Virginia House Bill 1122 Requires Process Servers to Redact Documents while Serving Process

• February 27, 2014
• by Kimberly Faber
• Associations
• Legislation

Process servers in Virginia are facing the possibility of being required to redact documents while serving process. Virginia House Bill 1122, which would put the rule in effect, has passed the House and the Senate Courts of Justice Sub-committee.

The Mid Atlantic Association of Professional Process Servers (MAAPPS) worked to have the bill recommitted for redress.

A Message from MAAPPS:

Through MAAPPS Legislative Efforts, MAAPPS was able to have HB 1122 recommitted back to the Senate Committee - Courts of Justice for re-dress. A hearing on HB 1122 will be scheduled to permit MAAPPS the opportunity to oppose this legislation.

A review hearing will be scheduled on March 3rd or 5th (Editor's note: according to the MAAPPS website, the bill passed through the sub-committee - Civil Justice). 

Points of Opposition

MAAPPS outlines several concerns with this bill, listed below.

1. There is no distinction as to whether or not process servers would have any liability if an error is made regarding redaction, while in the act of serving process.
   The bill would require process servers to redact social security numbers from court service documents. Since the documents would have to be altered, the process servers would not be able to swear under oath that they served a true copy of the document. According to MAAPPS, “There is no distinction as to whether or not process servers would have any liability if an error is made regarding redaction.”
2. HB 1122 affects the health, welfare, and safety of process servers.
   Redacting information would have to take place during the physical service of process, causing the process server to remain at the place of service for longer than is preferred. “Since this, of course, takes a bit of time, the process server would be subject to potentially life-threatening situations . . . As process servers, the best way to maintain safety is to quickly and accurately serve documents and then immediately leave the premises," MAAPPS shared in an email.
3. This bill does not take into consideration current trespassing laws.
   Process servers in Virginia are not currently exempt from trespassing, and when asked to leave the premises are required to do so. “A process server is not currently permitted to stay on the premises to review documents, and redact (if necessary) court documents, if they are told to get off the property,” MAAPPS notes.

Here's how you can help

To help MAAPPS in opposing HB 1122, send a letter of opposition to [email protected] as soon as possible. MAAPPS will scan and send all letters of opposition to all members of the Senate Courts of Justice Committee Members.

Sample letters of opposition (provided by MAAPPS):

• Letter of Opposition: Liabilities
• Letter of Opposition: Assault
• Letter of Opposition: Trespass