2013 Process Server Related Proposed Legislation

2013 Process Server Related Proposed Legislation

Bill Summaries and Links*

 

 

 

Arizona

http://legiscan.com/AZ/text/SB1054 - Recently Introduced Arizona Bill appears to allow AZ Certified Process Servers access to DMV records in certain circumstances

 

http://legiscan.com/AZ/text/SB1055 - Recently Introduced Arizona Bill appears to allow process servers unannounced access to gated communities

Georgia

 http://legiscan.com/GA/bill/SB113 - Georgia Bill would amend certain provisions relating to personal service of a summons on a corporation; to provide for related matters; to repeal conflicting laws

 

Hawaii

http://legiscan.com/HI/bill/SB1015 - Recently Introduced Hawaii Bill SB 1015- The purpose and intent of this measure is to clarify the reciprocity provision under existing law that allows the service of process issued by another state upon a Hawaii recipient.

 

http://openstates.org/hi/bills/2013%20Regular%20Session/SB1182/documents/HID00050152/ -

This Hawaii Bill SB 1182 would make clear who can serve Writs and includes language that allow "or other person authorized by the court" which as I read the bill would mean private process servers. Problem is it is my understanding that the courts ...in Hawaii have not formally defined how a court authorizes private process servers. See Bill SB1182 for the solution to the problem.

 

http://www.capitol.hawaii.gov/session2013/bills/SB1182_SD1_.pdf -

Very Interesting Bill in Hawaii Bill SB 1182 - I wonder is Process Servers in Hawaii know...

The legislature finds that process servers play an important role in facilitating a timely judicial process and protecting public safety. Civil process servers... in Hawaii are not required to obtain a license.

In light of ongoing concerns regarding service of process, the legislature finds that the department of public safety should more clearly define and delineate the duties and responsibilities of process servers under its jurisdiction and examine ways of certifying and registering its process servers.

The purpose of this Act is to require the department of public safety to convene a working group to clarify the duties and responsibilities of process servers under the department's jurisdiction, create a process of registration and certification of process servers, and address other relevant issues.

Illinois

http://legiscan.com/IL/bill/SB1724 - Illinois Bill SB1724 Amends the Code of Civil Procedure. Provides that if a person, corporation, or agent or officer of a corporation uses a post office box as a principal mailing address, service of process may be effectuated by having the person serving the process mail a copy of the process via both regular and certified mail.

 

Kansas

http://legiscan.com/KS/bill/HB2116 - Here is a recently introduced House Bill 2116 in Kansas that would make me nervous if I were a Process Server there... This bill appears to allow electronic service of civil process in certain circumstances... Someone correct me if I am wrong but I think Kansas already allows various forms of Electronic Service for Garnishments. Here is the interesting language:

"When a case is electronically filed and process is to be served under this subsection, the chief judge of each judicial district shall determine the procedure for service of process through an agreement with a local enforcement agency."

 

Maryland

http://mgaleg.maryland.gov/2013RS/fnotes/bil_0002/hb0192.pdf -

Maryland House Bill 192 - Service of Process Bill would Increase Sheriff's Fees

http://mgaleg.maryland.gov/2013RS/bills/sb/sb0554F.pdf - Maryland Bill SB 0554F Private Process Service – Licensing and Certification

 

Massachusetts

 http://legiscan.com/MA/text/S1129 - Recently Introduced Bill S1129 in Massachusetts would reform civil process operations for Sheriffs.

 

Mississippi

http://legiscan.com/MS/bill/HB233 - Mississippi Bill HB 233 would allow Sheriffs to charge reasonable expenses to serve process... Not to Exceed $45.00

 

Montana

http://legiscan.com/MT/text/SB331 - Recently Introduced Montana Bill SB 331would allow process servers limited access to private property to execute service of process.

 

New Hampshire

http://nhliberty.org/bills/view/2013/SB139 - Recently Introduced Bill SB 139 in New Hampshire appears to raise Sheriffs Fees to Serve Process

 

http://www.nhliberty.org/bills/view/2013/HB596 - Another Bill HB 596 in New Hampshire would eliminate Service by Leaving the Documents at the subjects abode (sub-service). In the alternative the documents wound be mailed by certified mail.

I wonder if New Hampshire Process Servers know about it.

 

New York

http://open.nysenate.gov/legislation/bill/A633-2013?goback=.nmp_%2A1_%2A1_%2A1_%2A1_%2A1_%2A1_%2A1_%2A1_%2A1.gmp_1447297.gde_1447297_member_214905217 – New York Bill A-663 AN ACT to amend the general business law and the civil practice law and rules, in relation to process servers. This one would regulate process servers throughout the state.

Oklahoma

 http://legiscan.com/OK/bill/HB1084 - Oklahoma Bill HB 1084 would place a few new requirements upon individuals applying to be private process servers

 

http://legiscan.com/OK/bill/HB2207 - Oklahoma Bill HB 2207 would allow service by publication to be posted to a court controlled website.

 

Texas

http://legiscan.com/TX/text/HB233/id/670596 - Texas Bill HB 233 - A BILL TO BE ENTITLED AN ACT - relating to the creation of the offense of obstruction of or retaliation against a process server.

 

http://legiscan.com/TX/bill/HB532 - Texas Bill HB 532 - relating to the creation of the offense of obstruction of or retaliation against a process server.

 

http://www.texasprocesswatch.com/files/HB1391.pdf - Texas Bill HB 1391 -Recently introduced Bill in Texas - H.B.1391 appears to simplify the rules that govern who can serve process. Those making money from the required certification programs and that sit of the PSRB are probably not going to support it.

 

Utah

http://le.utah.gov/~2013/bills/hbillint/hb0235.pdf - Recently Introduced Bill HB 0235 in Utah prohibits a sex offender or a person with a current protective order from serving process issued by a court. Makes me wonder if any other felons can serve process in Utah...

 

Virginia

http://legiscan.com/VA/bill/SB895 - Virginia Bill SB 895 recently Defeated would have allowed Service on a agents for service of process by posting on the agents door.

 

http://legiscan.com/VA/text/HB1754/id/679118-

Virginia HOUSE BILL NO. 1754 would reduce the number of days allowed for Service of Process after the commencement of a new action. Currently twelve months are allowed. This Bill would reduce it to 90 days.

Washington

http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bill%20Reports/House/1131%20HBA%20PS%2013.pdf – Washington Bill Recently Introduced State HB 1131 Brief Description: Makes assault of a legal process server an Assault in the third degree offense.

Service of process in an action ...or suit within 90 days of commencement of the action or suit against a defendant shall be timely as to that defendant. Service of process on a defendant more 90 days after the suit or action was commenced shall be timely upon a finding by the court that the plaintiff exercised due diligence to have timely service made on the defendant.

 

*This list was compilled by SOPLF and is not meant to represent a complete listing of all legislative activity.  It is just a resource you can refer to as you perform your own research.

 

Process Serving In A Digital Age

Process Serving In A Digital Age - By SOPLF Contributor Tiffany Olson

The legal guidelines for process serving have always been questionable at best. With the absence of federal laws concerning the industry, the entire legal scope of process serving has been left to the states. And while some states have done a better job than others in offering easily discernible rules for serving process, overall, the lack of uniformity among the states has created numerous gray areas at best and a complete jumble at worse. For professional servers, it can be extremely difficult to avoid legal trouble while simultaneously delivering an effective, efficient service.

The digital age has not made this any easier. How do you effectively serve a website like FaceBook or Google? What are the guidelines for serving online entities with no declared physical counterparts? The evolution of technology stretches the already variable rules and creates brand new gray areas to be considered.

But there are also many advantages to this new technology. One particular advantage of note is the use of skiptrace software. Skiptrace software is a set of programs designed to track down a given individual’s current whereabouts. In the process serving community, favorite software and programs include Facebook, Google, IRB, Accurint, Merlin, TLO, Tracers, and Skipmax. Each of these programs has it’s own strengths and weaknesses, but combining the use of two or three in your repertoire will typically be enough to track down your target.

While skip trace software allows servers to locate their targets, the question of the future is whether or not they can be used as an exclusive tool to actually make the serve. In the UK, for now, it would seem the answer is “Yes.” In December of 2012, lawyers in the UK were granted permission to serve a legal suit via Facebook. After more traditionally avenues of serving proved fruitless during a commercial dispute, Justice Nigel Teare gave the green light for a successful serve via the social media giant. This decision could, of course be appealed and overthrown, but for the moment, it seems we have entered a new dimension entirely.

Another major development corresponding with the rise of e-service is the cutting of local government duties, namely those pertaining to civil process. In many small to mid-size towns around the country, sheriff’s offices are getting rid of their entire civil process departments, opening up significantly more available clients to serving companies. Many legal departments are focusing on reducing crime in the face of lowered budgets, resulting in the privatization of more civil duties that have traditionally been performed by local government.

Advanced online databases and search engine optimization are helping serving companies to find and be found by a new host of clients. As the idea of e-service comes into its own, an increasing amount of the industry will be conducted online. The potential exists even now for 100% of the process to be performed remotely, although it will be some time before this becomes common place or even commonly feasible. The digital age has been upon us for some time, and the rules will only continue to change.

About the Author
Tiffany Olson lives in beautiful Northern California. By day she blogs for several small fledgling companies including AccurateDocumentImaging.com who specialize in court research, court filing, Red Bluff process serving, onsite medical copying.

Five Questions All Process Servers Should Be Asking Themselves

Five Questions All Process Servers Should Be Asking Themselves.

 

1.      Are you prepared for the next five years?

 

Being prepared for the next five years would require you to have specific goals and objective in mind and then to develop and execute on a road map that will assist you in accomplishing your goals. 

 

2.      Is it likely that the industry will face more government rules and regulations as the result of Sewer Service issues, the Robo-signing scandal and increased scrutiny form the FTC and CFPB? 

 

If you think it is likely what are you doing to position your business to be able to address the increased compliance requirements that will be thrust upon the industry? If you don't think it is likely then I would submit you are not paying attention.  There are bills pending in New York and Maryland right now that could have dramatic impacts on the industry. 

 

3.      Is the role of a Process Server more routine and repetitious than it was five years ago?

 

The reason this question is important is, as you look at industries that have under gone massive change in the last few years you will see a common theme…  Those that were the most routine and repetitions in nature were the most likely to have been disrupted and changed forever.  I would suggest that there are functions that process servers perform that could arguably fall into that routine and repetitious definition.  Service of Registered Agents is a good example of one of the areas where I suspect massive change is going to happen.  What other parts of your business model are being challenged?

 

4.      Is the image of process servers in the eyes of the Courts and our customers better today than they were five years ago?

 

I would submit the answer is no.  Google “Process Server Fraud” the unflattering results are too numerous to list here.  Given the recent rash of bad news in the industry, perhaps the better question is what are you doing about it?  How are you differentiating yourself and your business so as not to be associated with the element?  It is everywhere…  If the Courts and your customers have cause to question the integrity of industry we are all in trouble.

 

5.      Has the advance of technology implemented by the Courts and your customers in the last five years had an impact on your business?

 

You bet! In a big way and impact of those changes have been felt by many in the industry.  In several jurisdictions around the United States court runners who have long been a part of running most process serving agencies are being replaced at an alarming rate by electronic court filing.  Another example is AT&T is encouraging law firms to send them their Subpoena’s electronically.

 
I would submit that most in the process serving industry do not take the time to explore questions like these let alone think about and plan for what the next five years might have in store for the industry.  I contend that if you think the last five years have been a challenge then the next five will present a much larger challenge for the process serving industry. If the industry and your individual process serving company does not have a plan and is not prepared to confront challenges, then it is in my opinion eroding and dying a slow death.
 
My intent is not to be the bearer of bad news or doom and gloom but rather to encourage those that plan on being in this industry for the long haul to start thinking outside the box. The march of technology and evolution waits for no man or industry. It is up to you to reinvent yourself and your business or you will be left behind.
 
The evidence of the shift that is happening is everywhere in some cases the shift is gradually so gradual in fact that most don’t even see it.  While other shifts are so massive and disruptive that you almost have no time to prepare let alone react.
 
Here are a few examples of the shift I am talking about that are relevant to or are directly related to the process serving industry:
 
Electronic Notaries

State of Virginia Leading the way of Electronic Notaries - The challenge facing the global move toward electronic notarization is establishing a legally reliable approach for performing and evidencing the electronic notarial act and managing notaries’ electronic signatures and seals. Without a Virginia Standard that is aligned to the various national signature laws and emerging industry access control and secure messaging requirements, notaries could face the need to have access to multiple electronic signing credentials and systems. At the same time, every relying party should know that the electronic signature and seal of the Virginia electronic notary are as legally valid and reliable as the electronic signature and seal of a notary in any other jurisdiction.
 
Electronic Service of Process
 
State of Virginia Leading the way on Electronic Service of Process -  If the statutory agent provides for electronic service, the service of process may be served on the statutory agent electronically. If electronic delivery is used, sufficient proof of the electronic delivery shall be retained, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. The statutory agent may charge an additional fee not to exceed $10 for such electronic service.
 
Electronic Court Filing
 
State of California Leading the Way on Electronic Court Filing - As of January 1, 2013, eFiling is mandatory for all civil cases (complex, unlimited, and limited) except for small claims cases. See Superior Court of Orange County Local Rule 352. Note: paper filings in civil cases will not be accepted after January 1, 2013.
 
Fewer Paralegal and Legal Secretaries
 
It was just two years ago that the Bureau of Labor Statistics predicted an 18 percent growth rate in paralegal jobs through 2020, but now, according to an Associated Press analysis, a lot of that work is being taken over by technology replacing humans. “Those (paralegals) without technology knowledge and ability are at the highest risk,” says the Estrin Report

 

There are many other examples that I could cite that make the case that all industries must evolve and reinvent themselves if they are going to last and remain relevant. 

Are you prepared to do what it takes to start asking and answering the questions that will require you to examine where you are and where you see your business and the industry five years from now?    Process Servers must consider scenarios not just for formulating a strategy to respond to the future but more importantly, for inventing it. 

Is Service of Process via Facebook Viable?

Those that follow this blog know that I have documented and commented on Service or Process  by alternative means for the last few years.  Those alternative means have included email, fax, text, social media and others.   My intent is not to promote these manners of service but rather to call attention to it so that those in the industry have a better understanding of these developments and how they are impacting and shaping the future of Service of Process in the United States and throughout the world. 

Last week in my never ending effort to source more material that is relevant to the theme of this blog I happened upon a New Jersey Law Journal article entitled  - In Defense of Service of Process via Facebook by Mindi P. Fox who is an attorney at the firm Wolff Samson in New Jersey.

This article explores whether Service via Facebook should be seriously considered as a viable means of effecting service when other manners of service have been exhausted. 

"Due process demands that the court provide a plaintiff with the means necessary to best give notice of a claim to a defendant. Service by social media is a new opportunity to re-energize that timeless goal and should be strongly considered as a viable method of effecting service"

The article is definitely worth reading as it provide a lawyers perspective and analysis of the issues, challenges and opportunities associated with new methods of giving notice of a legal action. 

Jeff H. Karotkin



More Red Tape or Opportunity?

Recently Introduced Maryland Bill SB0554 - Requiring the licensure as a private process service agency of any person who provides specified private process service; providing for the terms and renewals of the licenses, qualifications for and duties of licensees, display of licenses, and required records of a licensee; establishing specified administrative, financial, and surety bond requirements for a licensed private process service agency; establishing qualifications for and duties of certified private process servers;... 

 

 

More fall out from NY's Sewer Service?  Or the result of continuing FTC or CFPB pressure on collection attorneys and debt buyers and process servers just caught in the wake?  Either way, I suspect more of the same to happen all over the country.  I will suggest that most successful among us will stop fighting but rather embrace this change and make it work for them.  I am not saying roll over and get steamrolled, get involved and shape it to your benefit.

Or perhaps NAPPS and its 800K treasury can save the day...  Yeah Right.  That worked out well in NYC.

 

by Jeff Karotkin