PI Licensing Bill Could Affect Process Servers
Posted March 11, 2013 in Legislative
Who would have thought, PSACO is in the right place at the right time. Protecting process servers in Colorado, whether you are a member or not.
PPIAC has been approved to submit a late bill to change their voluntary licensing to “mandatory” licensing. How does this affect process servers in Colorado you might ask?
First, a little history. The current voluntary licensing law, excludes process servers. In a meeting with Chris Bray, the current Chairman of the Board of PPIAC, I was told process servers would not be excluded from licensing. He explained, process servers perform investigative task. The fact we ask questions, run skip traces and perform surveillance, we should “license up”, as he calls it. This would require every process server to be licensed, or they could not ask questions of the person who answered the door or of the neighbor.
I have spoken to the Chairman of the PPIAC Licensing Committee and we have submitted language to him which would exclude process servers from licensing in the performance of our duties. However, investigative tasks performed outside the scope of serving process will require licensing. This means, process servers who want to perform investigative tasks like, background checks, skip traces or surveillance, not related to service of process will be required to get a license.
My companies Magnum Diego and Peak Process Servers, perform asset searches, motor vehicle reports, criminal history and more, for our client. Should mandatory license become law, these investigations would require us to get licensed to continue to produce these types of reports.
Why is this important, we cannot control the fact private investigators want mandatory licensing. We can and will fight requiring process servers to be included under the bill, in the performance of our duties to effect service.
Here is what we ask PPIAC to include in their bill
Private process servers within the State of Colorado performing their duties in compliance with the Colorado Rules of Civil Procedure, the Federal Rules of Civil Procedure, or in accordance with applicable foreign state court rules or statutes pertaining to service of foreign process within Colorado, including inquiries related to affecting proper service of process and resulting supporting proofs, declarations, or affidavits of service, and/or declarations or affidavits of due diligence to support alternative methods of service or process, are exempt from this statute.
A special thanks to my friend John Perez for the wording to exclude process servers.
The bill should be introduced to the Colorado Senate shortly. We will verify the language in regards to process servers and either support or fight the bill depending on the language.
Should you have questions, as always reply to the email or call me.
Steven D. Glenn
President, Process Servers Association of Colorado