New York City process servers are required by the city to obtain a license and surety bond. There are no statewide licensing laws for process servers, but those doing business in New York City must follow rules set by the City Council.
How to get a New York City process servers’ license
A process server is someone who delivers legal documents on behalf of a lawyer�anyone serving more than five documents in a year must obtain a license. Businesses must also be licensed if they plan to assign, distribute, or deliver process to another for actual service. Process servers and agencies are licensed by the city Department of Consumer Affairs (DCA). Process servers do not need to be individually licensed if they are a licensed attorney in New York or if they are an employee of city, state, or federal agency acting within the scope of their position.
Those applying for an individual NYC process server license have the option to apply online on the DCA’s website or in person with the Basic Individual License Application. Other documents and information the DCA needs with the application include:
- Applicant’s photo ID
- Completed process server individual background information form
- Current passport-size color photo of applicant
- $10,000 surety bond (found on pages 4-5)
- Completed roster of process serving agencies (whether or not the applicant will be serving for an agency)
- Process server exam and $75 exam fee
- Electronic Device Certification
- Recordkeeping Certification
- Child Support Certification
- Granting Authority to Act Affirmation if the license is filed by someone who is not the applicant
- $75 fingerprints and processing fee
These licenses are good for two years and expire on February 28 in even years (2018, 2020, etc.). Process server applicants pay license fees based on the date of their application submission:
- Submitted between March 31 and August 1 of an even year�$340 fee
- Submitted between September 1 in an even year and February 28 of an odd year�$255 fee
- Submitted between March 1 and August 31 of an odd year�$170 fee
- Submitted between September 1 in an odd year and February 28 of an even year�$85 or $425 fee (Those renewing within six months of license expiration can choose to pay a prorated fee for the rest of the license term plus the rest of the next licensing term.)
The process server exam is 30 questions, and applicants must answer at least 21 questions correctly. If the applicant fails the exam more than twice, they must reapply for licensure and pay the $75 fee again. The DAC has compiled a list of FAQs about the exam for NYC process servers with information about registration, preparation, and other important details. Their page for process server licensing contains more details about applying online or in person.
Agencies applying for a New York City process server license can also apply online or in person with a Basic License Application. They are required to provide much of the same information as individual applicants, and need to make sure they have obtained any business certificates applicable to their business’s structure. They must also submit a Process Serving Agency Compliance Plan Affirmation. Visit the DCA’s process server agency licensing page for more detailed information.
Why do NYC process servers need a surety bond?
The $10,000 New York City process server surety bond is required as a promise from servers to their clients that they will follow all regulations as written in the NYC Administrative Code. If there is an instance in which a client suffers financial damage as a result of the process server’s unlawful actions, the bond gives the client a way to seek compensation.
Process server agencies need a $100,000 surety bond to guarantee their compliance with the same regulations. They assign or distribute process to individual servers, meaning they work with many process servers, hence the higher bond coverage amount. Their surety bond provides the same means for recourse as the individual process server bond.
Individual New York City process servers can also file a Process Server Individual Trust form with two proof of bond denials if they’re unable to obtain a surety bond. If they serve process only as an agency employee, individuals can file an Employee Bond Exemption form. Agencies must always obtain the $100,000 surety bond.
Ready to become a licensed New York City process server? Single Source Insurance can help you or your agency get bonded today!