HB 17-1095 & HB 17-1160 will be Introduced to House Judicial Committee 04/13/2017

On April 13, 2016 Representative Melton is scheduled to introduce HB 17-1095 and HB 17-1160. Everyone is invited to attend the committee meeting. HB 17-1095, addresses Access to Secured Dwellings, while HB 17-1160 offers vetting of process servers ensuring residents of gated/secured communities and multi-family dwelling unfettered criminal are not being released in their safe zones.

Remember be polite, Be Respectful and represent our Profession WELL

Meeting Location

State Capitol Room 112

Committee meets at 1:30 pm

Links to Bills

HB1095

HB 17-1160

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Div. of Insurance Declare Policy on Service of Process

The Colorado Division of Insurance (DOI) has published Bulletin B – 1.30. The purpose of which is to provide carriers, consumers and other interested parties (Process Servers) with the Division of Insurance’s policy concerning accepting service of process.

Simply put

  • Must provide 3 copies of each documents to be served
  • Documents must contain the exact name of the insurance company
  • Hand altered documents will not be accepted
  • Certificate of Appointment (listed Registered Agent) must be filed with the Division of Insurance, not the Colorado Secretary of State, as per C.R.S. ss 10-3-107(1). Do not rely on the Secretary of State as the authority of whom is the Registered Agent

For a copy of the DOI Bulletin click the link below:

CO DORA Department of Insurance

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Yergey Insurance

I am proud to announce the addition of our newest vendor, Yergey Insurance. I highly recommend Yergey Insurance for your insurance needs. I have known Michael Yergey for 4 years, in my opinion, if you want to be educated about your insurance needs and purchase products you can count on, Yergey Insurance is the place to go. Click the Yergey logo below or visit our vendor page for more information.

Steve Glenn
PSACO President

 

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PSACO Survey (2015)

Our Association prides itself in providing a “voice” to process servers, in Colorado. Whether you are a member of our Association or not your “voice” counts. We ask you to click the link below and complete the short (5 minute) survey, created to help us serve you, as a process server in Colorado.
Although our accomplishments are many, we view where we are today as the begin of a journey in bettering our “profession”.

Members and non-members are welcome complete the survey, PSACO Survey. Feel free to share this email with your friends.

 

Sincerely,
Steven D. Glenn
PSACO, President
[email protected]

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Businesses Refusing to Allow Service at the Workplace

Process servers in Colorado, are being denied the ability to effect service of process on individuals at the workplace with more frequency.

In speaking with Legal Counsel for a Corporation in Denver, I was told businesses are refusing to allow service of process at the workplace due to the liability of not getting the document to the employee, in a timely manner. The attorney cited a recent Colorado lawsuit, in which a company failed to get the documents to the employee in a timely manner, which resulted in a judgment against the employee. The employee sued the company, citing the company’s action or lack thereof violated his right to due process.

The solution is simple, request a person able to accept service of process for the employee, obtain their name and position prior to stating your purpose and if they deny you access to the employee, serve the person by refusal and leave a copy of the documents. This solution does not apply to secure buildings.

The Colorado Rules of Civil Procedure allows for service to an individual at the workplace, companies are able to forward the documents to the employee in any fashion upon receipt, i.e. email, fax or call the person to pick up the documents.

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Colorado Private Investigators Licensing

The Licensing of Private Investigators in Colorado, is a reality . DORA will begin accepting applications to license individuals whom want to perform investigations, on January 1, 2015. The law exempts process servers from being licensed in the performance of their duties to effect service of process or provide due diligence of a service. Simply put, process servers can perform skip traces, perform surveillance, run license plate checks and talk to the neighbors without being licensed as a private investigator. As long as the investigative task is associated with attempting to effect service of process.

Any investigative task not associated with attempting to serve papers will require the individual to be licensed as a private investigator. Asset searches and bank searches are investigative task which will require licensing.

PSACO encourages process servers to obtain a Private Investigator license, if you perform investigative task out side of service of process. Please review your business name and website to ensure you comply with the new law.

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TransUnion – TLO Update

With the passing of the PI Licensing Bill, TLO has no current plan to require process servers to be licensed to access their database.

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CSC – 1560 Broadway

Effective July 2014, Pam Trujillo is no longer with the Corporation Service Company (CSC), all service will be made at CSC by naming Kurt Plender as Clerk.

The Corporation Service Company (CSC) is located at 1560 Broadway, #209, Denver, CO 80205. CSC will also accept service for the following national registered agents:

 Prentice-Hall Corporation System, Inc.
 United States Corporation Company
 LexisNexis Document Solutions, Inc.
 CorpAmerica, Inc.
 The Company Corporation

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Colorado PI Licensing

On June 6, 2014, Mandatory Licensing for Private Investigators became law in Colorado and will become effective June 1, 2015.

What this means for process servers:

As Process Servers, we’re fine. We can still do everything we’ve always done, as long as it’s part of serving process or due diligence to verify information on an Affidavit. Which includes:

Inquiries to neighbors about the person we’re attempting to serve

  • Skip tracing
  • Surveillance
  • Running license plates
  • USPS forwarding forms

Note: In matters received from non-attorneys, you must have documents in hand. For requests to effect service made through an attorney, skip tracing efforts can begin prior to receipt of the documents to be served. Best practice would be to receive the request to locate and serve by email and save a copy for your protection.

 

Surveillance and skip traces in matters not resulting in service of process and all asset searches performed, require a PI License after June of 2015.

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Project Documentation

What is “Project Documentation”?

“Project Documentation” is a program to document service attempts at location(s), where service is blocked or denied at an individual’s workplace or residence, or a company’s place of business.

The data collected, will assist PSACO’s presentation to the Colorado Legislature in 2015. Data collected we be held in the strictest confidence and not distributed to the public.

Background


PSACO will address the Colorado Legislature in 2015 in an attempt to gain access or assistance to effect service of process in gated and/or secure communities and non-government businesses. We believe denial to these properties for the purpose of effecting service of process, is denying individuals and companies the constitutional right to due process. We will request the same level of access afforded to those delivering UPS and FedEx packages, the US Mail and pizza. Our goals is, access or assistance in effecting service of process, or the ability to serve those with authority to deny access or assistance, by refusal on the first attempt, without the necessity of obtaining a court order. Those with authority to deny access or assistance include but are not limited to, security guards, property managers, business managers, supervisors and legal department personnel. Access to facilities on federal property, or facilities housing sensitive government information, will be excluded.
PSACO requests your assistance in gathering data. Should you or a process server contracted by you, be denied access or assistance to effect service of process in a gated or secure community, an individual’s workplace, non-governmental business, or at a business who refuses to accept service documents at their place of business, please complete the Project Documentation form and mail, email or fax, a copy of the completed form, along with a copy of the case caption you are attempting to serve to:

PSACO
c/o Cindy Johnson, PSACO, Vice President
8547 E. Arapahoe Road, J-593, Greenwood Village, CO 80112

Email: [email protected]

Fax: 877-331-8511

Project Documentation Form

Examples of a blocked service attempt

  • Service at a gated community, secured with security personnel
  • Gated or secure townhouse, condo or apartment complex
  • Denied assistance at individuals workplace
  • Business refuses to accept service for individual
  • Business refuses to accept for themselves and refers you to a Registered Agent
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