The process serving industry is a function of the legal industry; the legal industry of New York. This is a complex, the New York legal industrial complex if you will.
Now, there is a very big Pro to all of this that we think well outweighs the cons but, being legal, being a complex and being New York it presents challenges, naturally.
This is why we have suggested that you come here and examine the cons first as we believe you would value clarity, transparency and context in our account as much as we would in yours.
To get licensed requires that you accept the typical humiliations New York City loves to dish, which, among a few other things, include finger printing and taking a test Is this a difficult test to pass?
No, not really although many people do fail initially. This test is very typical of such things where what’s tested doesn’t have much relevance to what you do day to day. But, this is no advanced calculus exam!
Here, it is best to think of this as a rite of passage so to speak; one that is easily dealt with.
No, not really although many people do fail initially. This test is very typical of such things where what’s tested doesn’t have much relevance to what you do day to day. But, this is no advanced calculus!
Here, it is best to think of this exam as a rite of passage so to speak; one that is easily dealt with.
The proper approach to quickly passing is test prep. This is not terribly complicated or messy as you just need to put a few hours (or less) into it.
The test prep guidance we’d provide has reliably turned multiple failures into an immediate passing grade.
You are allowed three tries to pass the test before license re-registering is required, but with proper test prep this should not happen.
As mentioned, we will offer full assistance in your registration and testing process; to the extent possible.
As far as the fee is concerned yes, we could help with that. On the other hand one could see the problem with offering that help before a person is known to us (and us to them).
So, where the fee is concerned, for the purposes of this conversation, you should expect to pay it but it is something that we can discuss as events unfold.
For more information on the steps for obtaining a license please see this link: https://www.nyc.gov/assets/dca/downloads/pdf/businesses/Licensing-FAQs-Exams.pdf
The process serving industry is a very old industry and in New York it is had its share of controversies.
The evolution of the licensing and regulatory regime can be understood mostly as a relatively flat line, with some big spikes in changes/activity, which come periodically.
Interestingly, this is a much easier business than it used to be.
And this license is valuable! It’s actually a very good time to be in this business in terms of the overall economy, earnings potential, and the regulatory regime, but more of that can be discussed down the road.
The controversies mentioned have resulted in two requirements important for you to know at this point:
A surety bond is required to get licensed. The surety bond is basically a promise to perform and is easy to get and very inexpensive.
There is some nuance to this however.
The surety bond is required for the licensee who will be working on a nonexclusive basis. There is an explanation of how all of this works in the Pros subject matter of this section (and on the DCA paged linked here).
Nevertheless, all the obligations of this work and licensing regime needs to be carefully accounted for and respected.
One such obligation is GPS based logging implemented some years ago. This is essentially an electronic logbook, an app you are required to use to record your service activity.
Here, our industry facing page may assist your understanding.
Behind the move to GPS was the idea that the process server would be incentivized (forced) to actually serve his cases instead of discarding them leaving respondents and defendants uninformed of the court case being brought against them (hence the term sewer service).
This infamous term had a basis in reality.
As previously mentioned, many things about this work are much easier than they used to be. There is much more to consider about that in the pros section.
Prior to the GPS implementation the process server was required to log all of his services in a paper logbook. For a while the two required logging procedures were in force, something unfair and unrealistic.
In time and by law, the paper logbook requirement was completely discarded. This lightened, substantially, the physical and mental load the process server was/is required to bear.
As said, this work has its very substantial upside to go along with the downside presented here. However, our focus right now are the cons so let’s look at what might be considered the difficulties in the day-to-day efforts of serving process in NYC.
First, exactly what your day-to-day efforts will look like can vary based upon what you bring to the table, the path you might choose or that best fits your situation. Those factors would also affect your earnings short-term, as well as the long-term potential of a career in this field.
Further, we believe our approach is substantially different than most typical industry options; which also makes affixing a particular number, earned within a particular time-frame, a bit more elusive.
That means together we must explore who you are, and what you want, in order to answer the all-important question of
So, at this moment, given these variables, we can only point to examples of what people in the field earn (“see assessment” section), and what one working with Process Legal Support (PLS) might have the ability to earn.
We can with some accuracy say hustlers in this work can make $30K part time up to $100K+ full-time and, who knows, with PLS there could be a lot more than that, depending on you.
At the moment (and historically) our work is concerned primarily with the
The assignments we handle have their basis mostly in nonpayment of rent, with others concerned with lease or other real property matters. This is what we shepherd through the courts for our clients.
The end game of actions brought in the housing court could end in a tenant’s eviction. But, overall, the number of evictions in New York City are much lower than one might think reading the papers.
Actually, only some 3% of cases (and in fact much less than that) brought will result in actual expulsion. This demonstrates that despite seeming somewhat chaotic, which it can be, the system does find a way to work.
However, being New York, 3% is not a tiny number and this is why in our work is important. It executes one of the great foundations of due process and so, always needs to be done as justly as possible.
With this in mind, let’s consider the more granular, day to day facets of this work:
Going everywhere is an important aspect to our operations and is appealing to clients. We cover a pretty wide swath of territory and you would help us manage that.
That should be considered a default understanding of our work.
However implementing “territorialization”, on the more microscale, can also be a very important function to our business/methods. Therefore, answers here become part of bigger conversations.
But this work is all about movement, speed and coverage.
We cover the five boroughs, some Westchester, Nassau and Suffolk County as well. You never know what might come up that requires we make a trip.
Despite the coverage area and ethos, concentrations, volume and territory are a very important components of our business model. In fact, that is our business model.
Nevertheless, always consider the default mentioned above.
This is a driving business and a vehicle of some kind and its proper commensurate license will be required.
Not having a vehicle may not be an insurmountable issue, but it is an issue we will have to face.
Aside from this necessity of a vehicle and its equivalent license, it is important to know that you are driving/riding New York City with all its inherent challenges.
Basically you are serving legal papers in court cases to individuals and businesses at their known residence or place of business (address) as described previously.
The case document of today carries quite a bit of information; making for some several pages.
However, they are not heavy so we can safely say that there is no heavy lifting in this work. But, you are carrying these documents to their ultimate destination which involves a few steps.
Getting into buildings, sometimes a challenge, knocking on doors, looking for people, asking for names and in all ways trying to complete the service in an unassailable way are all part of the process.
This is the essence of the work, with a high level of conscientiousness applied.
There is more on this in the pros section, but in short the answer is yes. It depends on the path you take and the makeup of work you would be assigned.
Nevertheless, the evening hours (not late-night) is a part of this.
Although people often think that this work can be contentious and lead to violence that is really not the case.
It is not to say that you might not have a few rough moments here and there with people who are having a difficult time or might in general be difficult.
However the interaction is short and there are several standard things you'd say that will be understood as constructive and disarming.
Also, the great bulk of these cases, overwhelmingly, are the sort of actions that tenants receive all the time. They are part of the complex/system’s approach to the housing court, and rent roll maintenance operations in general. There is no rancour.
Moreover, anything dangerous happening while carrying out this work is virtually unheard of. Perhaps this work is not for the faint of heart, but dangerous? Absolutely not in any meaningful sense.
Housing is a big issue in New York City, and everywhere else.
New York’s unique approach to the vastness of the subject matter is the specialized housing court. It is in the newspapers from time to time and has the attention of many people and groups.
Perhaps the housing court is even something you have had personal experience with; or at least have heard about.
Therefore you might be aware that it is, or can be a controversial and politically charged environment; this has always been the case. All that is part of the previously mentioned idea of this being a complex.
This can be a double edge sword; but one that works much more in our favour than not.
Yes. The peculiarities of this work, and especially this court, makes for the occasional need to show up to defend your service of a particular case in what is known as a traverse hearing.
A traverse hearing may be permitted by a judge in response to a tenant’s request given their assertion the service was improper.
It is somewhat typical for service to be disputed in the answers tenants and/or their lawyers will file to an action served.
This is done tactically, to give them some control/buy some time. They often know the service was compliant but are just hoping for something; like the process server not appearing. Much like people in traffic court take a chance the police officer will not show.
Perhaps some 5 to 10% of tenants challenge service in this tactical manner with their documentation in answer to the action served upon them.
However, an actual traverse hearing where one testifies is a pretty rare event. It comes up only sporadically.
Despite that, client attorneys may ask that you be available on a particular case, just in case it proceeds and you are needed.
This means that it’s so rare that you often might not be “commanded” to appear, but basically be on call.
Given all that, it’s part of the life and so must be understood.
It can be one of the distinctive and unpleasant aspects of the business that, on occasion, you might have to testify and be cross-examined.
Mostly proceedings in the housing court involves money, leases, possession of property and other technical matters of real property.
Therefore, a good foundation of proper work in the field is the best defense against annoying traverse hearings, and with that in place opposition will not amount to very much at all. Moreover, the litigatory opposition a process server faces under these circumstances is generally pretty weak.
Still, good preparation for handling oneself in court when questioned is important; and such training will always be provided.
In the end, as rare as they may be the traverse hearing is really what we are paid for.
Defending what you did, being able to describe what happened that day, who you saw, what you saw, the color of this, what’s across the street from that are the kinds of questions you will be asked for.
The approach PLS takes, from careful administration and systems, and the training and preparation of our people, will ensure that these matters are rare, safe and effective.
There is more, but these are the main points to consider as all things, good and bad, will come out in the wash of this process should you fully engage it.
Thank you for your consideration!
