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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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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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TLO Update

On December 16, 2013, TransUnion completed the acquisition of TLO. TransUnion is committed to the principles of founder, Hank Ashers. TransUnion is in the process of importing millions of records into the TLO data framework. In the near future look for new products and enhancements to TLO’s current search tools.

www.tlo.com

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PSACO Welcomes New Board Member

PSACO is proud to announce the addition of a new member of the Board of Directors, Rick Markowitz.

Rick brings leadership and work ethic to an already talented board. Rick is committed to assist our current leaders in assisting our Association in reaching the next level.

Congratulation Rick Markowitz.

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TLO

For Process Servers and Investigators currently using TLO, I have an important message. TLO is not dead nor are they going out business. I would recommend not terminating service.

TLO has hired 50 programmers to fix the issues and import data from new vendors, which they state, would provide home based process servers and investigators the same data and access level available prior to TLO’s current issue. TLO went on to state, the ability to locate individuals should improve and be more stable than before.

It is not my place to state the true issues regarding limiting of data to home based process servers and investigators, however my source agrees the issue could have and should have been handled better. My source assures me, the internet rumors are not true. I have been asked to contact my source on Monday, May 13, 2013 for an update.

 

Stay tuned!

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PSACO Supports the PAAPRS Campaign

The National Association of Professional Process Servers supports the ServeNow campaign “Promoting Assault Awareness and Protective Regulation for Servers (PAAPRS)“.  As the Member of the NAPPS Board of Directors, President of PSACO, owner of a process serving company and a process server, safety for the individuals who choose to serve papers is very important to me and my fellow Board Members. Without private process servers the court system would become backlogged. Effecting service of process is an important step in protecting one’s right to “Due Process”, the defendant’s right to fundamental fairness and justice in the judicial system.

Some defendants would prefer service never be effected, hoping the case will just go away. Once served, they take their frustration out on the server, most times it is just angry words. More frequently those words are being replaced with verbal threats and more often than in the past process servers are being assaulted or menaced.  Taking your frustrations out on the messenger, is not nor will it ever be a viable solution for being served.

The PAAPRS campaign is designed to track menacing and assault of process servers and calls for those who menace or assault process servers, be charge with a felony, as a consequence of their actions, in all 50 states.

Felony as a consequence, will not stop assaults or menacing against those who serve papers. Passage of laws protecting process servers along with media coverage of the law could save someone’s life or prevent serious injury.

 

If you are the victim of menacing or assault as a process server, you need to file a police report, contact your local process server’s association and then enter your assault or menace in the PAAPRS database. This database will be used by Process Server Associations across the United States to address their legislature, requesting they protect process servers as the protect police officers and emergency medical technicians for assault or menacing.

 

Online petition, help make assault or menace of a process server a felony in all 50 states.

 

http://www.change.org/petitions/to-make-an-assault-on-a-process-server-a-felony

 

PAAPRS Campaign

 

http://www.serve-now.com/resources/paaprs

 

PAAPRS Badges available at the link above

 

 

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Professional Process Server vs The Sheriff

This is just one example below. All of us who have been doing process serving  for awhile have heard so many stories from others, and especially our own new potential clients, who call and complain that they tried the Sheriff because it was cheaper, but the Sheriff didn’t get the job done for them. Why? Because Sheriff’s servers tend to go out from about 9 AM to 3 PM, at which time they return to the office and write up their stuff so they can go home at 5.  They knock or ring a bell, and they do three attempts, and that’s it. If no one answers, the client is told that they couldn’t get it served, and of course the client’s money is spent.  ( Many of us would say “wasted”. )

The most egregious example I’ve personally heard of, was when a potential client called me at 4:20 PM on a week day and was freaking out. He’d sent the Sheriff with a Same Day Rush serve that just had to be served that day, to serve a defendant at work. The Sheriff’s server had gone there at 12:30 PM, only to find that the guy was… ( Wait for it! Drum roll, cymbal crash! ) out to lunch!  Quelle surprise!  And they’d just called him after 4 PM and told him this, and that they couldn’t get his serve done! He needed it done, rush, right then.

While we get a good fee for Same Day Rush service, I felt ethically obliged to decline the job. I told Mr. Potential Client that, while we certainly liked making money, the guy could be going home at 4:30, in some places they even go home at 3:30. So there was now way I could even be reasonably sure that I could get this done for him that late in the day, and I didn’t want to take even more money from him than the Sheriff had, and then possibly let him down.

It’s only a shame that clients don’t know about these things in advance, and so many of them don’t realize that choosing a process server is not the same as shopping around for the same model of  TV set.

It does matter who you pick.

Melissa Brookstone
Editor in Chief

http://www.atlantadivorceattorneyblog.com/2012/09/service_of_process_in_a_georgi.html

Service of Process in a Georgia Divorce: Sheriff or Private Process Server?

Posted On: September 7, 2012

Service of Process in a Georgia Divorce: Sheriff or Private Process Server?

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In Georgia, a civil action, including a divorce, cannot go forward until the defendant is served with a copy of all pertinent legal papers (what is termed “service of process”). Unless the defendant is willing to acknowledge service, O.C.G.A § 9-11-4(c) dictates that service must be effected by a sheriff in the county where the defendant resides or by a process server appointed by the court.

We are often asked what the difference is between the sheriff serving process and a private process server serving process. Regarding the validity of service, there is no difference. However, private process servers are typically faster at getting a defendant served than the sheriff. Whereas it could take the sheriff weeks to attempt to serve a defendant, private process servers usually make their first attempt in 1-3 days and will generally make more attempts at service. Further, private process servers will often honor special requests, such as the time of day you would like the defendant served, whereas the sheriff cannot. Additionally, private process servers may have the flexibility to acquire information from others in the surrounding area (such as neighbors) as to a difficult-to-serve defendant’s whereabouts.

Private process servers typically charge more to serve process than the sheriff’s office; however, the fee is usually only about $25-35 more. Although the fee is a little higher, private process servers are typically quicker and can be more effective when attempting to serve a defendant.

For more information on service, we recommend you contact one of our Atlanta Divorce Attorneys to counsel you on your options.

By: Courtney H. Carpenter, Associate Attorney, Meriwether & Tharp, LLC

Posted by Meriwether & Tharp | Permalink | Email This Post

Posted In: Divorce

 

 

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PSACO Annual Conference and Education Seminar

PSACO is proud to announce our 1st Annual Conference and Education Seminar. The event will be held at the Summit Conference and Event Center, located at 411 Sable Blvd, Aurora, CO on October 13, 2012 8 am – 5 pm.

  • PSACO State of the Association
  • PSACO Committee Reports
  • Mr. Gadget (Guest Speaker)
  • Tax Planning (Guest Speaker)
  • How to get Service By Refusal through the Courts
  • Online Marketing (Guest Speaker)
  • Completing the Tough Server (Guest Speaker)
  • How to Handle Contact by Local Law Enforcement (Guest Speaker)
  • And much, much more….. Stay Tuned

A fee of $45 for members and $60 for non-members will include a light breakfast, lunch and snack.

Register Online Here

The Conference will consist of a short business meeting and 6 plus hours of education and training. Definitely an event you will not want to miss!

 

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PSACO Annual Conference and Education Seminar (PACES)

The 1st PSACO Annual Conference and Education Seminar (PACES) is taking shape and is scheduled for October 2012 . The Board is in the process of locking down a location. The agenda is taking shape and trust me there will be more education than conference, with about an hour of PSACO Business and the Education Seminar will encompass the balance of the day. The speakers will offer value and education for those looking to enter our industry, new servers and the old guard. This will be an event you will not want to miss. Click here for updates PACES.

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