Compiled and Edited by ALAN H. CROWE NAPPS Administrator
ARIZONA HB 2260 (Gray) – Process Server
This legislation pertains to the service of persons involved in traffic violations detected by photo enforcement. It requires the process server to sign an affidavit stating the following: “I hereby certify that I have reasonable grounds to believe and do believe that I served the person named in the photo enforcement complaint.”It further provides that a false certification is perjury and that if the process server works for a private entity, the person shall no longer be a process server in this state. Status: Introduced 1/11/05. In Rules Committee as of 3/22/05.
CALIFORNIAAB 496 (Aghazarian) – Process Servers
Under existing law, attorneys and their employees and
private investigators and their employees who serve
more than 10 papers a year are exempt from having to
register as a process server under Section 22350 of the
Business & Professions Code. This bill would remove
that exemption for attorneys and private investigators
except as follows: Attorneys would be allowed to
serve process only in those cases for which the
attorney is providing services, and private
investigators would be allowed to serve process only
when the process being served is related to cases for
which the PI is providing investigative services. The
import of the bill is to make it clear that attorneys and
PIs shall have none of the rights and privileges of
registered process servers. Comment: Although there are other provisions in the
bill---one of the most important being that the clerk
would retain the original summons at the time of filing
the case---the above exemption provisions are the
most contentious. The bill is sponsored by CAPPS- The
California Association of Photocopiers and
Process Servers and is opposed by CALI—The
California Association of Licensed Investigators. Status: Introduced 2/16/05. In Judiciary Committee.
GEORGIA HB 17 (Hill) – Private Detectives.
Would amend Section 43-38-5 of the Code of Georgia (pertaining to the Georgia Board of Private Detective and Security Agencies)
to add the following new
paragraph (as amended on 3/10/05): (7) “The board shall
be authorized to require continuing education of renewal
for all persons required to be registered with the board
under this chapter. The board shall be authorized to
promul-gate rules and regulations addressing requirement
for continuing education and circumstances for which a
waiver of this requirement may be granted.” Status: Introduced 1/10/05. Passed/Adopted by House
3/10/05 and Senate 3/22/05.
HB 705 (Foster) – Registration of Process Servers
This is essentially a 2-part bill. Section 1 adds a new
paragraph to Section 9-11-4 of the Georgia Code which
permits any person authorized to serve process to be
granted access to a gated community for a reasonable
period of time to perform service upon showing the guard
a current driver’s license and evidence of current
appointment as a process server. Upon refusal of a guard
to comply, the process may be served upon the guard, and
it shall be as effective as if served on the defendant
personally. Section 2 of the bill adds a new subsection
(m) which establishes a state-wide registration of
permanent process servers. It would permit any resident
of Georgia engaged in the process serving industry for at
least one year to obtain an appointment as a permanent
process server by the superior court in the county where
the motion is filed. The permanent process server would
be entitled to serve for any court anywhere in the state.
Comment: This bill was introduced by GAPPS, The
Georgia Association of Professional Process Servers. It
currently has 10 sponsors.
Status: Introduced 3/4/05.
KENTUCKY SB 105 (Harris) – Sheriffs’ Service Fee.
This bill raised the fee a sheriff may charge for executing
and returning process from $10.00 to $20.00. Status:***SIGNED BY GOVERNOR 3/11/05***
MARYLAND HB 487 (Haddaway) – Electronic Service of Process
The Uniform Electronic Transactions Act was adopted in
Maryland in 2000. The primary purpose of this bill is to
define the meaning of certain words and terms in the Act.
Although the service of original process was not
specifically addressed in the bill, the following
amendment to the bill was introduced after a hearing
before the Economics Matters Committee on 2/15/05:
(D) This section does not authorize the use of an
electronic postmark or electronic postmark
certificate for the service of a summons, complaint,
or other papers for the purpose of obtaining
jurisdiction over a defendant in a lawsuit. Another
hearing was subsequently scheduled before the
Finance Committee but no testimony was taken
because there were no objections to the bill as
amended. Comment: CT Corporation had two representatives
who testified at the 2/15/05 hearing. They are the ones
who proposed the above amendment, which was
adopted verbatim. I spoke by phone with Delegate
Haddaway, who introduced the bill, and she explained
that the legislation only applied to transmissions
between consenting parties and was never intended to
apply to the service of legal process. She agreed to the
amendment in order to make that fact abundantly
clear. Status: Introduced 2/11/05. In Finance Committee—
First reading 3/22/05; Hearing 4/1/05.
MISSOURISB 493 (Kennedy) – Private Investigators
This is a PI licensing bill that would create the “Board
of Private Investigator Examiners” to regulate the
profession in Missouri. While the bill contains most of
the usual provisions in PI licensing legislation, it adds
an insurance requirement ($1 million liability and
proof of workers’ comp coverage) that is not required
in all states which have licensing. Comment: There are 11 exemptions to licensing in
this bill, but the most important exemption is not
there. That’s an exemption for process servers in the
act of serving process. NAPPS members in Missouri
are following this bill and have testified at one
hearing. Another hearing is scheduled for 4/4/05. Status: Introduced 3/1/05. Currently in Financial &
Government Organizations Committee.
MONTANA HB 596 (Koopman) – Process Service.
Existing law in Montana does not permit service on an
individual defendant by substituted service. This bill
provides that after an initial attempt at service has
failed, a summons, complaint or eviction notice may
be served on an adult (18 or older) residing at the
defendant’s residence, or at the defendant’s place of
employment upon an individual designated by the
employer to receive service. Both the adult at the
residence and the employer are considered to be
agents of the defendant authorized by law to receive
process. Another provision of the law mandates that a
financial institution immediately surrender to the
process server all available funds being sought under a
writ of execution. [Note: In contrast to virtually all other
jurisdictions, a registered process server in Montana may
act as a levying officer.] Status: Introduced 2/8/05. Judiciary Committee held
hearing 2/15/05 and tabled 2/16/05.
SB 231 (Laslovich) – Registered Process Servers
This bill revises laws relating to judgments and their
collection. In Montana a registered process server is also
a levying officer. This bill, among other provisions,
would clarify that a registered process server may make
service of process in any county in the state. Status: Introduced 1/14/05. Passed Senate 2/7/05. In
House Judiciary Committee 4/1/05.
NEBRASKA LB 11 (Landis) – Electronic Postmark
This bill authorizes the use of an email address in
communications with any person a state agency regulates.
It provides that a USPS electronic postmark may be used
to verify that a record of a state agency is true and
correct, and that the electronic postmark may be used in
lieu of certified mail, return receipt requested, to comply
with statutory requirements. It further provides that the
use or acceptance of an electronic postmark shall be at
the option of the parties to the communication. Finally,
Section (4) states: This section shall not be construed to
require a person or state agency to use or permit the use
of an electronic postmark, to authorize the use an email
address for service of process of legal documents upon a
party to a lawsuit. Status:***SIGNED BY GOVERNOR 3/9/05***
NEVADAAB 491 (Commerce/Labor) – Private Investigators
This bill makes numerous amendments to the existing PI
laws, among which are the following: Adds the words by
any lawful means in the description of services provided.
Makes the PI responsible for employing or contracting
with an unlicensed person to perform an act that requires
a license. Substantially increases a variety of fees such as
increasing the $750 application deposit to $1,500 for first
category of license and holding applicant responsible
(without limit) for the entire cost of the investigation. It
specifies certain activities which are not acts of
investigation for purposes of experience, such as service
of legal process, search for heirs, collection of debts by
telephone after debtor has been located, and repossession
of personal property after property has been located. And
lastly, fines for violating several of the PI laws literally
explode to double or triple or as much as 10 times the
existing amount. Nevada is tightening its hold on its
crown as the toughest state in the nation for licensing PIs
and process servers. Status: Introduced 3/28/05.
NEW HAMPSHIRE HB 694 - Interference with Service of Process
The purpose of this well-intentioned legislation was to
compel persons with knowledge of the location of a
defendant named in any litigation in a NH Court, to
give that information so the defendant can be located
and served. In the words of the literary wordsmith who
drafted this bill----To hide, obstruct, or withhold
information; to provide misleading, obfuscatory, or
false information; to assault, beleaguer, way lay,
obstruct, or interfere with any individual attempting to
make service was unlawful. Moreover, it subjected the
person withholding this information to criminal
contempt of court and up to 90 days’ imprisonment. Status: Introduced 1/26/05. Hearing held 2/9/05.
Majority report finding bill “Inexpedient to Legislate”
was adopted 2/23/05.
NEW JERSEY Proposed Change in New Jersey Rules of Court to
Create Status of Registered Process Servers The New Jersey Professional Process Servers Assn(NJPPSA) has drafted a proposed change to the New
Jersey Rules of Court that would amend Rule 4:4-3(a)
to add Registered Process Server as a person
authorized to serve original process. Currently, any
competent adult not a party to the action may serve
process in NJ. The proposed change would require a
Registered Process Server to undergo a criminal
records check, have one year experience in serving
civil process in NJ, and complete an approved course
of study on the service of New Jersey and federal
court civil process. Proof of continued education (12
hours of approved credits during the 3 years following
registration) would be required to maintain registered
status. Only sheriffs, court officers, New Jersey
lawyers and individuals specially appointed by the
court would be exempt from registration. Comment: We do not have the current status of this
proposed rule change.
NEW JERSEY AB 3462 (Diegnan) – Gated Communities.
As introduced, this bill would allow sheriffs and
constables to enter a gated residential community to
serve process on an individual residing therein
providing they present to the guard a photo ID and a
copy of the document to be served. A guard who does
not comply may be found guilty of contempt of court.
However, on 12/2/04, the bill was amended in the
Assembly Law and Public Safety Committee to 1)
make the bill applicable not only to sheriffs and
constables, but also to other persons authorized to
serve process; and 2) make it a disorderly persons
offense, rather than contempt of court, for a guard to
violate the bill’s provisions. Status: Introduced 11/4/04. Reported out of Assembly
Committee favorably with amendments 12/2/04.
AB 3668 (Russo) – Gated Communities.
This bill is similar to AB 3462. It would authorize service
of process in gated communities. It provides that the
guard at a gated community would be deemed an agent of
that gated community and would be authorized to accept
service for any resident or employee of that community
providing the process server provides proper
identification—a photo ID and a copy of the summons,
complaint or other document being served. Comment: The major distinction between this bill and
AB 3462 above seems to be this: If the guard refuses to
accept service the process server will be deemed to have
authorized access to the gated community for a
reasonable period of time in which to perform the service.
Also, the guard apparently commits no offense by
refusing to accept the document and, should he do so, by
then refusing to allow the process server on the premises
for a reasonable period to make service. Status: Introduced 1/10/05. Referred to Assembly Law
and Public Safety Committee.
NORTH DAKOTA SB 2142 (Lyson) – Sheriffs’ Service Fee.
Increases the fee sheriffs shall charge for the service of a
summons, subpoena or other notice and for making a
return of not-found, from $10.00 to $20.00. Status: ***SIGNED BY GOVERNOR 3/7/05***
OREGON
HB 2117 (Minnis) – PIs and Process Servers
We reported on this bill in the Jan-Feb issued of The
Docket Sheet. One of the principal objectives of the bill,
which was introduced by the Oregon Board of
Investigators, was to remove process servers engaged in
the service of process from its status as an exempted class
in the existing law. Among those testifying against this
part of the bill were the OAPS lobbyist, the OAPS
president, and the lobbyist for the collectors. I testified as
a representative of NAPPS. Subsequently, the Oregon
Board of Investigators amended its initial bill to put
process servers back in as an exempted class while
serving process. Neither OAPS nor NAPPS has any
interest in other provisions in the bill. Status: On 3/29/05 the bill came out of committee with a
recommended Do Pass with amendments.
SOUTH CAROLINA
In the last issue of The Docket Sheet we reported on the
recent legislation enacting the Uniform Electronic
Transactions Act and its providing for the use of a USPS
electronic postmark to perfect service of process between
parties who agree to conduct a transaction by electronic
means. The legislation is applicable only to service
upon corporations and partnerships where the service
is sent to an email address registered with the
Secretary of State. The Supreme Court of South
Carolina now has the job of drafting rules to
implement the legislation. NAPPS, with the assistance
of an expert in application of electronic postmarks, on
3/22/05 submitted a position paper to the Court setting
forth its comments and recommendations in drafting
these rules. (See comments in my Administrator’s
Report in this issue.)
TENNESSEE
Three bills HB 325, HB 564, and HB 1413 (and a like
number of Senate bills) are currently alive in this
session. All of the bills seek to regulate process
servers. HB 325 is being supported by TAPPS—Tennessee Association of Professional Process
Servers. It would enact the Private Process Servers
Regulatory Act of 2005. It would take process servers
out of the hands of the sheriff and put them under the
control of the Department of Commerce and
Insurance. Status: Charlie Fineberg and Benny Walker of
TAPPS are closely following this bill. While it is
unlikely to pass this session, it will be carried over to
the 2006 session.
SB 1632 (Norris) – Sheriffs’ Service Fee
This bill would amend Tennessee Code 8-21-901 to
increase the fee any sheriff or constable may charge
for the service of process, from $20.00 to $40.00. Status: Introduced 2/17/05. In Judiciary Comm.
TEXAS The Supreme Court of Texas---Docket 04-9225
Certification of Persons Authorized to Serve
Process Under Rules 103 and 536(a) of TRCP
Signed and Entered: Oct. 7, 2004
Rule change becomes effective on Feb. 1, 2005
Rule change extended to July 1, 2005.
The Court’s Order sets forth the procedure for persons
to become certified and serve throughout the state
without having to obtain 103 orders from a
multiplicity of courts. Applicants are required to file
with the Clerk of the Supreme Court a sworn
statement of no felony convictions, a criminal history
record which applicant has obtained within preceding
90 days from Texas Dept of Public Safety, and a
certificate from a director of an approved civil process
course (7 hours) completed within the prior year.
Certification is good for 3 years. Comment: Our
information to date is that the TPSA-sponsored bill
SB 165 is still viable and has a good chance of
passing. If it doesn’t pass, however, the Supreme
Court will put its rule change into effect. The Texas
legislature adjourns 5/30/05.
SB 165 (Wentworth) – Process Server Licensing
This is the Texas Process Servers Assn (TPSA) bill that
would regulate all persons who serve process in Texas.
Sets requirements for being a “license holder” and for
employee status as a “registered agent.” Would give
licensee/agent same authority as the sheriff in serving
civil process as well as being classified as an “officer of
the court” when serving process. Applicants must be at
least 18 year old, have no felony convictions or
misdemeanor convictions involving moral turpitude, and
complete an approved 8-hour seminar on serving civil
process. License holders would be required to have
insurance coverage, but no such requirement for
registered agents. Both licensees and agents would have
to meet continuing education requirements for renewal..
Educational requirement for license would be waived for
those applicants having at least 2 years experience
serving civil process. Comment: This bill is the latest attempt of the Texas
Process Servers Association (TPSA) to regulate process
servers and to get out from under the oppressive demands
of dealing with a multitude of courts in the 254 Texas
counties (and their inconsistent requirements) in
obtaining Rule 103 orders to serve process. Status: Introduced 1/11/05. Hearing held 3/16/05 in
Jurisprudence; another hearing on 3/23/05, and another
scheduled for 4/6/05.
VIRGINIA SB 1123 – Waiver of Service of Process
The bill adds a section to the Code of Virginia to permit
service of process by waiver. Bill essentially follows
Rule 4 of the Federal Rules of Civil Procedure in
specifying the procedure to be followed. Status: ***Signed by Governor 3/28/05***
WEST VIRGINIA HB 2296 (Stemple) – Sheriffs’ Process Service Fee
Bill increases the fee for service of any notice, summons
or other process where the body is not taken, and making
the return thereof, from $20.00 to $25.00. Status: Introduced 2/14/05. Passed House 3/30/05.
