Quick List Of Requirements To Apply For A Process Server Individual License
See Requirements section for detailed descriptions. Make sure you provide all requirements otherwise, your application is incomplete. DCWP can only consider complete applications for license issuance.
- Basic Individual License Application
- Process Server Individual Exam and $75 Exam Fee. You must schedule an appointment with ExamBuilder to take the Process Server Individual Exam.IMPORTANT:
- You can schedule the exam 24 hours after DCWP has processed your completed license application, which includes required documents and fees. You cannot schedule the exam until DCWP has received and processed required documents and payments. Once DCWP has processed your application, it takes 24 hours for your information to appear in ExamBuilders system.
- You have 60 days to take and pass the exam from the time your information appears in ExamBuilders system. You have a total of two attempts to pass the exam.
- You can schedule the exam in ONE of three ways:
- Online at dcaschedule.exambuilder.com. Enter your Record ID, then click Continue.
- You can find Record ID on your License Application Confirmation Page or payment receipt.
Check or money order payable to DCWP. Credit card . You will be charged a nonrefundable Convenience Fee.
Process Server Training: What You Need To Know
Have you been considering getting into a different line of work? Perhaps you want to start your own business and are looking for something interesting and a bit different from the usual entrepreneurial outlets. Becoming a process server could be just the new career that would fit you well.
Of course, if you are like most people, you have only a vague understanding of what a process server does and even less of an idea on how to become one. Lets get a closer look, so you can see whether it might be a new type of work that could appeal to you.
How To Become A Process Server
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 8 references cited in this article, which can be found at the bottom of the page.wikiHow marks an article as reader-approved once it receives enough positive feedback. In this case, 92% of readers who voted found the article helpful, earning it our reader-approved status. This article has been viewed 192,004 times.
If youre looking to make some extra money or perhaps change careers, you might consider becoming a process server. This job, which is also called service of process, requires delivering legal and court documents including summons and subpoenas. A process server either hands the documents directly to the defendant or gives them to another individual in the defendants residence or place of business. The requirements for becoming a legal process server vary by state, but by taking the time to determine your ability to successfully serve legal documents and recruit clients, you can start drawing profits as a process server.
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Who Must Have A Process Server Individual License
You must have a Process Server Individual license if you serve personally or by substituted service five or more processes in any one-year period.
You do not need a Process Server Individual license if:
- You are an attorney admitted to practice in New York State.
- You are an employee of a city, state, or federal department or agency acting within the scope of your employment.
This description is only a general explanation of which individuals need to have a Process Server Individual license.
Delivering Legal Papers During The Case
After the case is started by the plaintiff or petitioner, all legal papers that need to be served can be given to the other side in person or by regular mail, before giving the original papers to the court. Sample Affidavit of Service and Affidavit of Service By Mail. But, Orders to Show Cause are served the way the Judge says. If the other side has a lawyer, papers are only served at the address listed by the lawyer on the legal papers. Some legal papers, like motion papers, have time limits about when they have to be mailed. Whenever legal papers are served, proof of this has to be given to the court by Filing an Affidavit of Service. Remember, a party in the case cant mail or deliver the papers.
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New York City License
Apply for your license in New York City if you anticipate serving five or more processes in a year to Manhattan, Brooklyn, the Bronx, Staten Island, and Queens. Apply online or, if you prefer, download and complete the Basic Individual License Application from the NYC Department of Consumer Affairs . In addition, download and complete the Process Server Background Information Form, the Child Support Certification Form, and the Granting Authority to Act Affirmation . Pay the licensing fee by major credit card, check or money order made payable to the NYC DCA. Take your payment and forms to:
DCA Licensing Center 42 Broadway, 5th Floor New York, NY 10004
Go to the Department of Consumer Affairs Licensing Center to be fingerprinted. If you have applied online this must be completed within five business days. Pay the processing fee with check or money order made payable to the NYC Department of Consumer Affairs.
Bring a current color passport sized photo of yourself. When sending in your application online, upload a photo as instructed or bring it in with you at the time of fingerprinting. If you do not have a picture, the DCA Licensing Center will photograph you free of charge.
Obtain your New York City Process Servers Registry Ledger. This is a bound book that must be maintained per your license. The NYC DCA lists the following company as one of the book manufacturers for your consideration:
Fairmont Press, Inc. 121 Varick Street, 9th Floor New York, NY 10013
How To Become A Process Server In New York
Process serving is a part of the United States legal system, referring to the delivery of key legal documents like the complaint, summons, etc. It refers to the procedure through which notification is provided to the defendant as to the legal action initiated against them and is done to ensure that the courts personal jurisdiction requirements on the parties are fulfilled. If the defendant ignores further pleadings or fails to participate in the proceedings, the court may find the defendant in default and award relief to the petitioner.
The server can be a friend or relative, a co-worker county sheriff or marshal a process server or anyone over 18. However, it is necessary to ensure that whoever the server is, they are of age and that they are a disinterested party who is not remotely party to the case. The service then needs to be done so that the opposition has enough time to prepare. Finally, the server needs to fill out a proof of service form detailing the service report and return said proof to file the same with the county clerk in the court.
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What Types Of Skills Should A Process Server Have
You will need to have or be able to develop certain skills if you want to thrive as a process server. Although it might not be too difficult to become a process server, being good at the job and becoming successful can be tricky. Think about the sorts of skills that are needed for this job.
You should be good at reading people and situations. Sometimes, you will be serving papers to people who are at a rough spot in their lives. They can sometimes be defensive and difficult to talk to because they dont want to be served. They might lie to you, run from you, or even attack you.
While the job of a process server is not too dangerous, there is always the risk of someone becoming angry and aggressive. If there are threats of violence or actual violence, it should be reported to the police. Process servers need to be ready for anything, especially when dealing with someone desperate.
While the need to defend yourself is not usually a concern, it could still be a good skill to have just in case. It is always better to be safe rather than sorry. You will also find that your ability to empathize and talk people down from being angry are good assets to have. You need to know how to read people and how to determine the best places and the best ways to approach different people.
How To Get A New York Process Server License
Step #1: Fill out the Basic Individual License Application
There are two ways to submit an individual license application:
- Online submission: Click on Apply Online button on New York City Consumer Affairs website.
If you are an agency wishing to get licensed, complete the Basic Business License Application.
Step #2: Provide background check
Step #3: Turn in passport sized photo
- If you submit your application in-person: applicants can be photographed at the DCA Licensing Center at no cost.
- If you submit online: applicants can upload an image file of a digital passport photo quality.
Step #4: Purchase New York Process Server Bond
A process server bond is a type of surety bond that protects the courts and the clients you serve. Essentially, it is insurance for them, paid by you.
You can learn more about the bond claim process if someone were to make a claim on your bond.
In New York a Process Server Bond needs to be in the amount of $10,000 for individuals or $100,000 for agencies.
The amount you pay for your bond is largely dependent on your credit score. Generally, applicants with good credit can secure their bond at a rate of 1-4%. Applicants with not-so-great credit could have to pay up to 15% of the total bond amount.
- Complete Child Support Certification
Step #6: Pay licensing fees
Step #7: Submit license application
- Online: Click on Apply Online button on New York City Consumer Affairs website.
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New York City Process Service
New York City Process service, also known as “service of process, is the procedure employed to give appropriate notice of initial legal action to another party , court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunals. Notice is furnished by delivering a set of court documents to the person to be served, process service is performed by a process server.
Service Of Process In New York: The Basics
Dont serve papers on Sunday or the Sabbath!
Service of Process in New York is the serving of papers that start a lawsuit. Service of process rules must be strictly followed. According to the New York County Supreme Court, Civil Branch, Failure to serve properly can result in the dismissal of the lawsuit. The person serving papers must be over the age of 18 and cant be a party to the case. Papers may be served by a friend, relative or a process server. Papers may not be served on a Sunday, or on a Saturday if service is upon someone who celebrates Saturday as the Sabbath. See General Business Law 11.
Different service requires different rules!
The following is an excerpt from Supreme Court, Civil Branch, New York County, How to Serve Legal Papers
In relation to Service of Process in New York, most cases must be filed through the New York State Courts Electronic Filing System . Documents to be filed with the court must be e-filed through NYSCEF. This does not apply to matrimonial or Election Law cases.
A summons with notice or a summons and complaint must be served and proof of service filed within 120 days of getting the Index Number. In a special proceeding where the statute of limitations is four months or less, copies of the petition and notice of petition or order to show cause must be served and the proof of service filed within 15 days after the date the statute of limitations expires.
Personal Service on a Person
Nail and Mail Service
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I Need My Papers Served Asap
As a licensed agency we understand the complexities involved in hand delivering a defendant/recipient on the same day of receipt of information. However, we have established a system that mitigates these complexities and allows us to deliver your papers swiftly.
If you need quick delivery contact us now.
A Few More Things To Consider About Becoming A Process Server
If youre looking for a get-rich-quick opportunity, look elsewhere. Process serving is a real business and an integral part of the legal system in the United States.
Unlike trendy scams and fly-by-night schemes, the process server profession isnt likely to disappear anytime soon, and offers real financial security for those willing to do the work.
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If Papers Are Not Delivered The Right Way
If legal papers are not delivered the way the law says the papers may not count. For example, the Court may not read opposition papers to a motion if the papers were not served. If papers starting a case are not delivered the right way the defendant or respondent can tell this to the Court in the Answer or on the court date. This is a defense to the case. The defendant or respondent can ask the Court to dismiss the case for bad service. See Common Examples of Bad Service. If the Judge decides that the service is bad, the case is over. But, the plaintiff or petitioner can start the case again.
What Do You Need To Do To Become A Process Server
In some cases, a process server might have some legal experience already. Some may be former law enforcement officers, for example. Others may have no legal experience at all. There is no single background that will make an ideal process server. Those who are willing to learn and to put in the work can have a career in this field. However, it is important to note that the requirements for becoming a process server can vary greatly from one state to the next.
In most states, you will need to be at least 18 years old to become a process server. Also, you cant serve papers if you are involved in the case. This means that an attorney cant serve papers for their client in a case they are handling, for example. In some cases, you will need to be licensed by your state or by the county where you will be working. Other states do not have any requirements for licensing or registering to be a process server, which means that not all states will have any mandatory training.
However, even in states where training may not be required, it is always a good idea to get some training for yourself. Find a course or program that can provide you with all of the information you need when it comes to how to serve papers safely and effectively. Often, process servers will want to get other training and education to improve their investigative skills and knowledge. This can make it easier to find and serve papers.
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Additional Resources For Process Server Individuals
- For the laws and rules that may affect your business, visit our Laws page.
- Visit nyc.gov/processserver for DCWPs Process Server Portal. Use the Portal to submit Certification Concerning Service in Housing Court, Traverse Reports, and Roster Update Forms.
- Annual Audit and Certification Concerning Service in Housing Court. Twice a year, each licensed process server is required by law to submit electronically to DCWP a certification stating whether the licensed process server has served at least one summons, subpoena, notice, citation, or other process directing an appearance or response to a legal proceeding or administrative proceeding in housing court for the prior half-calendar year. Note:
- DCWP will email licensed process servers about the annual audit, including how to electronically submit certification via DCWPs Process Server Portal.
- You must provide an active email address to DCWP to receive emails about the annual audit. You must complete and submit certification right away after receiving an email from DCWP.
- New York City Process Servers Registry LedgerThis is a bound book that you must maintain in accordance with the regulations of this license. See New York General Business Law § 89-cc and Title 6, Rules of the City of New York § 2-233 for requirements.
- Electronic Records You must maintain records in an electronic format that is resistant to tampering. You must maintain records by:
Why You Need A Professional Process Service Made Easy
If youve ever tried to get an elusive defendant into court, or into a negotiating room, then you know its not easy. If you havent, you can trust us to know how people sometimes go into hiding to avoid a summons or a subpoena. Serving people takes cunning and ingenuity. We have lots of experience with that. We serve your legal documents no matter how much defendants try to hide. And we do it effectively, quickly, and affordably.
Theres more to serving legal papers than meets the eye. More than you see on TV and in the movies. Theres a particular protocol everyone has to follow to abide by state and federal law.
Process service is the delivering of legal papers to a specific business or a person. The service gives formal notice that a case is pending, or a subpoena commands a witness to appear in court or at a deposition. We have to follow the particular rules that leave no doubt the person or organization received the documents. Some documents have to be personally served delivered to that specific person, not a housemate or co-worker. No one else can take or accept in that persons name. For a business, that means serving the appointed agent.
How We Do What We Do
The rules for process serving are there for a reason. The rules are an unavoidable part of the legal process. As licensed professionals, we abide by those laws professionally and rigorously.
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