Greetings to my fellow GAPPS members:
Due to the continuing –and increasing — belligerence on the part of the sheriffs, the GAPPS Board has sought legal counsel on behalf of all GAPPS members. After considering several possible attorneys to represent us, we chose Lee Parks of Parks, Chesin & Walbert. Lee Parks is a constitutional lawyer in Atlanta who has had some impressive wins in this kind of case. When we met with him, we found that he has been following our situation for some time, and was already familiar with the issues.
Lee counseled us to start by sending a demand letter to the Georgia Sheriffs’ Association’s
Executive Director. That letter is attached. He also sent a letter to
Sheriff Victor Hill of Clayton County. Sheriff Hill has been one of the more
hostile sheriffs to private process servers. (see attached)
If the sheriffs do not settle with us after receiving this letter, we will make
good on our promise to sue them in US District Court. We are serious
about pursuing this case for the good of all of us, including our clients. I
hope all of you will take a moment and read the attached letter, which was sent
by email and US Mail on 7/30/13. Tell me what you think.
This could be a long. expensive battle to fight. It could cost us as much
as $200,000 over the next two years. We are setting up a legal fund to pay for
it and hope you (and maybe even your clients who prefer private process
servers) will be able to contribute. Send your donations to GAPPS at PO
Box 7710, Atlanta, GA 30357. Note “Legal Fund” on the memo
Many of you have been asking that we take legal action for some time now. I
hope you will approve of the Board’s actions in this case.
Hill (Demand Letter)
Norris (Demand Letter)
Included below is a link to an analysis prepared by past president Tamaroff that was provided to the attendees at the annual conference. It explains why certified process servers may serve without appointment by the court or permission of the sheriff those papers filed in one county but which are being served in another county. There are other attorneys who agree with this analysis, and attendees at the conference plan to seek permission from clients to serve such documents as certified process servers. Also included is a notice that can be adapted for your company and which can be included with your invoices to clients. Should you have any questions, please e-mail them directly to past president Tamaroff at [email protected].
CPS LAW OF GEORGIA 02 27 13
LtrtoGAclients SvcByCPS 03 04 13
Posted by Jayne Rauser, Vice President
Formerly the Uniform Foreign Deposition Act, O.C.G.A.§24-10-110 has been amended and is now the Uniform Interstate Depositions and Discovery Act. The amendments are effective July 1, 2011 and the changes are substantial. This is a must read. Until now, foreign subpoenas were domesticated in the county in which the deposition was to be taken (just like Georgia subpoenas). Beginning July 1, the domestication must take place in the superior court of the county in which the person receiving the subpoena resides. This can raise serious problems. Requests by out-of-state clients for the domestication of a foreign subpoena and subsequent service thereof, often have incorrect addresses for the person being served. Thus, if after the issuance of the subpoena it is learned that the subject resides in a different county, it would appear that the issued subpoena would be void. Additionally, subpoenas directed to business entities also raise problems. Is the subpoena to be issued out of the superior court of the county in which the business is located, or where the registered agent is located, or where an officer or records custodian is located? There is no change to the issuance of Georgia subpoenas pursuant to O.C.G.A.§ 24-10-21. Be ready to raise these issues with your clients.