Currently, as of 2011, the qualifications to be a process server in New York are a subject of great debate. Prior to 2010, there were no educational, training or licensing requirements for process servers in New York. However, within the last couple of years New York City has created strict requirements for process servers, and other areas of New York State are contemplating adopting these requirements as well.
Job Duties
Process servers are in charge of serving legal documents to parties who have been sued in court. Although the job does not require a great deal of skill, several states have specific licensing and education requirements. In New York, the professional requirements for process servers have been hotly disputed. The New York State Professional Process Server Association has been contesting the newly proposed requirements for process servers.
New York City Requirements
In New York City, you must apply for a license in order to be a process server. Attorneys are exempt from the license requirement, so if you are licensed to practice law you may also perform process server duties. If you are not licensed to practice law you will need to apply for a process server license. This will require passing an exam, proof of bond, maintenance of records in accordance with the city's rules and carrying an electronic recording device that complies with New York City's requirements. The term of the license is two years, and applicants may apply online.
State-Wide Requirements
Currently there are no state-wide requirements for process servers. If you intend to be a process server outside of New York City you will not need to take a test or apply for a special license. However, due to the strict requirements being imposed by New York City, it is possible that state-wide process server requirements may be implemented in the future.
Changes to Requirements
The proposed changes would force process servers to carry GPS tracking devices. As of early 2011 the systems have not been implemented, but it appears as though they will be implemented in the near future. It is important that process servers comply with all New York City rules as failure to do so could cause major legal problems for the party you are serving papers on behalf of.
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