New York City Process Servers Reach Agreement Over Record-Keeping Rules

• August 10, 2011
• by ServeNow Staff
• In the News

After a long battle over restrictive record-keeping rules proposed by the Department of Consumer Affairs (DCA), the New York State Professional Process Servers Association (NYSPPSA) and DCA have reached an agreement that satisfies both parties. NYSPPSA has withdrawn its lawsuit accordingly.

NYSPPSA President Larry Yellon voiced his thanks for the men and women who campaigned against the rules that could have made keeping records an almost unmanageable task for many process servers.

“I would like to give particular thanks to NAPPS for their generosity to NYSPPSA and all of the NYSPPSA members whose generous donations made our fight possible,” Yellon said.

Details of the amended city rules

The amended New York City rules are detailed below, as reported by NYSPPSA:

• Reporting requirement - Changes 24-hour reporting requirement to within two (2) business days after the last event recorded occurred.
• “Traverse” (contested service) - Modifies the reporting and research obligations for process servers and agencies when reporting the results of a traverse to DCA. The new rule significantly expands both research and reporting timelines and more definitively defines the search process.
• Filing process - The process server and agency will only have to keep the filing date of the affidavit if they physically filed it.
• Certified mailing - The process server will only have to keep the record number of a certified mailing only if they physically did the certified mailing.
• Record keeping - The amount of time process servers need to keep paper records is reduced from 7 years to 3 years.
• Digital records - The third-party option to maintain digital records have been changed. Now they can be generated at the time of the request as long as the records are kept by a third party in a manner that the process server or the agencies are not able to edit them.
• Corrections & edits - The new rule adds a method for licensees to correct typographical errors in or inadvertent omissions from an entry into an electronic format.

Next steps for NYSPPSA

Yellon said that the next mission for NYSPPSA is pursuing changes in the bond structure portion of the New York City rules, which could pose a major financial burden to agencies and individual process servers. The rules currently call for individual process servers to obtain a $10,000 surety bond, and agencies to obtain a $100,000 surety bond.

“The ramifications of that bond portion will not be evidenced until February 28, 2012, when all licenses are up for renewal and most bonds will be required,” Yellon said.

To learn more about NYSPPSA and the ongoing fight to maintain fair rules for New York City process servers, visit http://www.nysppsa.org.

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