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I have
compiled below a list of those states with statewide licensing laws and those
states having cities or other jurisdictions in which some form of regulation
has been enacted. Bear in mind that these laws appear in the statutes of the
individual states and, with the exception of Arizona, do not appear in the
state’s Rules of Civil Procedure.
What follows
is my own summary of the statutes, which is intended only as a guide to point
readers in the direction of the relevant law. Those states in which authorization
to serve is granted by special order, standing order, appointment of elisor, or
some other form of judicial appointment are not included.
Alan Crowe, Administrator
ALASKA
Process
servers are licensed by the Commissioner of Public Safety. A $15,000 surety
bond is required to be posted by each process server. The bond applies
primarily to theft that may arise out of levies and executions. Applicants must
pass a written examination.
[Alaska Administrative Code, Title 13,
section 067.5 thru 067.100]
ARIZONA
Arizona has
statewide registration of process servers in compliance with procedures set
forth by the Arizona Supreme Court. Applicants must be 21 and a bona fide
resident for one year immediately preceding application. Applicants must pass a
written examination. No bonding or insurance required.
[Arizona
Rules of Civil Procedure, Rule 4(e)]
CALIFORNIA
Persons who
serve more than 10 papers a year are required to be registered in the county in
which they operate. Registration is valid statewide. Applicants must be a
resident for one year immediately preceding filing. Each applicant is required
to post a $2,000 bond or cash deposit. No testing or education required.
Licensed private investigators, although exempt from the registration
requirement, would probably not be empowered to serve bank levies and similar
documents without being registered in view of the statutory language requiring
that a registered
process server serve those documents.
[California
Business and Professions Code §22350 and §22353]
ILLINOIS
There is no
statewide licensing law in Illinois; however, a person licensed in Illinois as
a “private detective” may serve original process in all counties except for
Cook County without special appointment. In order for PIs to serve in Cook
County, the court upon motion and in its discretion, may appoint a “private
detective agency” as a special process server in lieu of an individual.
[Illinois Compiled Statutes §5/2-202]
MONTANA
Any person who
makes more than 10 services of process in any 1 calendar year must be
registered. The registration certificate also empowers the process server to
act as a levying officer and requires process servers to have a “surety bond”
of $10,000 per individual or $100,000 per firm. Process servers cannot levy on
an amount in excess of their bond. Applicants must pass a written examination
based on the Handbook for Process Servers, which is published by the
Montana Department of Commerce.
[Montana
Code Annotated §25-1-1101 and §25-1-1111]
NEVADA
All persons
who engage in business as a process server must be licensed. Applicants must be
21 or over, have 2 years experience as a process server, and have insurance for
protection against liability to third persons with limits of not less than
$200,000. No bonding is required. Applicants must deposit $750 at time of
application to pay for a background investigation, the cost of which must be
paid for by applicant up to a maximum of $1500. Applicants must pass a written application
and may be required to pass an oral examination. Licenses are issued by
the Nevada Private Investigator’s Licensing Board. The most expensive state in
the nation in which to get licensed.
[Nevada
Revised Statutes §648.110 and §648.135]
OKLAHOMA
Process
servers are required to be licensed, and all licensees must execute a bond
“running to the State of Oklahoma in the amount of $5,000 for faithful
performance of his or her duties...” Applicants may pay a fee of $35 and be
licensed to serve process in the county in which the license is issued, or
applicant may pay a fee of $150 and be licensed statewide. The license states
that process servers are officers of the court only for the service of process.
No testing or education required.
[Oklahoma Statutes Annotated §12-158.1]
WASHINGTON
A person who
serves legal process for a fee in the State of Washington is required to
register with the auditor of the county in which the process server resides or
operates his or her principal place of business and pay a $10 fee. No testing
and no requirement for insurance or bonding. Easiest and most inexpensive state
in which to get a license.
[Revised
Code of Washington §18.180.010]
STATES WITH LOCAL LICENSING LAWS
FLORIDA
Sheriffs in certain counties (currently about seven) will appoint
individuals as a special process server. Applicants must be at least 18, be a
permanent resident of the state, submit to an examination and execute a $5,000
bond.
[Florida
Statutes § 48.021]
The chief judge of each judicial circuit is empowered to certify
process servers to serve process, and currently judges in approximately 30
counties grant such certifications. The requirements for becoming certified are
essentially the same as the requirements for being appointed a special process
server by the sheriff.
[Florida
Statutes § 48.27 – 48.29]
MISSOURI
City
of St. Louis (22nd Judicial District) (pop.
400,000) requires that all persons who want to become process servers must take
and pass a training course (5 nights of classroom instruction with written
examination) administered by the Sheriff of the City of St. Louis. Applicants
must be 21 years of age, have a high school diploma or GED and no criminal
record. All process servers are required to have E&O coverage with limits
of at least $100,000.
NEW YORK
City of New York (pop.
8 million) requires all persons who serve process within its 5 boroughs
(Manhattan, Brooklyn, Bronx, Staten Island, Queens) to be licensed through the
NYC Department of Consumer Affairs. There is no requirement for insurance or
bonding and no educational requirement or testing.
[Rules
of the City of New York, subchapter W, §2.231, et seq and §20-403, et seq.]
County
of Suffolk
(pop. 1.4 million) has adopted a local law requiring all process servers who
serve process in Suffolk County to be licensed. The law is to take effect on
July 1, 2002. Applicants must carry E&O coverage with limits of $250,000,
must have one day of schooling on process serving laws, and must pass a written
examination.
[Resolution
No. 1191 of the Suffolk County Legislature, adopting local law No. 2000
OREGON
Although any person over the age of 18 and not a party may serve
process in Oregon, there is a state law which requires that any person who
serves a Writ of Garnishment must have E&O coverage with minimum limits of
$100,000.
[Oregon
Revised Statutes § 29.165]
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