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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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PPIAC Mandatory Licensing

I just received conformation, PPIAC will resubmit their PI Mandatory Licensing Bill In October 2013. PSACO will review the wording of the bill, should process servers not be exempt from the licensing, we will oppose the bill.

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PI Licensing Bill Update

SB 13-259 Mandatory Private Investigators Licensing Bill submitted by PPIAC, has passed the Senate Committee, however, not in its original form. Licensing has been changed to mandatory “Registration”.  The apprenticeship program has been eliminated and the only requirements to become a “Registered Private Investigator” in Colorado, is to pass an open book test, a background check and obtain a surety bond.

Process Servers are currently excluded from obtaining the designation of “Registered Private Investigator”, as long as their inquiries are in efforts to effect service of process.

The Bill will be presented to the full Senate, Monday and is expected to pass. The Bill will then be presented to the House before the end of the legislative session.

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PI Licensing Bill Could Affect Process Servers

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

 

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New C.R.C.P. Rule 45 to take effect 01/01/2013

Colorado has repealed the current rule governing service of subpoenas and readopted the New C.R.C.P. 45. The new Rule 45, will become effective 01/01/2013. The new rule changes the time for service prior to appearance or action. In the rule that will be repealed, service of a subpoena needed to be accomplished 48 hours prior to the event. The new rule provides service to be effected anywhere from 48 hours to 14 days prior to the event.

 

Subpoena for Trail or Hearing 48 hours

Subpoena for Deposition 7 days

Subpoena for Documents 14 days

 

The new rule, will authorize a sitting judge to quash service of any subpoena not served within the time frames, by motion to quash service for failing to allow reasonable time to comply.

 

Also the new rule will allow subpoenas requiring a witness fee check to be issued and served at the same time or the witness fee check to be mailed or delivered to the person prior the event.

 

New CRPC Rule 45
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Promoting Assault Awareness and Protective Regulation for Servers (PAAPRS).

Register here for the Promoting Assault Awareness and Protective Regulation for Servers (PAAPRS).

What is the PAAPRS campaign?

The PAAPRS campaign is an initiative focused on raising awareness about process server assault and promoting regulations and law changes that further protect process servers. Association leaders and members of the profession have long-complained that assaults in the industry are not being reported or receiving the media coverage they deserve. PAAPRS plans to take on that issue by providing national coverage of incidents as well as becoming a resource for process servers to get educated and share their experiences.

https://attendee.gotowebinar.com/register/462458235309551360

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Sign this petition to make it a Felony to assault a process server

Petition for PAARPS

Steven D. Glenn

Magnum-Diego Priority Services, LLC

President, Process Servers Association of Colorado

Director, National Association of Professional Process Servers

720.253.5773

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

 

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New Notary Rules Clarified

In a conversation today with the Colorado Secretary of State, Notary Division, a few rumors and misconceptions were clarified, in regards to the Colorado Notary Law changes which took effect August 8, 2012.

 

Effective immediately the use of a Notary Journal is mandatory, whether or not you, your company, your law firm or the clerk of the court maintain a copy of the notarized document.

 

  • JOURNAL REQUIREMENTS – A journal book will be required to contain the type and date of the notarial act, the title or type of document being notarized, the name, address and signature of the person signing, and the name, address, and signature of each witness to the notarization. You may voluntarily maintain a copy of notarized documents as a backup, should your notary journal be lost or stolen.
  • There is no way to correct the issue of not maintaining a Notary Journal since August 8, 2012. However the use of a Journal sooner rather than later will be taken into consideration, should you be audited by the Notary Division.
  • Seal Standards – The notary seal standards have changed. Renewing/new notaries will be required to obtain and use a seal that conforms to new standards.  The new seal standards require:
    • A rectangle rubber ink stamp.
    • The stamp must contain within the outline, the notary’s printed legal name, the words “Notary Public,” the words “State of Colorado,” the notary’s 11-digit ID number, and the notary’s commission expiration date.
  • Currently commissioned notaries – May continue using seals obtained before August 8, 2012 until renewal of their commission. For those who are eligible to continue using their current notary seal, there is no requirement to print your 11 digit ID. However you may do so voluntarily

Link to Colorado Revised Statutes, Title 12, Article 55, Notary Public

Steven D. Glenn

President, Process Servers Association of Colorado

Director, National Association of Professional Process Servers

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New Rules of Service for Colorado Effective July 1, 2012

The Colorado Supreme Court Civil Rules Committee has revised, C.R.C.P. Rule 4, 304 in regards to service of process effective June 26, 2012.

Rules 4 and 304 are the changes recommended to the Civil Rules committee by the Process Servers Association of Colorado. The changes to Rule 4 and 304 effect service of a summons to individuals at their workplace, registered agents and corporate entities.

Link to Rules Changes

Rule 4 and 304

The changes to Rule 45 have not been adopted by the Civil Rules Committee. If you would like to view the pending changes to Rule 45 click the link below

Proposed Rule 45.

 

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Time Computation and Colorado Court Cheat Sheet

The computation of time has changed effective 01/01/2012. Attached is a listing of the new time computations for Colorado Courts. Also we have provided a Time Cheat Sheet for the courts Court Service Cheat Sheet 062212

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