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Posted May 7, 2012 in General
April 30, 2012 From PSACO – Process Servers Association of Colorado.
We the membership of PSACO wish to congratulate our organization’s President, Steve Glenn of Magnum-Diego Priority Services , for being elected to serve on the Board of Directors of NAPPS – National Association of Professional Process Servers, at that organization’s Annual Conference in Boston last week. Steve is the second NAPPS member from Colorado ever to be elected to the Board. Congratulations Steve!
Colorado Process Servers
Member of NAPPS and PSACO
Posted September 12, 2011 in General
First let me state, process servers should do everything within their power to avoid conflict. I personally have adopted a motto of “serve them and leave them”. I have been called every name in the book. I have been yelled at, told things about my mother I know to be untrue and yet I have never been involved in an altercation. (Knock on wood)
With that said, I know there are instances where process servers are forced to defend themselves and we have a right to defend ourselves from imminent danger or attack. Some process servers have degrees in a martial art or legally carry a conceal weapon. The use of pepper spray is a common legal method used for self defense.
Through this article I do not advocate a preemptive strike, nor do I advocate waiting until you have been attacked prior to defending yourself. Every situation is different and I would leave the actions of self defense to the process server who has his or her boots on the ground. I suggest only those involved in an altercation, exhaust all options to avoid any altercation and the use of common sense.
Should self defense become necessary, I recommend the following:
- Do everything necessary to protect yourself, do not go overboard
- Leave the scene quickly but do not leave the area
- Call the local police department to report the incident
- Meet with officers to file a report
- Follow up
Under no circumstances should these things be done tomorrow or days later after you are contacted by the police. I can assure you, the other person involved in the altercation will file a police report. If you delay filing a report the police could take your actions as a sign of guilt.
Posted September 12, 2011 in General
Harassment and Trespass
As process servers, we are considered public servants. Our duty to serve court papers, allows us certain rights and responsibilities.
In regards to Trespass:
- We have a right to approach a residence. That “right” ends the moment a resident tells us to leave their property
- This right to approach a residence does not extend to rural properties where “No Trespassing” signs are displayed
- We do not have the right to touch, rifle through, nor peer into mailboxes
- We do not have the right to open doors
- We do not have the right to transgress along the sides of a home or into the backyard
- We do not have the right to peek through windows
An Affirmative Defense exists should a process server be charged with trespass. The affirmative defense becomes void if the prosecutor can prove beyond a reason doubt trespassing occurred and they disprove the process server’s use of the affirmative defense to include not leaving the property when told.
In regards to Harassment
The charge of harassment is loosely defined and tickets are issued out at the officer’s discretion.
To guard against a charge of harassment process servers should not;
- Become annoying to the occupants of a residence, i.e. knocking on the door for an extended length of time, or verbally antagonizing a person to bate them into calling the police
- Attempting service at abnormal hours
- Blocking a driveway or vehicle
Harassment is subjective and can become an issue of who the judge believes more.
As a professional process server our responsibilities are many. Our conduct in the performance of our duties is paramount. We are not a party to the case and should not take sides. Our responsibility is to effect service of process according to the rules, in a timely and safe manner.
Posted August 3, 2011 in General
Welcome to the Process Servers Association of Colorado’s website.
In our efforts to create a Voice for process servers throughout the state, we have created this website. The site will be used to communicate, education and provide a forum for you to express your views and opinions. We only ask you to
- Respect the opinion of others as you would want your opinion respected
- Avoid derogatory statements
- Call others by their name or username
- Simply put act like adults
The site has blogs, documents pertaining to our trade, previous meeting minutes and official PSACO documents. We will be adding features as time permits.
Steven D. Glenn