N.Y. General Business Law 89-U – Process server records, penalties
§ 89-u. Process server records, penalties. 1. Each process server shall maintain a legible record of all service made by him as prescribed in this section.
Terms Used In N.Y. General Business Law 89-U
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
2. The record to be maintained shall include the following information, where applicable:
a. the title of the action;
b. the name of the person served, if known;
c. the date and approximate time service was effected;
d. the address where service was effected;
e. the nature of the papers served;
f. the court in which the action has been commenced;
g. the index number of the action, if known.
3. If service is effected pursuant to subdivisions one, two, or three of § 308 of the civil practice law and rules, the record shall also include the description of the person served, including, but not limited to, sex, color of skin, hair color, approximate age, height and weight and other identifying features.
4. If service is effected pursuant to subdivision four of § 308 of the civil practice law and rules, the record shall also include the dates, addresses and time of attempted service pursuant to subdivisions one, two or three of such section.
5. If the process server files an affidavit of service with the court, his record shall include the date of such filing.
6. Process servers shall retain each record required to be kept under this article for a period of two years from the date of service. Where a process server is employed as a process server by any person, a copy of such records shall also be maintained by such person at his principal office in this state for the same period.