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New York State Professional Process Servers Association

Assembly Bill A03939 Needs Your Support

09 May 2017 12:32 PM | Anonymous

Senate Bill S0029 Process Server Log Book/Record Bill has passed.  We now need to get  Bill A03939 through the Assembly.  It is incumbent upon ever NYSSPSA member to contact their assembly representative for the passage of this Bill.  Click below to find your Assembly Representative, then email the template below.  Time is of the essence.  Let Your Voice Be Heard.

Use the link below to find your assembly person's email address.

https://openstates.org/find_your_legislator/

Then copy and paste the text below in an email to your assembly person.

<----------- Copy Below --------------->

To Whom it May Concern:


The purpose of this letter is to promote passage of the above bill, which seeks to amend General Business Law Section 89-cc, requiring that process servers in cities of 1,000,000 or more maintain a paginated log book.   New York City is the only city in New York State with sufficient population to fall under the requirements of 89-cc.  Ironically, the state‚Äôs log book requirement affects the only location within the state that has its own regulations in place to document service of process.   

In light of ever-changing and rapidly advancing technology, use of a log book is archaic and burdensome.  It is a relic of the past.  It requires substantial additional work and time that would be better spent by the process server dealing with the many other aspects of effecting proper and sustainable service and maximizing efficiency, productivity and accountability.  In addition to being outdated, the log book is repetitive, due to the fact that strict service documentation guidelines are in place in New York City.   Pursuant to those requirements, the process server must upload GPS information to an independently maintained database that is preserved by a third-party provider proficient in the preservation and security of electronic records.  There is a limited and specific time frame after service within which process servers must thoroughly document electronically all services and attempts.  The New York City DCA is a vigilant watchdog of New York City process servers. Failure to comply with record keeping requirements will likely result in dire and punitive consequences for the process server.  The required documentation must bear a visible GPS tag, which confirms the location where the photo was taken, as well as the date and time the photo was snapped.  The records must be submitted, within a specified time frame, to a third-party vendor and be verifiable through the third-party vendor.   The vendor must retain the secured records and have the capacity to provide documentation of all attempts/serves made on each job and also within a certain time frame, in chronological order, just as the log book is intended to do.  The state law, requiring the log book, and the City law, requiring verifiable electronic verification, essentially have the same goal achieved by different means, and constitute unnecessary duplication of effort while serving no valuable purpose.    

The log book provides an undocumented, written timeline of services and service attempts.   There is no way to independently validate the information handwritten into a log book.  In contrast, the third-party companies through which GPS documentation is handled and maintained  are able to independently validate each date and time of attempt/service, should the service ever be questioned.  While this does not preclude a party from raising questions regarding the service, it does provide a solid method of verifying portions of the affidavit submitted relating to location, date and time, that is far superior to a written log book.

Almost every profession in existence has been changed by emerging technology.  Process serving should be no exception.  It is to the benefit of all who rely on process service to have a means to absolutely document information pertaining to the service.  Technology emerges from needs in specific areas to improve efficiency and save time and effort.  It seems ill-advised, at this point in time, to continue with an obsolete system of record keeping such as the process server log book.  It is less reliable than the electronic documentation required by the New York City regulations.  The reliability and uniformity of these records is far superior to that of a written log book.  


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