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Saturday, February 27, 2010

New York City Council Seeks to Crack Down on Process Servers Who Lie

Yesterday's New York Times published an article on the topic of Sewer Service. http://www.nytimes.com/2010/02/27/nyregion/27sewer.html


For those that have been following this developing story, you know this is the second effort in recent months by the NYC Council to regulate process servers in NYC. The first effort was unsuccessful primarily because the last session of the council ran out of time to pass the Bill.

This time around in a new session the sponsor has come back with an even stronger effort to further regulate private process servers who operate in the city and who forward process into the city even though they might reside outside the city or even outside the state. The Bill if passed in its current for would require process serving agencies to maintain a $100,000.00 bond and process servers to maintain a $10,000.00 bond.

The Bill also requires process servers to have a GPS device or other so called real-time tracking so that the process server can prove that they were where they claimed to have been at the time of the attempt or service event.

Essentially this means that the process server’s affidavit is no longer good enough! It means that there is no presumption that what the process server is attesting to is factual.

I am told that in order to get a Bond in the amount of $100,000.00, the process serving agency must be credit worthy in at least that amount. I suspect that will eliminate many agencies from being able to comply should this Bill pass.

This bill is a severe over reaction to a problem that came to light when ONE rogue agency was found to have committed sewer service. This bill is an attack on all in the profession and it must be fought and defeated.

The New York Professional Process Servers Association needs your support fighting this measure.

Please consider donating to the effort to fight this measure. You can do so by going to http://www.nysppsa.org/Legislative%20Fund%20form.pdf

The bill can be found here .