Solution to Sewer Service?

There has always been a problem with sewer service in the legal field. What is sewer service? It’s a term of art used in the legal community to describe the actions of some process servers who claim to serve someone and they in fact did not. Personal service in a legal action has great ramifications because once a person is personally served, if he or she does not take action, a default judgment can be entered against him/her without being heard.

One proposed solution to this problem is the requirement of process servers to upload their location via GPS to a third party indicating the exact location at which the service took place.  “When the process server completes the service, the information is sent to the database, checked by the office personnel, then an affidavit [of service] is generated from the information in the database.”

There is currently proposals to require this service of all service done within New York State. Some companies have already implemented this service into their routine. One process server I spoke to states that it’s not too much of a hassle to comply with this GPS upload. The benefits of such a program are yet to be seen but it appears to be a step in the right direction.

Rumor around the legal community also states that there is a proposal to require the process servers to take a photo when they serve someone. Attorneys have expressed constitutional issues arising out of such practice but no legislation has yet been passed requiring this.