As you know, MAAPPS provides a forum for process servers in Maryland, Virginia, and the District of Columbia for individual/independent process servers, as well as small to medium process serving companies and other similar industries.
Virginia House Bill 1122 fell under the radar. It has PASSED the House and the Senate Courts of Justice Sub-committee. MAAPPS vigorously contacted all the Senators in an effort to have the Senate Floor pass by on voting on HB 1122.
Through MAAPPS Legislative efforts, MAAPPS was able to have HB 1122 re-committed back to the Senate Committee - Courts of Justice for re-dress. A HEARING on HB 1122 will be scheduled to permit MAAPPS the opportunity to OPPOSE this legislation. House Bill 1122 may be viewed in pdf format, by clicking on the link below:
Virginia House Bill 1122
Virginia House Bill 1122 alters the manner of service. It requires that process servers redact social security numbers from any and all documents being served, during the physical act of serving, in order to permit substitute service or posting. This applies to any service from any courts or any jurisdiction when service is made in the Commonwealth of Virginia. Redaction would be required while in the physical act of serving process.
MAAPPS Opposes the Legislation for the following reasons:
There are SIGNIFICANT concerns that substantially affect professional process servers within the Commonwealth of Virginia as follows:
1. There is no distinction as to whether or not process servers would have any liability if an error is made regarding redaction, while in the act of serving process.This Bill requires Process Servers to redact social security numbers from court service documents. Process servers cannot, under oath swear that they served a true copy of the documents, since the documents would be modified or altered by redaction. There is no distinction as to whether or not process servers would have any liability if an error is made regarding redaction.
2. This Bill affects the health, welfare and safety of process servers by requiring, at the time of service, to redact information while in the physical act of serving process. Since this of course, takes a bit of time, the process server would be subject to potentially life threatening situations. Process servers are assaulted and threatened every day. As process servers, the best way to maintain safety is to quickly and accurately serve documents and then immediately leave the premises.
3. This Bill does not take into consideration current trespassing laws. Currently there is no trespass immunity for process servers. When process servers are told to leave the premises, they are required to do so or they would violate current trespass laws. A process server is not currently permitted to stay on the premises to review documents, and redact (if necessary) court documents, if they are told to get off the property.
Please EMAIL YOUR letters of opposition ASAP! A Review hearing will be scheduled either on Monday, March 3, 2014 or Wednesday, March 5, 2014!
Sample letters of opposition (in MS Word Format) are available to help construct a Letter of Opposition below, however, please feel free to develop you own Letter of Opposition:
Sample - Letter of Opposition One- Process Server Liabilities
Sample - Letter of Opposition Two - Process Server Assault
Sample - Letter of Opposition Three - Process Server Trespass
Email Your Letter(s) of Opposition
AS SOON AS POSSIBLE to:
We will scan and copy all Letters of Opposition and provide them to ALL Senate Courts of Justice Committee Members!
LET'S HELP TO PROTECT PROCESS SERVERS FROM BEING PLACED IN A LIFE THREATENING SITUATIONS, BEING CHARGED WITH TRESPASSING, OR BEING SUBJECT TO LIABILITY!
Contribute to the MAAPPS Legal Fund TODAY!
HELP MAAPPS support GOOD legislation and OPPOSE bad legislation! Help combat legislative bureaucracy and special interest groups who want to control and destroy our process serving industry!
Legal Fund Contributions go directly to fund the costs of lobbying efforts! Even small amounts make a HUGE difference!
MAAPPS has developed a Legal Fund Contribution Campaign called "10 for 10". This represents a contribution of $10.00 per month for 10 months. That's only 33 cents a day!
Call 301-251-1318 and ask for Heather or Andrea to sign up!
In addition, one time contributions for any amount can be made via PayPal on our website, www.maapps.org.