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Thread: Process Servers Licensing Laws

  1. #1

    Process Servers Licensing Laws

    I found this on the Net and wanted to share with those that want to know more about laws pretained to Process Servers. This was written by Alan Crowe.

    C Nguyen



    STATES WITH STATEWIDE LICENSING LAWS


    I have compiled below a list of those states with statewide licensing laws and those states having cities or other jurisdictions in which some form of regulation has been enacted. Bear in mind that these laws appear in the statutes of the individual states and, with the exception of Arizona, do not appear in the state’s Rules of Civil Procedure.



    What follows is my own summary of the statutes, which is intended only as a guide to point readers in the direction of the relevant law. Those states in which authorization to serve is granted by special order, standing order, appointment of elisor, or some other form of judicial appointment are not included.

    Alan Crowe, Administrator



    ALASKA
    Process servers are licensed by the Commissioner of Public Safety. A $15,000 surety bond is required to be posted by each process server. The bond applies primarily to theft that may arise out of levies and executions. Applicants must pass a written examination.

    [Alaska Administrative Code, Title 13, section 067.5 thru 067.100]



    ARIZONA

    Arizona has statewide registration of process servers in compliance with procedures set forth by the Arizona Supreme Court. Applicants must be 21 and a bona fide resident for one year immediately preceding application. Applicants must pass a written examination. No bonding or insurance required.

    [Arizona Rules of Civil Procedure, Rule 4(e)]



    CALIFORNIA
    Persons who serve more than 10 papers a year are required to be registered in the county in which they operate. Registration is valid statewide. Applicants must be a resident for one year immediately preceding filing. Each applicant is required to post a $2,000 bond or cash deposit. No testing or education required. Licensed private investigators, although exempt from the registration requirement, would probably not be empowered to serve bank levies and similar documents without being registered in view of the statutory language requiring that a registered process server serve those documents.

    [California Business and Professions Code §22350 and §22353]



    ILLINOIS

    There is no statewide licensing law in Illinois; however, a person licensed in Illinois as a “private detective” may serve original process in all counties except for Cook County without special appointment. In order for PIs to serve in Cook County, the court upon motion and in its discretion, may appoint a “private detective agency” as a special process server in lieu of an individual.

    [Illinois Compiled Statutes §5/2-202]



    MONTANA

    Any person who makes more than 10 services of process in any 1 calendar year must be registered. The registration certificate also empowers the process server to act as a levying officer and requires process servers to have a “surety bond” of $10,000 per individual or $100,000 per firm. Process servers cannot levy on an amount in excess of their bond. Applicants must pass a written examination based on the Handbook for Process Servers, which is published by the Montana Department of Commerce.

    [Montana Code Annotated §25-1-1101 and §25-1-1111]



    NEVADA

    All persons who engage in business as a process server must be licensed. Applicants must be 21 or over, have 2 years experience as a process server, and have insurance for protection against liability to third persons with limits of not less than $200,000. No bonding is required. Applicants must deposit $750 at time of application to pay for a background investigation, the cost of which must be paid for by applicant up to a maximum of $1500. Applicants must pass a written application and may be required to pass an oral examination. Licenses are issued by the Nevada Private Investigator’s Licensing Board. The most expensive state in the nation in which to get licensed.

    [Nevada Revised Statutes §648.110 and §648.135]



    OKLAHOMA

    Process servers are required to be licensed, and all licensees must execute a bond “running to the State of Oklahoma in the amount of $5,000 for faithful performance of his or her duties...” Applicants may pay a fee of $35 and be licensed to serve process in the county in which the license is issued, or applicant may pay a fee of $150 and be licensed statewide. The license states that process servers are officers of the court only for the service of process. No testing or education required.

    [Oklahoma Statutes Annotated §12-158.1]



    WASHINGTON

    A person who serves legal process for a fee in the State of Washington is required to register with the auditor of the county in which the process server resides or operates his or her principal place of business and pay a $10 fee. No testing and no requirement for insurance or bonding. Easiest and most inexpensive state in which to get a license.

    [Revised Code of Washington §18.180.010]





    STATES WITH LOCAL LICENSING LAWS



    FLORIDA

    Sheriffs in certain counties (currently about seven) will appoint individuals as a special process server. Applicants must be at least 18, be a permanent resident of the state, submit to an examination and execute a $5,000 bond.

    [Florida Statutes § 48.021]



    The chief judge of each judicial circuit is empowered to certify process servers to serve process, and currently judges in approximately 30 counties grant such certifications. The requirements for becoming certified are essentially the same as the requirements for being appointed a special process server by the sheriff.

    [Florida Statutes § 48.27 – 48.29]



    MISSOURI

    City of St. Louis (22nd Judicial District) (pop. 400,000) requires that all persons who want to become process servers must take and pass a training course (5 nights of classroom instruction with written examination) administered by the Sheriff of the City of St. Louis. Applicants must be 21 years of age, have a high school diploma or GED and no criminal record. All process servers are required to have E&O coverage with limits of at least $100,000.



    NEW YORK

    City of New York (pop. 8 million) requires all persons who serve process within its 5 boroughs (Manhattan, Brooklyn, Bronx, Staten Island, Queens) to be licensed through the NYC Department of Consumer Affairs. There is no requirement for insurance or bonding and no educational requirement or testing.

    [Rules of the City of New York, subchapter W, §2.231, et seq and §20-403, et seq.]



    County of Suffolk (pop. 1.4 million) has adopted a local law requiring all process servers who serve process in Suffolk County to be licensed. The law is to take effect on July 1, 2002. Applicants must carry E&O coverage with limits of $250,000, must have one day of schooling on process serving laws, and must pass a written examination.

    [Resolution No. 1191 of the Suffolk County Legislature, adopting local law No. 2000



    OREGON

    Although any person over the age of 18 and not a party may serve process in Oregon, there is a state law which requires that any person who serves a Writ of Garnishment must have E&O coverage with minimum limits of $100,000.

    [Oregon Revised Statutes § 29.165]

  2. #2
    Edward Taguba's Avatar
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    Cuong,

    Could you please search for Hawaii

    Thanks,
    Ed


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  3. #3

    Ed

    Here is what I found for the state of Hawaii:

    Private Investigators License

    Department of Commerce and Consumer Affairs
    1010 Richards Street
    Honolulu, Hawaii 96813

    Department of Commerce and Consumer Affairs
    P.O. BOX 541
    Honolulu, Hawaii 96809

    Board of Private Detectives & Guards
    DCCA, PVL, Licensing Branch
    1010 Richards St.
    P.O. Box 3469
    Honolulu, HI 96801.
    (808) 586-3000 or (808) 586-2701

    Experience: Four years employment with private investigative firm, or employment as a police officer for four years, or as an investigator with a state or local agency. For guard license, same as for private investigation. License required.

    I hope this will help you.

    By the way you can call me with regards to Bonds for Process Services. 1-877-447-3669 toll free.

  4. #4
    Join Date
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    Very Interesting

    Cuong,
    Thank you for the information. The T.P.S.A is lobbying to have Texas changed to statewide standing orders or licensing. I will be gald if they can get it done. It would make things a LOT easier and save time and money.

    Thanks again...


  5. #5
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    process servers

    Have you ever heard of F.A.P.P.S (Florida Association of Professional Process Servers)? I am curious on whether if this is a legit way to join (by sending $80 for a membership) or just doing it the old fashion way-sheriff office or local agency.
    Thanks,
    Tremayne Pridgen

  6. #6
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    State Organizations

    Tremayne

    So far, it has been my experience that state organizations are the legit way to go. Check and see if they are chartered through NAPPS (http://www.napps.org/) who is the national group that extends the charters. Be a PI and check them out first. Also check your state and county requirements and laws for being a process server, Good luck!


  7. #7
    David Copeland's Avatar
    David Copeland is offline Administrator
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    Re: process servers

    Originally posted by Tremayne Pridgen
    Have you ever heard of F.A.P.P.S (Florida Association of Professional Process Servers)? I am curious on whether if this is a legit way to join (by sending $80 for a membership) or just doing it the old fashion way-sheriff office or local agency.
    If you are a current member of IPIU, you may want to hold off joining other processing associations that do not put money in your pocket with work leads. IPIU's agenda is to expand the Processing Jobs and Training in this Category at not further cost to membership.

  8. #8
    That would be a great added benefit David. Thanks for the info.

  9. #9
    Ditto to Regina's post.

    Will be watching for further details!

  10. #10
    Join Date
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    Registering as Process Server in CA

    Where would I register to be a Process Server in CA, specifically Orange County?

  11. #11
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    Rhode Island
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    Process serving flowchart...

    Hello, I am a new member and I am interested in process serving in Rhode island or southeastern MA, I have read the laws available on the ipiu web site, but where is there a "How to get started" section on the ipiu web page.

    TO THE IPIU MANAGER:
    I just read the following :
    quote:
    ------------------------------------------------------------------------
    Originally posted by Tremayne Pridgen
    Have you ever heard of F.A.P.P.S (Florida Association of Professional Process Servers)? I am curious on whether if this is a legit way to join (by sending $80 for a membership) or just doing it the old fashion way-sheriff office or local agency.
    ------------------------------------------------------------------------
    If you are a current member of IPIU, you may want to hold off joining other processing associations that do not put money in your pocket with work leads. IPIU's agenda is to expand the Processing Jobs and Training in this Category at not further cost to membership.

    OK, I am also interested in seeing what the ipiu has to offer in pointing the way on how to be trained as a process server for rhode island or southeastern MA, which is basicly what the ipiu is offering. But when and how to get started?
    If the manager of this forum would get back to us on this I would be appreciative.
    Thanks
    gerard

  12. #12
    Sounds like IPIU is planning alot of added benefits for us down the road. I, for one, can't wait to see what's in store for all of us.

    Good luck to everyone on their new careers.

  13. #13
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    Process Server

    I am interested process server (P.I. comes first) trying to find out how to get started in S.C. Any comments would help
    Scott Altman
    P.I. Associate
    Badge # 10496
    License Process Server
    Notary Public

  14. #14
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    Missouri
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    Thumbs up

    Thanks for the information. I am interested in becoming a process server in Missouri, primarily in St. Louis. I will do some inquiries about the state of Missouri as opposed to just the city of St. Louis to see the difference. Lets see what comes up. Thanks!


    James N Edwards

  15. #15
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    Cuong,

    Anything for VA

  16. #16
    What about North Carolina?

  17. #17
    Sherri Coffman -'s Avatar
    Sherri Coffman - is offline Private Investigator Forum Member

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    Thanks for the Process Server Info...

    I am bookmarking this forum.

    Sherri Coffman

  18. #18
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    Re: Process Servers Licensing Laws

    Can anyone tell with a definant yes or no If a licence is needed to Process SErve in VA????

  19. #19
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    Re: Process Servers Licensing Laws

    Could you tell me where I can find the laws for Process Servers in Indiana.

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