The Year in Process Serving: 2014 Review and Predictions for 2015
- December 26, 2014
- by Stephanie Irvine
- Associations
- In the News
- Technology
Throughout the past year, the civil process service industry has been relatively quiet, with some changes in legislation. For the most part, however, much remains the same. Process server organizations are continuing to lobby for support and legislation criminalizing process server assault, more instances of civil process service via social media are occurring, and the process serving process endures more scrutiny as requirements become more stringent.
Top News Stories
E-filing
In 2014, improved technology was a huge catalyst for change, as e-filing cases and returns of service became more widespread. In Indiana, statewide e-filing became mandatory, and many other counties in other states throughout the US moved to an online system.
Process Server Assault
As predicted in 2013, continued efforts nationwide were put forth to make assaulting a process server a felony. In New York, SB S2599-2013 is still under consideration and will hopefully pass in 2015. The battle to make assaulting a process server a felony is certainly not over as more associations push to have this legislated throughout the country.
Illinois Gained Access
Gated communities are no longer off-limits to Illinois process servers with the passing of Illinois SB3286 Passes, which went into effect this past May.
Maryland Process Server Legislation Battle Ended
Two legislative bills, Maryland SB 838 and Virginia House Bill 1122, were left to die without being voted on. MAPPS is still committed to bringing forth legislative changes in 2015.
New York Lawsuits Dismissed
NYPPSA had filed a lawsuit against the New York Department of Consumer Affairs in February, but by September, the lawsuit was dismissed. The lawsuit focused on changing licensing and regulation requirements.
Utah Licensing Requirements Changed
In Utah, modifications to the previous licensing and renewal requirements for process servers were changed; the requirements for what was to be included on service affidavits was also changed, requiring the server to include identifying information about the process server.
The Future of Process Serving: Predictions for 2015
We talked with a number of process servers throughout the country, as well as leaders in several process service associations to get a true industry perspective on what 2015 will bring.
Changes and Improvements Necessary to Survive
“The process serving business is in the midst of long-term transformation. The old ways of doing business are going the way of the dinosaurs as a result of changes in technology, state and federal laws (such as HIPAA), and the growth of big business. Now we see more national companies setting up profit centers in major cities. Aided by technology, clients will be able to send everything to one center to be served according to their requirements, including e-service and e-filing. I can only compare it to the effect that WalMart had on Main Street, USA twenty years ago. In order to survive, small businesses will need to adjust to a changing business climate. Those of us who are small business owners will have to be smart and nimble to survive!”
Deb Duchon, President GAPPS; Owner, Attorneys’ Personal Services and Atlanta Process Servers, Atlanta, GA
“We foresee more and more of a push for GPS tracking and internal security compliance. Debt collectors are under the gun to secure data and protect debtors. Only big companies that are already in the process of getting technologically advanced will survive this push. All in all, the only thing that will continue to hold true to form is one's own honesty and ability to have integrity in themselves and the work they do. Only education, licensing requirements, background checks, and the desire to do the job right is what will keep our profession alive and thriving. We will see more tightening on licensing and education to be allowed to serve process for safety as well as financial protection of those we serve. Internet process service is also starting to rear its head, too. Utah is even considering using it as a tool for those that are out of the country, evading, or are cooperative serves.”
Ronda Godard, ICU Investigations and Process Service - Utah and Nationwide
“E-Filing of cases and of returns of service have sped up the file handling process in many places, and I have seen more and more Judges wanting increased diligence shown of service affidavits in the form of more attempts than many servers are used to making.”
Randy Mucha, Firefly Legal
Continued Scrutiny and Restriction
“The amount of work in this industry is unpredictable, with some of it being tied to the economy. Many new process servers appeared during 2007 to 2009 and [they] were serving a lot of foreclosure documents during that period and for several years following. As that work has decreased, many of those servers have disappeared. As attention was drawn to the industry through this period of time, the government began to impose more regulation over lenders and the foreclosure process. Lenders were subjected to unprecedented scrutiny and that scrutiny was passed down to the process servers. This, combined with the ever-increasing scrutiny of the debt collection industry, has created a need for process servers to tighten up compliance and be able to demonstrate that they have physical and data security and recovery plans in place, and are current on training and licensing where required. Some attorney firms even conduct on-site audits of the process servers operations to verify compliance.”
Randy Mucha, Firefly Legal
New Education Opportunities
“The way process servers get educated and network will change with advancements in technology. ServeCon will change the way the industry consumes educational content as remote event attendance will make educational events more affordable than ever before. Those who haven't had access to these events in the past will be encouraged by this availability, get more involved, and seek out knowledge to help improve and grow their businesses, elevating professionalism and sophistication in the industry as a whole.” It will encourage those who haven’t had access to education to be more involved and seek knowledge to help them grow and improve their business."
Trent Carlyle, ServeNow and ServeManager Co-founder.
Continued Efforts Toward Process Server Assault Legislation
“Hopefully next year will see the passage of SB S2599, which makes an assault on a process server a felony in New York. It would be great to see other associations push for this type of protection for process servers. While some states have attempted such legislation in the past without success, the passing of this type of legislation within the past few years should set a precedent that will convince other states to do the same.”
Amanda Sexton, Marketing Director DGR - The Source for Legal Support
“I believe assault of process servers will be hot a hot topic in 2015, specifically with [information on] self-defense against attacks, false claims of trespass, and [instances of] law enforcement siding with the resident.”
Steve Glenn, NAPPS 1st Vice President; PSACO President; Magnum-Diego Priority
Quiet Year, Quiet Future
“In Virginia, we do not expect any big or major changes for process servers. We hope all stays quiet in Virginia.”
Don Hogan, ProServ LLC
You Say Goodbye, We Say Hello
All in all, the civil process service industry has been faced with some challenges throughout the past years, and 2014 was no different. What has not changed is that the process serving industry continues to fight with tenacity for safety, due process, and fair legislation. While we are closing the book on 2014, we are certainly looking forward to what 2015 will bring.
What do you think will happen in 2015?
Happy New Year everyone!