Smile You’ve Been Served

GPS Rule (Section 20-104 (a) of the New York City Administrative Code) for process servers went into effect on November 12, 2011.

Licensed process servers are now required to carry and operate a device to electronically record the date, time and location of service or attempted service of process. The rule requires that all attempts of service made within the five boroughs of New York City are to be documented by a GPS encoded, date and time stamped photograph. The photographic record must include the GPS location, date and military time, the DCA license number of the process server, the DCA license number of the process serving agency, 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 was delivered, and a unique file identifier of the process being served.

The purpose of this rule is to prevent the false service of legal papers commonly known as “sewer service”or just “bad service”. The rule is a victory for creditors also. Allegations of improper service are often interposed in breach of contract cases to forestall payment of a debt just and owing. Maintaining a photo of the party served with process will make it almost impossible for the party served to prevail on a claim they weren’t served thus avoiding further delay and unnecessary hearings to determine the propriety of service. Smile, your debtor’s been served and you are closer to getting paid.