What is 'Sewer Service' in the Process Service Industry and How Can It Be Prevented

"Sewer service" is a practice that has been used in the past by attorneys and process serving agencies in order to get default judgments on the party being served.  It was and sometimes  still used when let's say a debt collector fails to serve a notice of complaint and then files a false affidavit claiming the notice has been properly served. When the debtor doesn’t show up in court, the collector can then apply for, and almost always wins, a default judgment.  This was a practice abused in recent years in New York City by process servers.

During the foreclosure crisis in between 2007-2010 there were many instances of "sewer service".   There was a crisis in the process service industry in New York City. According to the New York City Bar Association, in 2009, 66% of the 241,195 consumer debt cases initiated resulted in default judgments, often after “sewer service.” As a result, each year tens of thousands of New York City residents are deprived of their due process right to be heard before judgments are issued against them, resulting in frozen bank accounts, ruined credit ratings, and other devastating consequences.

The Department of Consumer Affairs regulates process servers that serve legal documents in the City of New York.  In 2012, the Department of Consumer Affairs promulgated new rules under the Administrate Code that provided process servers have to take a test to receive or renew their licenses, maintain an electronic log in addition to paper records of their attempts to deliver papers and carry a GPS device, among other things. The new rules also make the process-serving businesses more responsible for the behavior of the people working for them.

Although these rules have been enacted, the practice of "sewer service" is still taking place.  In 2016, a process serving company was allegedly hired by many high-volume debt collection law firms in New York to serve collection lawsuit papers. This usually consisted of a summons and complaint which notifies consumers that they are being sued. The process service agency often neglected to actually serve the papers as required by law, instead engaging in the highly illegal practice of “sewer service” according to the charges.

If you are concerned about  "sewer service" and need to hire a professional process service company in New York City, DJ&H Process Service is the one you should call.  We hire licensed process servers and monitor their actions through GPS and other methods to make sure that service is done correctly and does not violate the law.

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