Sewer Service: A Catalyst for Mandatory Process Server Certification in California

• January 29, 2013
• by Clifford Jacobs

Editor's note: This article was written by an industry professional and guest contributor. The views and opinions in this article are of the author and do not reflect the views of ServeNow. If you are interested in becoming a guest contributor or have a story to share, send an email to [email protected].

In April 2009, the New York Attorney General Andrew M. Cuomo arrested the owners of a Long Island process serving company based on a pattern of filing false affidavits claiming service had been effectuated when it actually had not. This was not a new concept in New York. It had actually been on the radar for decades as evidenced by a 1971 ruling affirming the conviction of 2 process servers for their systematic practice of signing affidavits affirming delivery to named defendants when they had not served, or in many cases even attempted to effectuate service. (United States v. Wiseman - 455 F.2d 792 (2d Cir.), cert. denied, 404 U.S. 967 (1971). What brought this matter into the limelight in 2009 was the fact that this case prompted the Attorney General’s office to seek to vacate over 101,000 court judgments throughout the state, which were obtained by debt collection law firms that had used this Long Island process serving firm; thereby popularizing the term “sewer service” as commonly referring to the practice of affirming service, when in fact service had not been effectuated (and in some instances not even attempted). Due to the magnitude of potentially vacating this huge number of judgments, national attention was brought to this matter and with it came scrutiny of process serving practices throughout the nation.

What was a relatively unknown or seldom used term in our profession until 2008 is now widely used (sometimes misused) and is being thrown around often enough to have us all serving in its shadow, fending off generalizations that sewer service is a predominant occurrence. Those of us who strive to embrace the highest standards in ensuring due process are sometimes finding ourselves in a defensive posture, asserting that shoddy practices in our arena are the exception and not the rule. That brings me to the subject of process server certification.  

In an effort to combat the negative press and connotations of sewer service, many of our peers are embracing the idea of mandatory certification as a means to raise the standards of our profession, and the perception of process servers in general by having a more knowledgeable and better-trained body of process servers in the field. At the very least, mandatory certification will surely send a message that we, as a group, profess to a higher standard. Sure, there are those in the opinion that less government oversight is better, and that we can police ourselves; however, as Chairman of the Continuing Education program of our state association (the only body that currently certifies California process servers) I can attest that there are approximately only 125 servers currently maintaining their certified status. If it were mandatory, there would be several thousand, and they will have been trained at least well enough to be able to pass the certification exam. This shows that only a tiny percentage of the registered process servers in California will voluntarily opt to be certified. In other states where voluntary certification is offered by passing an exam the numbers are similarly representative. New Jersey currently lists less than 40 certified servers on their state association website. New York lists fewer than 90 on theirs. The states where certification is required by code (like Arizona, where there are over 900 process servers, all certified; or Texas, having over 3,500 certified servers), demonstrate that a mandatory certification requirement will work; and ensures at least a basic level of process serving knowledge is possessed by these certified servers.

I believe that California should explore the possibility of a certification requirement in order to register as a process server, or in order to serve process as an exempt party; including ongoing continuing education requirements like some other states are currently doing. Not only will this raise the quality of our registered process servers and exempt servers, it would also elevate the standards of service of process in CA as a whole. Due process in California would become a greater valued commodity, and process serving professionals would be viewed with higher regard by the public, within the legal and legal support communities, and by the courts. Legislative changes will be required to allow for this to happen, but those engaging in service of process would become more relevant as an integral part of due process. What follows is a brief synopsis of the states that require process servers to pass a test; or offer testing to become certified:

• Alaska - Applicants must pass a 50 question written certification Exam with at least a score of 40 correct answers.
• Arizona - Applicants must pass a written certification Exam. 10 hours of Continuing Ed. Is required every 12 months.
• Arkansas - Process servers are required to have “familiarity with the various documents to be served” per Order No. 20 § (b)(5); for which each judicial district can “prescribe additional qualifications”(i.e. testing).
• California- Although not required by code, the State Association (CAPPS/CALSPro) has been certifying process servers since the mid-1980s.
• Connecticut– Passing an exam administered by State Marshal Commission with at least an 80% score.
• Florida - Submit to an examination testing the applicant's knowledge of the laws and rules regarding the service of process. The content of the examination and the passing grade thereon, and the frequency and the location at which the examination is offered must be prescribed by the sheriff.
• Georgia–  A 12-hour pre-certification class, and successful completion of an exam administered by the AOC is required.
• Illinois- Training, passing exam and continuing education are required – Sheriffs and Private Detectives only
• Michigan – State Association (MCODSA) offers 3 certifications: CPS - Process Server, CES - Eviction Specialist, and CCO - Court Officer.  Certification is required on an individual court by court basis.  12th Judicial District Court was the first to mandate certification (2005), with additional courts also now requiring certification.
• Missouri – St. Louis (only) requires a 5-night training course and passing a written examination administered by the Sheriff of the City of St. Louis.
• Montana - Applicants must pass a written examination based on the Handbook for Process Servers. The exam is administered by the Montana State Board of Private Security.
• Nevada - Applicants must pass a one hour 50 question written application with 75% or better, and may also be required to pass an oral examination.
• New Jersey – Although not required by code, the NJ State Association (NJPPSA) certifies Process Servers who pass their exam.  To maintain their certification they must obtain 8 hours of continuing education credits per year.
• New York - Although not required by code, the NY State Association (NYSPPSA) certifies Process Servers who pass their exam.  To maintain their certification they must obtain 8 hours of continuing education credits biannually.
• Texas  - Attendance at a 7-hour training course followed by taking and passing a basic competency test is required.

About the Author:

Cliff Jacobs is the National Affiliate Relations Manager for One Legal, LLC, and has been a legal support professional for the past 23 years. He has been serving on the Board of Directors of CALSPro (the California Association of Legal Support Professionals) for the past 6 years and is currently in his 2nd term as Vice President. He has just begun his 6th year as their Continuing Education Chairman, and is a past Technology Committee Chairman as well. Cliff is also an active member of the Marin County Legal Professionals Association.

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