Virginia currently has a bill pending which could positively impact the ability of process servers in New Jersey to pass similar legislation.
VA SB 823 allows entry for the purpose of service of process to multi-family dwellings and restricted access communities. While other states have passed similar legislation, those states have either licensed or registered process servers, effectively creating a list of individuals to cross check who is claiming to be accessing the property in order to effectuate service. New Jersey is similar to Virginia in that it does not have any licensing or registration requirements – anyone who is over the age of 18, not a party to the matter and of sound mind can serve.
Virginia has addressed how to ensure individuals accessing the property are truly there for the service of process – they of course must need to meet the rule requirements for process servers in the state, but they must also provide “a valid identification and evidence of the process to be served”. The valid identification could be a driver’s license or a government issued ID, which would provide an individual manning the access points to a restricted access community to sufficiently identity said process server. The evidence of the process to be served substantiates a process server’s reason to be granted access and will show the name and address of the individual to be served.
These two pieces combined – the valid identification of service – can be applied to the potential future introduction of similar legislation with New Jersey. The passing of SB 823 would help set a precedent in states where there is no government held list of process servers within said state, providing a much-needed avenue to still be able to gain access to gated communities and expedite the completion of service and the judicial process.
While we always keep a close eye on any bills that will affect the process service industry, this is one all process servers in New Jersey will be following! Best of luck to Virginia process servers.
