Process Server Laws in New York

Do I need a license to serve papers in New York?

New York does not require a state license for process servers, but New York City requires a license issued by the NYC Department of Consumer and Worker Protection. Process servers in NYC must be at least 18, pass a background check, and carry liability insurance.

Process Server Licensing

NYC Admin Code §20-404

In New York City, process servers must be licensed by the Department of Consumer Affairs.

Personal Service of Process in New York

CPLR §308

CPLR §308: Personal service on natural person by (1) delivery to person; (2) substituted + mail; (3) agent; (4) nail & mail after due diligence; (5) court-ordered if impracticable

How do I serve papers in New York?

In New York, process may be served by any person who is at least 18 years old and not a party to the action (CPLR §2103). Personal service involves delivering papers directly to the individual. If personal service cannot be made with due diligence, substituted service may be used under CPLR §308(4) — affix to door and mail.

Process Server Registration/Licensing in New York

§20-403

No statewide licensing. NYC (5 boroughs): Required by DCWP if serving 5+ processes/year (NYC Admin Code Title 20 Ch2 Subch 23 §20-403); $10k bond individual, exam, records. Agencies $100k bond. NYC DCWP

Who May Serve Process in New York

CPLR §2103

CPLR §2103(a): Any person not a party to the action, 18 years or older

Proof of Service / Affidavit Requirements in New York

CPLR §306

CPLR §306: Affidavit (notarized if private server) or certificate (sheriff), detailing papers served, person/date/time/place/method, description of person served, due diligence if 308(4). Filed w/in 20 days for substituted/conspicuous

Does New York require a notarized affidavit or penalty of perjury declaration?

New York accepts declarations under CPLR Rule 2106.

New York accepts affirmations/declarations under penalty of perjury per CPLR Rule 2106. Notarized affidavits are also accepted. In New York City, process servers must be licensed and may have additional filing requirements. The Mighty Affidavit Generator automatically applies the correct signing method for New York.

What proof of service form do I need in New York?

New York has no mandatory form; CPLR Rule 2106 accepts declarations. NYC requires licensed servers.

New York does not have a mandatory statewide form. CPLR §306 requires an affidavit by non-public officer process servers. Specialized forms include UD-3 (uncontested divorce) and CIV-GP-11 (NYC Civil Court mail service). NYC requires licensed process servers. Generic declarations are accepted under CPLR Rule 2106. The Mighty Affidavit Generator automatically selects the correct proof of service template for New York and fills it with your job data.

Criminal Protections for Process Servers in New York

§120.05

NY Penal Law §120.05(14): Assault (physical injury) to obstruct/retaliate against process server while performing CPLR Art 3 duties is assault 2nd degree (Class D felony). Process Server Institute

Property Access Rights for Process Servers in New York

§140

No specific statute on entering private property/gated communities; must avoid trespass (Penal Law §140). Process servers enter common areas like public but no forced entry privilege. [General trespass principles; no NY-specific PS statute found]

Service by Publication in New York

CPLR §315

CPLR §315: Court orders upon motion w/o notice if service per §314 actions cannot be made w/ due diligence by other methods

Personal Service Requirements

New York CPLR §308

Personal service must be made by delivering papers to the person to be served. If not available, leave and mail method applies.

Subpoena Service in New York

CPLR §2303

Civil: CPLR §2303(a) - served same as summons (CPLR 308 methods); trial subpoena on party CPLR §2303-a to attorney. Criminal subpoenas follow similar rules (CPL 610). NYSenate CPLR 2303

Family Law Service of Process in New York

CPLR §308

Special restrictions in matrimonial actions: CPLR §308(2),(3),(4) not permitted without court order per DRL §232(a); service by court-ordered method. NYCourts How to Serve

Small Claims Service in New York

§1809

Follows CPLR personal service (UDCA §1809, varying by locality e.g. NYC $10k limit); court often mails notice after plaintiff files claim. No unique departure from CPLR. NYCourts Small Claims

Unique Provisions for Service of Process in New York

§11

Civil process service prohibited on Sunday (Gen Bus L §11); or Saturday if defendant keeps Saturday as Sabbath. No general time-of-day limits. NYC licensing unique. No special gov't/military rules beyond CPLR

Substituted Service in New York

CPLR §308

CPLR §308(2): Deliver to suitable age/discretion person at actual place of business/dwelling/abode + first-class mail to last known residence/business (w/in 20 days); proof filed w/in 20 days, complete 10 days after