, if the applicant or person holding such license, or where applicable, any of its officers, principals, directors, members, managers, employees, or stockholders owning ten percent or more of the outstanding stock of the corporation, has been found, in connection with the applicant’s or licensee’s business, to have made a false statement in an affirmation of service or affidavit of service.
(Amended City Record 9/23/2022, eff. 10/23/2022; amended City Record 12/31/2024, eff. 3/1/2025)
(a) A licensee may not make any other false statement orally or in writing under oath or affirmation before any court, body, agency, public servant, or other person authorized by law to administer an oath, where the false statement is material to the action, proceeding or matter in which it is made.
(b) The commissioner may deny any license application or refuse to renew any license, and, after due notice and opportunity to be heard, may suspend or revoke such license, if the applicant or person holding such license, or where applicable, any of its officers, principals, directors, members, managers, employees, or stockholders owning ten percent or more of the outstanding stock of the corporation, has been found, in connection with the applicant’s or licensee’s business, to have made such a false statement.
(Added City Record 12/31/2024, eff. 3/1/2025)
(a) Whenever a process server or process serving agency receives any type of notice, including an oral communication, that a court has scheduled a hearing to determine whether service of process made or assigned by such licensee was effective, the licensee must submit a report to the Department in the manner designated by the Department on its website within ten days of receiving such notice. Such written report must include:
(1) the title and index number of the action;
(2) the court and the judge before whom the hearing is scheduled;
(3) the date(s) of the hearing; and
(4) the name and license number of every licensee who effected service or assigned or distributed the process for service.
(b) On request, such licensee must provide copies of all records, including but not limited to, routing sheets, the pages of the licensee's log book for each day on which service of the process in issue was attempted or effected, and all affidavits of service and affirmations of service, pertaining to the contested service.
(c) (1) The licensee must attempt to learn the result of such hearing, including any judicial order or voluntary settlement resolving the challenge to service of process, by making a written or email request to the party on whose behalf the challenged service of process was made or the party's attorney for a written report of the result of the hearing. Sixty days after the date of the scheduled hearing, if the party or its attorney has not provided to the licensee a written report of the result of such hearing, the licensee must search for the result in the file in the office of the clerk of the court where such hearing was scheduled to occur. If the clerk's file does not contain a result sixty days after the hearing, the licensee must search for the result in the clerk's file ninety days after the scheduled date of such hearing.
(2) The licensee must report to the Department in the manner designated by the Department on its website (i) within ten days of learning the result, or (ii) that it made attempts to learn the result and was unable to do so not later than one-hundred days after the scheduled date of such hearing.
(Amended City Record 9/23/2022, eff. 10/23/2022; amended City Record 12/31/2024, eff. 3/1/2025)
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