Associations Archives - Page 2 of 4 - DGR Legal

New Jersey Process Servers Host BBQ and Elections

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The New Jersey Professional Process Servers Association hosted its 2nd annual picnic on August 11th at Turkey Swamp Park in Freehold, NJ.

There were over 40 attendees, including New Jersey process servers and also members from New York, including past president of NAPPS and current president of the New York State Professional Process Servers Association Larry Yellon.

Here are some pictures from the event:


BobTaylor_LarryYellon SittingAtTables IMG_3772
Elections were also held at the picnic, resulting in the following board members:

President: Amanda Sexton

Vice-President: Michael Doyle

Treasurer: Ethel Smith

Directors:
Brian Zavodnick
John Hiltwine
John Perez
Bob Taylor

 

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Congratulations to the New National Association of Professional Process Servers Board

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We’d like to extend our congratulations to the newly elected National Association of Professional Process Servers Board for the upcoming term. The new board was elected at the annual national convention which was held this year in Arlington, VA.

 

President – Lance Randall

 

1st Vice-President – Jillian Kwiatkowski

 

2nd Vice-President – Larry Yellon

 

Secretary- Sue Collins

 

Treasurer – Ron Ezell

 

Directors – Tim Couch

Fred Blum

Mike Kern

 

 

Best of luck in the upcoming year!

 

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Process Servers Association of Colorado To Petition Legislature

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Colorado Process Servers AssociationThe Process Servers Association of Colorado (PSACO) has plans to petition the Colorado Legislature for a number of items including registration, exemption to trespass and obstruction of service.

Other association shave achieved access to gated communities, such as the Illinois Association of Professional Process Servers, but PSACO is looking it one step further by also gaining access to secure apartment complexes and non-governmental businesses.

In order to achieve both exemption to trespass and obstruction of service, PSACO believes process servers will be required to register through the state. This would not be the same as licensing and would create a database of individuals who are exempt from trespass.

PSACO would like to see the registration require a background check, education course, a fee and a listing on a state website.

The association will have a stakeholder’s meeting to discuss these topics on May 30th from 10:00am to 11:30am PST. The meeting will be available online for those who are unable to attend in person.  For details on the meeting and to register go to: https://psaco.org/calendar/colorado-stakeholders/

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New York Process Servers Annual Convention Recap

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The New York State Professional Process Servers Association held their 2014 Convention from October 10th-12th in  Tarrytown, NY. The convention focused largely on the issues surrounding the DCA and regulations, with attorneys Tracy Harkins and Myra Sencer speaking on the topic.

Over the next two weeks we’ll provide a recap of these presentations and go into detail about what has been occurring in New York City and what process servers can expect to see in the future, as well as the plans NYSPPSA has moving forward.

To start, let’s take a look at what Tracy Harkins had to say about the federal lawsuit that was filed against the DCA, what the primary complaints are and how it is hoped the DCA will change. Tracy is the attorney who has filed the federal lawsuit and has seen first-hand what has been happening to the process service industry in New York.

The Lawsuit

Tracy broke down the three primary complaints contained in the federal lawsuit.

  1. The DCA does not have the authority for what they are doing.

For all other types of licensure, it is specifically stated in the code that the DCA has the authority to collect fine in addition to the authority to prosecute. The process server code however does not contain that language, indicating the DCA is outside of their bounds in collecting fines.

Additionally, most every other profession and industry under the DCA has the opportunity to cure, or fix, issues prior to receiving a violation. For example, the DCA may say “You have 30 days to come back and show us a correct logbook or else be fine $500 for each occurrence”. Yet none of the rules currently allow this. Even when Local Law 35 was passed in 2013 requiring the DCA to review their rules and codes to provide more opportunities for local businesses to cure rather than automatically pay fines, nothing was changed for process servers.

  1. RICOH Statute

The suit claims the DCA is committing fraud, in particular extortion and wire fraud. Using threats to get process servers to pay fines or lose their license, this violates several laws. Two judges have also filed suit against the DCA, claiming DCA officials were forcing them to require maximum fines and to make DCA favorable decisions or face adverse employment penalties such as demotion or reassignment to an undesirable area.

  1. Consent Orders

According the Tracy, the DCA is also out of bounds in requiring consent orders. These permit multiple fines for the same offense and carries serious ramifications for process servers. If they violate the law after signing the consent order, they can then get charged twice for the same violation: once for violating the law and another for violating the consent order, which Tracy calls double jeopardy.

Some examples of the requirements found in recent DCA consent orders include:

  • Notifying the DCA with written notice of when they will be conducting their mandatory training
  • Written record of any disciplinary action against process servers (even independent contractors) , including any irregularities in GPS
  • Updating the DCA of any new process servers who serve for you

We’ll be posting shortly about what Myra Sencer had to say and what to expect in the upcoming year for NYSPPSA and New York process servers.

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Florida Process Servers Score Victory In Orange County

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The Florida Association of Professional Process Servers (FAPPS) recently achieved a victory in regard the Sheriff’s Department’s decision to discontinue the Special Process Server Program in Orange County which allows appointed private process servers to serve.

An Administrative Order has been be put out by the Chief Judge which allows private process servers who were already appointed to extend their appointments by completing the following:
• An additional application
• A bond in the amount of $5,000.00
• Paying a fee of $62.50
• Getting a new ID card issued by the courts

Process servers who don’t already have an appointment will not be eligible.

This is certainly a positive turn for private process servers in Orange County. The order also states there are plans to issue an even more comprehensive order to establish a Certified Process Server program in Orange County.

You can read a full copy of the order here.

Florida Process Server

 

 

 

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NYSPPSA Achieves Exception in New Court Rules

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NYSPPSA and Larry Yellon have again achieved another success for process servers, this time amid the issuing of new court rules regarding default judgments by the Office of Court Admission.

The court put out a press release yesterday, September 16th, outlining the new rule changes. These rules reflect the court’s intention to “prevent the entry of unwarranted default judgments in the 100,000-plus credit car d collection cases brought yearly in the state courts against ordinary consumers, including many elderly and disadvantaged New Yorkers”.  A copy of the full press release can be found here.

Larry Yellon had initially placed a request to allow exceptions in the case where addresses have been verified by the Department of Motor Vehicles. As a result, the rules include a provision regarding mailed service which states:

“No default judgment based on defendant’s failure to answer shall be entered if the additional notice is returned to the court as undeliverable, unless the address at which process was served matches the address of the defendant on a Certified Abstract of Driving Record issued from the New York State Department of Motor Vehicles.”

While it may seem like a small drop in the bucket given all the recent changes in New York, these concessions by the court show the impact a strong and active state association can have.

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NYSPPSA Proposes New By-Law Amendments

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The New York State Professional Process Servers Association (NYSPPSA) has sent out a list of proposed by-law amendments to be voted on at the October 11th meeting. Members can submit arguments in writing for or against each by-law change and must have them in by October 1st if they would like them in the convention booklet.

The proposed changes include:

  • Changing the fiscal year from July 1-June 30 to January 1-December 31.
  • Changing the requirement to be eligible for President from one year to two years as an officer or director.
  • Current by-laws allow only two officers from the same office or agency. The new by-laws would read “At no time shall more than two (2) Officers be from the same geographic office location.”
  • While the current by-laws limit consecutive presidential terms to two, the proposed by-law would also limit the overall terms to four
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Texas Process Servers Association Proposes Bylaw Amendments

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The Texas Process Servers Association will vote on proposed bylaw amendment changes at their annual meeting this Saturday.

To see the proposed changes, click here. Proposed changes are highlighted in red.

Here are the details for the upcoming convention:

When: September 26th and 27th

Where: Hilton Hotel

113 South University Parks Drive, Waco, TX 76701

 

To register for the conference go here.

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Florida Process Servers Lose Ability to Serve in One of Largest Counties

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Florida process servers received some shocking news last week. Effective December 31st, 2014, private process servers in Orange County, Florida will lose the right to serve. The Sheriff’s Department has already started to phase out the Special Process Server program.

Florida Statute 48.02 allows Sheriffs within counties to approve individuals to be private process servers, but the Orange County Sheriff, Jerrry L. Demings, has led the decision to discontinue the program in his county. Private process servers can still be designated by attorneys through a motion.

In an e-mail to the Florida Association of Private Process Servers (FAPPS) members, Lance Randall, President of FAPPS, reassures members that the organization is committed to remedy the situation.

“Rest assured, we are not taking this matter lightly and will continue to strive to achieve the best possible results for not just our process serving members, but for all process servers in Orange County, FL.” – Lance Randall, FAPPS President

The Florida Association of Private Process Servers (FAPPS) has put together a meeting to hear the views of private process servers in Orange County in order to help determine a plan of action.

The meeting details are as follows:

Tuesday, August 26, 2014 6:00 p.m.
Hyatt Place Orlando Airport
5435 Forbes Place
Orlando, FL 32812
(407) 816-7800
Meeting Place 1-3

Florida Process Server

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CALSPro 2014 Conference Announced

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Registration for the California Association of Legal Support Professionals (CALSPro) 2014 Annual Conference is now officially open.

Here are the details for CALSPro’s 46th Annual Conference:

When: Friday, October 17th- Sunday, October 19th

Where: Bahia Resort Hotel, San Diego, CA

There will be a golf tournament held on Friday, the 17th, with an 8:00am tee-off. The annual business meeting will be held on Saturday, October 18th from 8:30-10:30 and 2:15-3:15. The planned topics for this meeting include: a Legislative Update, Committee reports, Bylaw Amendments, nominations and elections, and general comments and suggestions.

For more details on the CALSPro 2014 Conference, you can take a look at the conference brochure here.

You can register online for the conference here.

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