Public Announcements
2026 Continuing Education is available in the STORE
You can now get your 2026 Continuing Education in the sore or by clicking on this link.
https://gappsprocess.starchapter.com/catalog.php
Please allow 72 hours for processing.
After payment is received you will get an email with the training links and your 2026 Continuing Education certificate. I process these on Wednesdays and Sundays
Upcoming 12 Hour Pre-certification classes for 2026
12 Hour Pre-certification classes for 2026
Here are the upcoming 12 Hour Pre-certification classes for 2026,
July 11th and 12th,
Registration opens on 6-1-26
August 29th and 30th,
Registration opens on 7-16-26
September 26th and 27th,
Registration opens on 9-2-26
October 17th and 18th,
Registration opens on 9-29-26
NAPPS Conference Incentives
Please click on the attachment below for the details of the upcoming 2018 NAPPS Annual Conference. NAPPS is offering special incentives for conference attendees!
NAPPS Ad – 2018 Annual Conference
NAPPS Conference Incentives
Please click on the attachment below for the details of the upcoming 2018 NAPPS Annual Conference. NAPPS is offering special incentives for conference attendees!
NAPPS Ad – 2018 Annual Conference
GAPPS Responds To Supreme Court Decision
By now, all of you are aware of the Supreme Court’s Decision in which the Court found that the sheriffs have complete authority to prohibit certified process servers from serving process in their respective counties as certified process servers. The Court specifically found that their decision does not affect those with “Permanent” and “Special” Appointments from the courts. Sheriffs have no authority over those with such appointments. The Court did not address the issue of when a certified process server is serving papers in a county other than the county for which the papers have been filed. The Court’s Decision does not affect the service of papers from other states. As certified process servers we may continue to serve out-of-state papers. Nor does it affect service of subpoenas. So, the question is where do we go from here. I have been in contact with our attorneys for their suggestions. I have also requested a meeting with House Judiciary Chairman Wendell Willard to discuss the matter. There are other ideas that we are considering, and I am sure that our members have ideas. It is crucial that we come up with a plan of action that will be supported by the membership.
I am therefore calling a Special Meeting of the membership for the purpose of designing a plan of action in response to the Supreme Court Decision.
WHEN: NOVEMBER 4, 2017 AT 4:00 P.M.
WHERE: MANUEL MALOOF AUDITORIUM 1300 COMMERCE DRIVE, DECATUR, GA
The topics for discussion will be actions to be taken in light of the Supreme Court Decision; The entry of another provider of pre-certification classes and its effect on GAPPS; the Board’s schism; and, other matters as raised by the membership. Please confirm your attendance as refreshments will be provided.
This shall also constitute notice that, pursuant to Article VIII of the Association’s Bylaws, a Board of Directors Meeting shall be conducted at the same time and location. All members and non-members who are certified process servers are invited.
Paul K. Tamaroff, President
GAPPS Responds To Supreme Court Decision
By now, all of you are aware of the Supreme Court’s Decision in which the Court found that the sheriffs have complete authority to prohibit certified process servers from serving process in their respective counties as certified process servers. The Court specifically found that their decision does not affect those with “Permanent” and “Special” Appointments from the courts. Sheriffs have no authority over those with such appointments. The Court did not address the issue of when a certified process server is serving papers in a county other than the county for which the papers have been filed. The Court’s Decision does not affect the service of papers from other states. As certified process servers we may continue to serve out-of-state papers. Nor does it affect service of subpoenas. So, the question is where do we go from here. I have been in contact with our attorneys for their suggestions. I have also requested a meeting with House Judiciary Chairman Wendell Willard to discuss the matter. There are other ideas that we are considering, and I am sure that our members have ideas. It is crucial that we come up with a plan of action that will be supported by the membership.
I am therefore calling a Special Meeting of the membership for the purpose of designing a plan of action in response to the Supreme Court Decision.
WHEN: NOVEMBER 4, 2017 AT 4:00 P.M.
WHERE: MANUEL MALOOF AUDITORIUM 1300 COMMERCE DRIVE, DECATUR, GA
The topics for discussion will be actions to be taken in light of the Supreme Court Decision; The entry of another provider of pre-certification classes and its effect on GAPPS; the Board’s schism; and, other matters as raised by the membership. Please confirm your attendance as refreshments will be provided.
This shall also constitute notice that, pursuant to Article VIII of the Association’s Bylaws, a Board of Directors Meeting shall be conducted at the same time and location. All members and non-members who are certified process servers are invited.
Paul K. Tamaroff, President
GAPPS in the news again!
Please see Fulton County Daily Report two-page article covering our oral argument before the Supreme Court. Go to http://dailyreportonline.com and click on “Justices Mull Sheriffs’ ‘Conspiracy’ to Ban Private Process Servers.
5th Annual Conference a success – Congrats to the new board!
Our 5th annual conference was a large success!
Congratulations to the newly elected Board of Directors:
Paul Tamaroff – President
Eric Echols- Vice President
Elizabeth Smith- Treasurer
Deb Duchon – Secretary
Muhsin Hassan – Director
Betsy Kidd – Director
Robin Martinelli – Director
Curvin Self – Director
We had close to 100 process servers in attendance, 2 special guests from NAPPS, 4 vendor/sponsors a delicious barbeque lunch and great marketing and fellowship with everyone.
There is much for the new board to take care of in the next year. Watch for communications about how you will be able to help with committees and making the association stronger and better.
*** 5th Annual Conference 3/18/2017 – start time change – now at 8 a.m.***
Due to the amount of material/topics to discuss at the annual meeting of the board of directors, the meeting will start at 8 a.m. on Saturday March 18, 2017 (instead of 9 a.m. as previously scheduled). The Continuing Education portion of the day will still begin at 11 a.m. and conclude at 5 p.m. (includes catered lunch).
Below is the rest of the information about the conference that has already been posted on the “Events” page
Join us in Decatur, GA on Saturday March 18, 2017 for our annual conference, followed by our Continuing Education Seminar.
Prior to the Continuing Education portion of the day, the annual conference / board meeting (which includes the election for all board positions) will begin at 8 a.m. (this is an updated time due to many topics to cover) and will conclude at 11 a.m. At 11 a.m., the Continuing Education Seminar will begin.
Once the new board is in place, committees will be established to further the work for your association – this is where every member can be involved.
For those attending the Continuing Education Seminar, Fox Bros. BBQ will be catering our lunch again this year.
The conference is a great time for you to network with other servers from across the state as well as visit vendors that will be set up.
Speakers to include:
Eric Vennes – NAPPS Director – “How you will be Affected by Compliance Standardization Requirements.”
Paul Tamaroff – GAPPS Director – Case law updates pertaining to Service of Process in Georgia
Process Server Roundtable – We will open up the floor to process server questions/comments pertaining to issues that come up when you’re in the field – one topic that has been requested for discussion is: “how to deal with trespass issues”.
The conference is still only $99!
Click on the link in Events to register!
2017 Education dates for 12 hour pre-certification & CE classes posted
2017 educational dates have been posted for the three 12-hour pre certification classes being offered this year. They coincide with the 2017 test dates announced by the Administrative Office of the Courts (AOC). The test dates can be found on their website: http://ps.georgiacourts.gov/
We have the first 5-hour Continuing Education date set for Saturday March 18, 2017 – which also coincides with the Annual GAPPS board meeting. Get your CE done early in the year and out of the way.
The other two offerings for the 5 hour Continuing Education for 2017 have been posted.
Appellant Brief for GAPPS v. Sheriff
microsoft-word-Part1appellant-brief-12-6-2016-p0042819-4xda70a-docx
Judicial Council’s Proposed Rules Changes
Please see attached the proposed rule changes for the certification program below.
rules-and-regulations-for-process-servers-2016-draft4-sm-10-21-16
If you have any suggestions or changes, please contact Paul Tamaroff at [email protected].
5th Annual Conference and Continuing Education Seminar – date announced
Saturday, March 18, 2017
The conference will be held at the Manuel Maloof Auditorium in Decatur.
More details will be posted as speakers are confirmed.
A catered lunch by Fox Brothers will be provided.
Watch this website for other 2017 educational opportunities to be announced.
2015 education dates announced + intro. to process serving symposium!
The dates for both the 12 hr class for process server Pre-Certification and also the 5 hr Continuing Education in 2015 have been set!
The 12 hour Pre-Certification classes will be held on 2 weekends during the year:
August 22 and August 23
October 10 and October 11
All training classes will again be held at Maloof Building in Decatur, GA. and you may sign up on our Education Page
These dates have been chosen as to coincide with the State Test for Certification >given by the AOC* (in dowtown Atlanta)
*AOC Test dates for 2015 are in process of being set and will follow the class dates
Additional information about AOC state testing may be found by following this link: http://process-server.gaaoc.us/index.php?option=com_content&view=article&id=14&Itemid=14
The Continuing Education Dates for 2015 are as follows:
Saturday 9/12
Saturday 11/7
So you want to be a process server symposium
Saturday June 27, 2015 – This is a first time class for folks who have never served a paper. It will be held in downtown Decatur, the cost is $99 and will cover what a process server is and does, the role of the process server in the legal system, types of process, documents served, who may serve, obstacles to consider before becoming a server, how get in the business among other topics.
Join us for this 5 hour course and you will discover if process serving is something you want to pursue and what the next step is. Watch our site for sign up details, etc.
Jayne Rauser
Director and Training Coordinator
GAPPS 4th annual conference and CE a success!
Thanks to the 65+ folks that attended the GAPPS conference and continuing education seminar this past Saturday.
We had some great speakers, vendors and a good time was had by all.
The 2016 Board of Directors is now published on the site and are:
Robin Martinelli – President
Deb Duchon – Vice President
Elizabeth Smith – Treasurer
Lathan Nichols – Secretary
Paul Tamaroff – Director
Jayne Rauser – Director
John Byer – Director
Curvin Self – Director
Please watch website soon for a list of committees – we’ll be seeking volunteers to help with these areas and would love to have the assistance of more members to strengthen our association.
Thanks, your 2016 GAPPS board
Cobb Superior Renewals
I have been informed by Kim Hicks today (11/18/14) that she will not be mailing out the renewal notices this year. You can access the renewal form on the Cobb Superior website or just click on the link provided in the email that was sent yesterday.
GAPPS in the news-again!
Please find attached an article from today’s Fulton County Daily report.
FDR.3.18.15.Sheriffs Can Ignore
As this article created some confusion about whether or not private process servers are able to continue serving papers in Georgia. Please find attached 2 different explanations which be of benefit to you and your clients.
What’s Next? NAPPS Website.3.19.15
Letter to Editor.3.19.15.RobinMartinelli
Speakers announced for the 3rd Annual Conference & Education Seminar
Our conference will again take place at Dave & Busters at 5900 Sugarloaf Pkwy, Ste 441, Lawrenceville GA on March 7, 2015. The fee for members remains at $99 which includes a continental breakfast, beverages, snacks & heavy hors devours.
Here is the list of speakers/topics for this years conference:
Ray Giudice, Esq a criminal defense attorney who is nationally known, respected and a frequent guest on CBS Atlanta.
Laurie Attaway, CPA who will speak about accounting tips for your small business.
Muhsin Hassan, a certified process server will speak about being a good witness for your client when asked to testify in court.
Rod McClellan a certified process server will speak about when to hire additional servers and how to get the right fit for your business.
Please click on the link below to register:
http://gappsprocess.com/conference-registration/
DeKalb State Order
Please find attached a copy of the 2015 DeKalb State Order.
Fulton State Order
Please find attached the Fulton State Order for 2015!
Henry County Recission
HENRY COUNTY MAGISTRATE COURT RESCINDS APPOINTMENTS
Today’s Fulton County Daily Report announced that former Murray County Magistrate Bryant Cochran was convicted of six felony charges involving the orchestration of the false arrest of a woman who was testifying against him in a state ethics investigation. What has this to do with the announcement by the Henry County Magistrate Court that all appointments will be rescinded on January 1, 2015? Read on!
Recently, one of our members was served by the Henry County Sheriff’s Deputy with an Order to appear in court to Show Cause why her Magistrate Court appointment should not be rescinded. There was no petition or complaint with the Show Cause Order; nothing that would suggest what conduct she was being accused of that would warrant the service of such an Order. She appeared before State Court Judge Ben W. Studdard III and Magistrate Martin Jones and was presented with copies of affidavits of service she had performed. She was informed that each affidavit reflected that she had served the defendant at an address different from the address shown on the summons. This, according to Magistrate Jones was suspicious. He added that he had been told by unidentified persons that they were in fact not served with lawsuits for which affidavits of service had been filed. No petition or complaint containing any such allegations was presented.The hearing was rescheduled to December 9, 2014 at 1:30 p.m.
Director Paul Tamaroff appeared with our member as her attorney at the designated time. Magistrate Jones was in attendance for the hearing before Judge Studdard. When Judge Studdard asked him to present the defense Director Tamaroff noted that a defense could not be presented since there were no allegations to defend against. The affidavits raising Magistrate Jones’ concern were signed under oath by the member and if she were to testify, she would again state that the papers were served at the addresses shown on the affidavits. Magistrate Jones offered that he had been told by several witnesses they had not been served. Director Tamaroff responded that no statements from any witnesses alleging improper service had been presented; that the law required such evidence to be “the strongest of which the nature of the case would allow.” When asked where the witnesses were, Magistrate Jones replied that his office could not locate the witnesses. Director Tamaroff argued that it simply was not fair to require a process server to appear pursuant to a Show Cause Order and testify against allegations that were not properly alleged, much less provided under oath. Judge Studdard agreed and dismissed the Show Cause Order.
On December 11, the Magistrate Court issued its notice that all appointments will be rescinded January 1, 2015. The timing of the notice is quite suspicious. If the Magistrate Court was planning to rescind all appointments, Magistrate Jones would have had advance knowledge. Knowing that the appointments were to be rescinded, what was the purpose in requiring our member to appear and show cause why her appointment should not be rescinded? It begs the question as to whether this action rescinding everyone’s appointment was in retaliation for our process server’s defense.
Deb Duchon, President
DeKalb Superior Appointments Update
Please click below for the Application for DeKalb Superior for next year.
Process Servers fight ‘God’-Like Sheriffs
Please click on link below that will direct you to an article from the Fulton County Daily Report that was published on November 13, 2014.
Article from 11/13/14 Fulton County Daily Report Re: GAPPS v. GA Sheriff’s
GAPPS v. GA Sheriffs
The Reply Briefs submitted to Judge McBurney are now on the GAPPS website, along with the original briefs submitted by each party in support of their respective positions. Although the briefs are substantial (and lengthy), you are encouraged to read them so you can understand the arguments made by each side.
For all intents and purposes, the litigation is over. However, oral argument will be scheduled by Judge McBurney. We will notify you when that is scheduled and hope each of you will be able to take the time to attend the argument in Judge McBurney’s courtroom. A formal decision by the Court could come anytime after oral argument.
Petitioners’ Response in Opposition to Respondents’ Motion for Summary Judgment
Petitioners’ Rule 6.3 Request for Oral Hearing
Respondents’ Response to Petitioners’ Statement of Material Facts
Respondent Sheriffs’ Brief in Opposition to Petitioners’ SJM
GAPPS v. Georgia Sheriffs
Cross-Motions for Summary Judgment and Briefs in Support were filed July 11, 2014. GAPPS Motion and Brief are attached as well as The Sheriffs’ Motion & Brief
Respondents’ Brief in Support of Motion for Summary Judgment
GAPPS 1st Annual Conf. & Education Seminar a huge success!
New GAPPS Board
This past Saturday, we had over 60 process servers attend our first ever conference!
We had vendors, outstanding speakers, distinguished guests, and held our annual meeting culminating in the election of our new board of directors.
The day ended with an exciting cocktail party.
Please check out your new board of directors in the “about us” section of our website..
Posted by Jayne Rauser
Vice President
GAPPS in the news-again!!
Greetings, all —
Last week, the Fulton Daily Report published an interesting article about a case that had been dismissed out of Fulton Superior Court because the process server did not have a permanent appointment.
In response, I sent a letter to the editor about the GAPPS and the Certified Process Server program. The editor called me yesterday to say that they are printing the letter! See a copy of the letter below.
Deb Duchon
President of GAPPS
Metro County Court Appointments
Please find attached the court orders for Fulton Magistrate/State, Fulton Superior, Clayton State/Superior & DeKalb State.
We have also been informed that the Cobb Superior orders are being mailed out so once those are received you will be able to obtain your Cobb State Order.
GAPPS v. GA Sheriff’s
Please click on the link below to download:
In Re: Randy Scott
We have received much correspondence from our members regarding the content of the website maintained by Randy Scott, as well as the e-mails he has issued that slander GAPPS, and some of our members. Many of you do not know Randy Scott and find it difficult to understand his rants, including his support for Georgia sheriffs in our present litigation. NAPPS Administrator Gary Crowe and NAPPS Director Fred Blum have each written articles that address Randy Scott’s behavior and have given GAPPS permission to publish them on our website.
Deb Duchon, President
http://www.napps.org/docket/_pdfs/J-A-13_Director.pdf
http://www.napps.org/docket/_pdfs/J-A-13_AdminArticle.pdf
GAPPS is now a Chartered State Association!
Greetings, fellow GAPPS members –
I have good news! On Saturday, November 9, 2013, the Board of Directors of the National Association of Professional Process Servers (NAPPS) named GAPPS as a Chartered State Association. GAPPS will be the twelfth such Chartered State Association, and, as such, eligible for an annual grant from NAPPS and other honors. The annual grant is based on the number of NAPPS members from Georgia. If you are not a NAPPS member, I hope you will seriously consider joining.
Special thanks to Elizabeth Smith, Frank James, Paul Tamaroff, and Jayne Rauser in making this happen!
Deb Duchon
President
2014 court appointment procedures have been sent to all members – education for 2014
To all GAPPS members:
2014 Process Server Appointments – These were sent out to all members via email at the end of October. Listed are the procedures of how all Metro Atlanta Courts will be handling appointments for next year.
Education- Training Dates – GAPPS in working in conjunction with the AOC to set our dates for educational opportunities for 2014. Keep watching this website as we’ll post the new dates here as they are set.
Jayne Rauser
NAPPS is coming to Atlanta for it’s Annual Conference – April 2014!
For the first time ever, NAPPS is coming to Atlanta for it’s annual 3 day conference – April 3- April 5 2014.
If you have never been to a conference (due to cost, location, time away from your business) now will be your opportunity. I highly recommend it and it’s in our backyard. It’s wonderful opportunity to hear what’s going on with our profession across the country, learn new ideas and it also a great tool for networking.
GAPPS will be involved with several of the activities, including the State Associations’ Party, which is generally held the first night of the conference.
Feel free to contact members Elizabeth Smith or Robin Martinelli, if you would like to help either with this conference or the GAPPS 2nd annual conference (more will be published on that soon)
If you are not a NAPPS member yet, it’s never too late to join. Below is the link to the NAPPS website – which has all of the information.
Regards,
Jayne Rauser, Vice President
Watch WSB News Tonight (10/8)
***NEWS FLASH***
Watch WSB-TV news at 6:00 pm tonight! Reporter Mark Winne is doing a report on process servers in Georgia. Two GAPPS members will be shown serving process!
Our lawsuit against the Georgia Sheriffs was filed yesterday in Fulton County Superior Court and it’s getting attention!!
Fight on!
Deb Duchon
President
Member Update
This is a busy time for GAPPS and there is much to report to our members. As President of GAPPS, I thought I’d send out an update. Let me know if you would like me to send you a monthly update from now on.
Training –
We just completed our second 5-hour Continuing Education program for Certified Process Servers (CPS). More than 30 CPS’s from around the state attended and we were glad to see them.
There are now 105 CPS’s in Georgia! If you are certified, remember that you need to get 5 hours of CE credits every year after the year you are certified. We will be offering the last 5-hour program of 2013 will be November 9.
If you are not yet certified, there is one more opportunity to take the 12-hour course on October 26-27. There is a possibility that Fulton County will follow in the wake of other metro Atlanta counties, and will require that process servers be certified in order to gain a permanent appointment in 2014.
For more information on upcoming training programs, visit the GAPPS website.
In 2014, we will probably offer training program less frequently, depending on when the AOC decides to offer tests.
Legal Update-
We have contracted with attorneys Lee Parks and Harlan Miller to represent GAPPS
in our pending lawsuit against the Georgia Sheriffs Association. Our attorneys, so far, have engaged in an attempt to negotiate an agreement with the sheriffs, but our overtures have been rebuffed. Now they are preparing the first draft of a complaint that we hope will be filed quite soon.
We sent out a request to all certified process servers to send us copies of their “denials” from the sheriffs. Many of you have responded but we need as many as possible for this lawsuit. If you have denials, either to an application for becoming a CPS or being allowed to serve (GSA Form 4), please fax or email it to the GAPPS office. Fax no. is 404-974-2504, or just hit Respond to this email.
Litigation is expensive. We will need to raise at least $100,000 over the coming year, and costs may go as high as $200,000. Please send checks to our Treasurer, Elizabeth Smith. We also need people to join our Legal Fund committee. This is your chance to really take part in some exciting activity!
NAPPS state-charter
We expect GAPPS to be granted state-charter status with the National Association of Professional Process Servers this coming November. Thanks go to Frank James, Paul Tamaroff, Elizabeth Smith, Jayne Rauser and Matt Marks for all your efforts in helping GAPPS achieve this important status.
We hope that more GAPPS members will also join NAPPS (website: napps.org). As you know, NAPPS will hold its annual convention in Atlanta April 3-5, 2014. It’s a great opportunity to meet process servers from all around the US and Canada, to see the latest in software and other services for process servers, and to keep up on the latest news.
Legislative Update
The Georgia Legislature will begin its 2014 session in January, and we’re starting to get ready now. Paul Tamaroff has already met with other interested parties, including our attorneys, to plan for the next session.
Committees
Our Grievance & Arbitration Committee is up and running, thanks to the work of Jerry Lobin, the committee chair. See our website for more information.
The Training Committee, under the direction of Jayne Rauser, is very busy and is looking for fresh new topics (and speakers) for the 2014 CE classes. Contact Jayne with ideas and suggestions.
The Membership Committee needs members! And we need to start a Legal Fund Committee to help raise funds for our lawsuit against the sheriffs.
In conclusion
Thank you for your continuing support of GAPPS. We are the only Georgia-based non-profit association looking out for the interests of process servers. We have had some great successes and some failures, too, but we’ve made a difference in this profession. We welcome new members and renewing members to take part in committees, to attend our quarterly board meetings, and to participate in our activities.
Respectfully submitted
Deb Duchon
President
GAPPS
GAPPS vs. Georgia Sheriffs’ Association
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
line.
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.
Fight on!
Deb Duchon
President, GAPPS
Hill (Demand Letter)
Norris (Demand Letter)
Certified Process Servers – An Analysis
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].
LtrtoGAclients SvcByCPS 03 04 13
Posted by Jayne Rauser, Vice President
2013 12 hr Pre-Certification class dates
The date for the next 12 hr class for process server pre-certification is Sat. March 23rd – Sun. March 24th. Registration will close on 3/21/13 or sooner if we reach capacity.
This class is just a few weeks from the next Certification test (4/16/13) being given by the AOC (in dowtown Atlanta) and the material should be very fresh for those of you that choose to take the next test. Additional information about AOC state testing is here: http://process-server.gaaoc.us/index.php?option=com_content&view=article&id=14&Itemid=14
The class will again be held at Maloof Building in Decatur, GA.
Sign up now – see the education page for registration form
The other 2 remaining class dates being offered in 2013 are:
July 13 – July 14 – to be held in Macon, GA
October 26- October 27 – Metro Atlanta area
As a reminder, this class is NOT a “how to become a process server” but more of an advanced class. It is designed for those that have been serving process as we review of all of the applicable rules, laws and practical aspects that have to be adhered to in order to become a Certified Process Server in Georgia.
Jayne Rauser
Vice-President and Training Coordinator
Procedures for Metro Atlanta Court appointments for 2013
Procedures for Metro Atlanta Court appointments for 2013 (as of 2/6/13)
Clayton State / Superior: Effective July 1, 2013, Clayton State and Superior will require that all 2013 process servers be “certified”. The application period is closed for the year and those that currently have appointments, will have to send in proof of certification by July 1, 2013 to remain on the list – other information may be found on their website: http://www.claytoncountyga.gov/courts/court-administration/permanent-process-servers.aspx
Cobb Superior: Procedure will be the same as last year. Documents may be found on their website: http://sca.cobbcountyga.gov/court_programs.htm#permanent-process
Cobb State: Procedure will be the same as last year: Court will appoint for the year with a certified copy of your 2013 Superior Court Order and paying a $10 fee.
DeKalb Superior: Chief Judge Gregory Adams is appointing process servers on an annual basis if one has taken the 12 hour pre-certification education. The application may be found on a separate post on this website.
Dekalb State: As of, January 17, 2013 – one may serve out of Dekalb State Court for the remainder of 2013 if you are first appointed in Dekalb Superior Court.
Fulton Superior: The Application period for 2013 is closed, but we have the specific requirements listed below:
-
Be at least 18 years old
-
Complete a Superior Court Fulton County Process Server Application
-
Possess a valid Georgia Driver’s License*
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Completion of the Georgia Process Servers 12-Hour Pre-Certification Training in 2012
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Passed the Georgia Certified Process Server State Examination in 2012
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Submittal of a named-based criminal background check run within 2 weeks of application that shows you have not committed any serious criminal offenses**
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Must be endorsed by a member of the State Bar of Georgia in good standing, to have good character, honesty, and integrity
http://www.fultoncourt.org/programs/ps.php. Process Server applications for 2013 must be received no later than December 28, 2012.
Fulton State: Procedure is the same: they instituted 2 year appointments last year and that remains in effect. http://www.georgiacourts.org/courts/fulton/processserver.php
Fulton Magistrate: Effective for 2013, if you are appointed in Fulton Superior Court, you have been added to a list of approved Magistrate Court process servers, for all types of cases – dispossessories, small claims, etc.
Gwinnett State: Applications/renewal forms are on web-site and can be submitted anytime. Filing fee for 2013 will be $58 http://www.gwinnettcourts.com/home.asp#courtsjudges_state_permanentprocessserver/
Paulding Superior: Applications and instructions are in the following link: http://www.paulding.gov/index.aspx?NID=424
You will need to download the Criminal History Authorization Form (must submit to the Paulding Cty Sheriff), Process Server Application & Process Server Order.
This will be a two year appointment and you must have completed the Certification Training and Testing. At this time, we are not aware of a deadline nor has there been mention of a fee for the appointment.
posted by Jayne Rauser, Vice President
Dekalb Superior Ct. announces procedures for 2013 appointments
Incoming Chief Judge Gregory Adams met with GAPPS leaders last week to review the procedures to obtain an annual appointment in Dekalb Superior Court for 2013.
Attached is a link to the affidavit and application with list of requirements.
Dekalb Sup Process Server Docs -2013
Judge Adams will accept applications starting 12/17/2012, but will not be signing orders until after he takes office as the Chief Judge on 1/2/2013. Completed application packets should be returned to the 5th floor control desk for Judge Adams.
Once you receive word that your orders are ready, you will pick it up at the 5th Floor Control Desk, take the order to be filed in, pay the appropriate filing fees and return a copy of the “file stamped” order to the 5th Floor desk marked for Judge Adams. If the “file stamped” order is not returned to Judge Adams, your name(s) will not be listed on the website.
As of this posting, we do not know if there are any changes to the filing fee. If you have several servers in your agency, you will be able to combine the names on one order and pay the additional fee per person.
Posted by
Jayne Rauser, Vice President
Time to renew dues for 2013!
It’s that time of year again to renew your membership for 2013!
We have invested a lot of time in our certification program this past year. More than 200 process servers will have completed the pre-certification training and taken the certification exam by the end of the year. However, much work needs to be done, including further legislative efforts and lobbying of the judiciary to overcome the sheriffs’ actions in attempting to block the legislative intent to allow all certified process servers to serve out of all courts in the State. These efforts can only be effective by maintaining a large and determined membership.
We are looking forward to our first annual Conference in March, 2013. In addition to guest speakers, we will offer Continuing Education credits contingent upon approval by the AOC. The Conference will culminate in a cocktail reception where we can meet and discuss common interests. We are also hoping to set up a meeting with key legislators.
So, if you want to insure that we overcome the obstacles established by the sheriffs to the certification program; if you want to continue to make gains on the legislative front; and, if you want to be a part of a strong association that can accomplish these goals, renew your membership now.
You can renew online and pay by credit card or print out the membership form found on our website at www.gappsprocess.com, and mail it along with your payment to:
GAPPS c/o GAPPS Adminstrator, PO Box 7710, Atlanta GA 30357
GAPPS Members Offered Special Discount For Surety Bond!
GAPPS has arranged with National Surety Services for the $25,000.00 surety bond required for certification to be offered to GAPPS members at a substantially reduced price. Additionally, GAPPS members will not be required to submit to a credit check as a requisite to obtain the insurance policy. The yearly fee for the surety is $100.00, about $100 – $150 less than would be required for non-members. Just fill out the application (link is below) and mail, along with your payment, to:
Michael R. DiGeronimo
National Surety Services, Inc.
1534 Dunwoody Village Pkwy, Suite 220
Atlanta, Georgia 30338-4137
The application may also be e-mailed to:
or faxed to 770-394-6888.
The surety bond will be released once the payment by check is received.
GAPPS has provided Mr. DiGeronimo with a listing of all current members. If you are not yet a member, you can fill out the application on line. Those approved for membership will be added to the listing provided to National Surety Services.
PAUL K. TAMAROFF, President
Status of Certification
We had been waiting for the Superior Court Uniform Rules Committee to adopt proposed uniform rule 48, the rule that would provide for standing orders issued by the courts that would allow certified process servers to serve process for all courts, without having to seek permission from the sheriffs. However, we have been informed that the Committee was unable to reach a majority vote to adopt the rule. While this is a setback, we are moving forward. Although there will be no rule covering all Georgia courts, some judicial leaders are working to have standing orders issued by the larger judicial circuits and courts that will provide the same remedy. In other words, a judicial circuit (that sometimes is comprised of as many as six or more counties, would issue an order providing that certified process servers may serve process out of all the courts of that circuit.
All process servers can assist in this endeavor. We have been asked to provide a listing of the major circuits or counties in which we have difficulty getting appointments. Please send us your nominees, including any specific problems any of these courts are causing.
In the meantime, the GAPPS Board has concluded that all those who have completed the pre-certification training and passed the exam should now complete the certification process as quickly as possible. We understand that obtaining the fingerprint background investigation is taking up to six weeks. While we will be working to insure that those courts that have issued permanent appointments in the past continue to do so, we must be prepared for these courts to all require certification as a requisite for such appointments, or in lieu of such appointments. We cannot wait until the last minute in December to complete the process.
Future sureties will require the county in which one is certified. Therefore, it is suggested that one delay getting their surety until they are sure the sheriff’s office in the county in which they will seek certification is complying with the law. If one has to go to a different county and already has the surety naming the first county, the surety will have to be rewritten. Should you encounter any problems with sheriffs regarding the application process, please let us know immediately so we can resolve any conflicts.
For additional requirements to obtain certification, please refer to your training manual or visit the AOC website at http://process-server.gaaoc.us/
The amendments to O.C.G.A.§9-11-4 require review by the General Assembly during the 2013 Legislative Session. It is important that we have as many certified process servers as possible to show the legislators we have acted in good faith, spending substantial amounts of time and money to follow the procedure the Legislature established, while the sheriffs have acted in bad faith in refusing to implement the intent of the legislation.
Paul K. Tamaroff, President
August 30, 2012
Wanted: GAPPS members for committees!
Calling all GAPPS members – old and new!
This is your time to become involved in the association that is the voice of Georgia Process Servers!
Now that certification for process servers is finally in our sights, we have new members and a new attitude!
We have created committees to help with different aspects of our organization and we now are looking for energetic people that are passionate about our profession to join us in improving and growing our group.
Below are the 4 (four) committees we have identified to be beneficial for GAPPS. We of course can add sub committees to these as we grow and see the need.
Education – In addition to working on improving the 12-hour pre certification class, this committee will also work on developing continuing education modules, an introduction to process serving manual, identify and develop faculty for our programs and future “roundtable type” meetings to name a few items.
If you are interested in becoming a part of the Education committee, contact Jayne Rauser at [email protected]
Membership/Marketing/Benefits – this is a very important committee for GAPPS as it encompasses several vital areas. We will identify ways to grow the membership base, develop relationships with vendors that can provide discounts and benefits for our members. Marketing will entail different aspects, including a subcommittee for a liaison program(to work with other lateral groups or associations, such as the Georgia Trail Lawyers, for example).
If you are interested in becoming a part of the Membership/Marketing/Benefits committee, contact Robin Martinelli at [email protected]
Board members, Frank James and Bill Lutwack will be assisting Robin with this important committee.
Deb Duchon is heading up the Liaison sub-committee and can be reached at [email protected]
Conference – To add more value to our members, we would like to start having an annual conference. One thought is to have it conjunction with one of the 5-hour continuing education modules (required to retain process server certification) and would also include our annual meeting. We need folks to help plan the venue, events, guest speakers, and invite vendors that are beneficial in some way to process servers.
If you are interested in becoming a part of the Conference committee, contact Elizabeth Smith at [email protected].
Board member, Eric Echols will be assisting Elizabeth with this committee.
Grievance and Arbitration – This committee will address any grievances filed against GAPPS members and address accordingly. This committee will also be forming a by-law sub-committee to review and recommend modifications needed to our current by laws.
If you are interested in becoming a part of the Grievance and Arbitration committee, contact Doug Dreeman at [email protected].
GAPPS President, Paul Tamaroff will be assisting with this committee.
Whichever committee sounds “up your alley”, please contact that lead person directly as we look to set these up right away and get to work!
We look forward to growing and improving GAPPS together!
Best,
Jayne Rauser
Vice-President
Process Servers Requested to Provide Marketing Services While Serving Process
Many of us have received e-mail solicitations from CareConnect USA, requesting that we distribute their marketing material each time we serve a paper. The e-mail suggests that we would be providing a needed service to those defendants served with process, as it directs them to a service provider that professes to protect the defendant from the lawsuit. The GAPPS Board of Directors believes that it would be inappropriate, unprofessional, and possibly unethical, for process servers to provide marketing materials such as this, when serving process. Indeed, these materials would seem to be in conflict with the best interests of our clients.
Update to Fingerprint Background Checks
We have had some response to our letters to each of the Georgia Sheriffs regarding the procedures each has established to provide fingerprint background checks and certification to those who are qualified. There is still some confusion, but we are informed the Sheriffs’ Association will be assisting the sheriffs in getting this issue resolved.
In the meantime, Sheriff Neil Warren of Cobb County assures us that his office is “fully prepared to perform the required duties”. The contact person at the Cobb County Sheriff’s Office is Angela Paschal. She may be contacted at (770) 499-4734.
We continue to recommend waiting until we see the final proposed Uniform Superior Court Rule 48. That rule is supposed to establish the procedure for appointments to be made by the superior courts, and should be approved by the Supreme Court in July. We are presently in an “open” period during which proposals and suggestions may be submitted to the Uniform Superior Court Rules Committee regarding the rule, and we have submitted what we consider would be an appropriate rule that would provide for court certification. As we have previously noted, such court appointments would be immune to any attempt by the sheriffs to prohibit service by certified process servers.
Paul K. Tamaroff, President
Gutter Service in CA?
The following article was forwarded by one of our members to Vice-president Jayne Rauser, along with questions regarding GAPPS representation of Georgia process servers. Because of the issue of “gutter service” raised by the article, and the issues raised by our member’s questions, we believe the article and member’s questions are worthy of publication.
Following the article and our member’s questions is President Tamaroff’s reply.
Bay Area residents sue process servers for failing to deliver lawsuits
May 24, 2012 | Bernice Yeung, California Watch
Brian Turner/Flickr
In February 2011, a process server working for ABC Legal Services filed a document with the Alameda County Superior Court saying he had personally served Fremont physical education teacher Matthew Walker with a lawsuit over an unpaid $2,340.76 personal loan.
In his proof of service, process server Richard Lowry stated that he had handed the papers to Walker at the Fremont Unified School District offices at 3:37 p.m. Feb. 15. But Walker says that he never took out a personal loan, and he was six miles away, coaching a basketball game at Thornton Junior High School, when he supposedly was served. A crowd of students and parents could attest to his whereabouts, he said.
Walker is one of 16 residents from Alameda, Santa Clara and San Mateo counties who recently sued ABC Legal Services. The residents filed 14 separate lawsuits in San Francisco federal court between June 2011 and April 2012, claiming that the firm’s process servers lied about serving court papers in debt collection cases. The lawsuits accuse ABC Legal of the “ignominious and shoddy practice of ‘sewer service,’ ” a colloquialism that stems from reports that some process servers throw court documents into sewers instead of delivering them. Individual process servers are also named in these lawsuits.
The process-serving industry in California is largely unregulated, which can leave consumers vulnerable to unscrupulous servers who often are paid per transaction. There is no systematic way to gauge how widespread improper service is, industry experts said.
San Jose attorney Fred W. Schwinn, who filed the suits against ABC Legal – one of the country’s largest process-serving businesses – estimates that there are “hundreds, if not thousands,” of these kinds of cases in California. His review of three months of ABC Legal records found multiple instances in which process servers claimed to be in two places at the same time.
In Walker’s case, B.H. Financial Services, a Los Angeles company that buys portfolios of consumer debt and then tries to collect on them, contacted the teacher about two years ago. Walker explained that his only debts were a car payment and student loans.
Walker also told B.H. Financial representatives that he had been a victim of identity theft, and he said he sent the collections company a copy of the police report. Nevertheless, the company filed a debt collection lawsuit against Walker in January 2011. ABC Legal was hired to serve the papers, and the case was assigned to Lowry.
“It’s a disturbing feeling that you’re being sued over something, and if you’re going to be sued, you want to be sued over something you know about and you did,” Walker said.
An attorney for B.H. Financial, Arash Khakshooy, declined to comment. ABC Legal, its attorneys and Lowry did not respond to repeated requests for comment.
ABC Legal’s website says its process server audit team “analyzes GPS coordinates, time/date stamped photos, process server routes and travel time, protecting you from the embarrassment and compliance risk of fraudulent service.”
According to the Federal Trade Commission and collections industry representatives, the number of debt buyers like B.H. Financial that are attempting to collect on aging consumer debt – sometimes called “zombie debt” – has grown in recent years. These debt buyers purchase portfolios of uncollected debt from credit card companies, banks or other debt buyers for far less than face value – often pennies on the dollar.
Some collection companies rely on increasingly aggressive tactics, including lawsuits. A 2010 report [PDF] issued by the FTC concluded that “certain debt collection litigation … practices appear to raise substantial consumer protection concerns,” including reports that lawsuits had been filed without enough evidence of who actually owns the debt, had been filed against the wrong person or had not been properly served.
A default judgment is entered against a debtor who fails to respond to a collection lawsuit. In the most extreme cases, consumers have had wages garnished and bank accounts levied – even if they had not been properly served and were not aware that a debt collection case had been filed against them.
Critics of the debt collection industry say litigation coupled with improper service allows debt collectors to game the system at the expense of consumers who are struggling to make ends meet.
Debt collection is a competition to “get money from people who don’t have any,” said Scott Maurer, a supervising attorney at a Santa Clara University law school clinic that works with low-income debtors. “Whether they owe the debt collector or not, the Constitution says that everyone has a right to due process and the right to appear in court to contest the debt.”
Collections industry representatives said litigation is a costly last resort, and they also have an interest in curtailing improper service.
“Making sure that consumers receive the information they need and are required by law to receive is a top concern for the industry,” said Mark Schiffman of ACA International, an association of credit and collection professionals. “We don’t do process serving; we hire process servers, and when we hire someone, we want to make sure they’re doing their job.”
In California, those servers need to meet only minimal requirements. Prospective servers must register with the county clerk where they live, undergo a criminal background check and post a $2,000 performance bond. No training is required.
Process servers also generally are exempt from being sued under the federal Fair Debt Collection Practices Act [PDF]. Additionally, state law provides immunity for virtually any statement made in connection with a lawsuit, including proofs of service filed by process servers.
Improper service can be difficult to prove in court, said Santa Clara County Deputy District Attorney Victor Chen, who handled a criminal case involving faked service of lawsuits in small-claims court.
“Short of having the documents that show it’s factually impossible to be served, the process server’s word is going to win out every time,” he said. “A crooked process server who is willing to bend the truth makes it very difficult. It’s rife for abuse. They know that more times than not, they will get away with it.”
Tony Klein, founder of the San Francisco-based Process Server Institute and author of several books about the industry, said servers sometimes are paid as little as $8 to $10 per service, which can create an incentive for some to lie. ABC Legal charges debt collection companies or their lawyers between $59 and $64.50 and pays its process servers between $16 and $19 per successful service, according to documents produced during legal discovery.
“Part of the problem, and I’m not saying that this justifies bad service, is that the business of process serving is to just send paper out with a server and see how cheap they can do it,” Klein said. “Some companies out there pay a flat rate to drive the cost down – , they don’t pay for non-service or not-founds and they are inducing people to fudge.”
Klein added that he thinks improper service is the exception, and process servers sometimes deal with evasive and violent litigants. “There is service going on all day long, and it’s done properly,” he said.
Litigants who believe they haven’t been properly served can file a complaint with the local district attorney’s office or the state attorney general, which can pursue criminal cases against the company or individual server. The California attorney general’s office said it does not provide information about complaints that have been made to its office.
The civil lawsuits filed by Walker and other Bay Area residents have moved forward because they have claimed in federal court that ABC Legal and its process servers should not receive exemption under the Fair Debt Collection Practices Act because they were not legitimately serving lawsuits.
Schwinn, the lawyer representing the residents, said during a time that a San Jose woman was hospitalized, ABC Legal server logs showed she was personally served at her home. In another incident, the wife of a debtor was reportedly served last February at the couple’s Santa Clara home, even though she had been dead since November 2010.
“A quick review of the logs shows that there were a number of purportedly personal serves at residential addresses between midnight and 5 a.m.,” Schwinn said, “and that there are a number of instances of what I would deem ‘Superman service,’ where a process server puts down two different addresses at the same time, as if they were in two locations at the same time.”
According to ABC Legal server logs, one server claimed to serve two people simultaneously on 18 occasions during a three-month period in 2010; another server logged 16 serves between midnight and 5 a.m. in a seven-month period during 2010 and 2011.
Schwinn said that although these cases specifically involve debt collection, they also address a larger, underlying legal issue.
“The legal system completely breaks down if these unregulated people don’t do their job,” Schwinn said.
Rick Heimerich’s Comments:
I attended the Certified Process Server class this past weekend and was impressed by the level of professionalism that most in the class seemed to have. I have only been doing this for a couple of years and appreciate that there is a professional organization who’s goal seems to be maintaining the integrity of the process serving business and I am considering membership for this reason. That being said, I recently ran across an article that I wanted to bring to your attention. As I read the article, I began wondering where GAPPS loyalties would lie. I have copied and pasted the article so as to be able to highlight and bold certain sections.
I highlighted the section from the founder of the Process Server Institute because he identifies a problem but doesn’t offer any solutions to the problem. If GAPPS gets what it wants as was discussed this past weekend and we are considered Certified Professionals in Georgia, does GAPPS represent and stand behind me or big box companies like ABC Legal Services? ABC is not alone in their business practices. It seems to me in my short time in the business that we are not competing with the Sheriff, we are competing with each other by seeing who can do the job cheaper, not better. I have never “sewer served” a paper and would not consider doing so. My personal ethics tell me to “do it right or don’t do it at all”. However, unethical servers, and I have met a few, can undercut my prices by not doing the job in a professional and competent manner. A professional should be able to command a higher fee for a job well done but this does not seem to be what big box companies are looking for. I am well aware that GAPPS has no control over a big box company but, as you can see, one company can have detrimental effects on an entire industry.
Rick,
The issues you raise are very complicated, requiring a little background.
Unfortunately, the situation in California is not an isolated instance. Just a few years ago, the New York Attorney General conducted an investigation of many instances of “sewer service” in New York by subcontractors of one large New York City process serving company. More recently, a similar situation arose in Florida involving another large process serving company. The Federal Trade Commission (FTC), became so concerned that it conducted several “roundtables” around the country, inviting representatives of the various entities involved (collection attorneys, consumer protection agencies, judges, lawyers, etc.). As president of NAPPS I was invited to be on the San Francisco Roundtable. Then NAPPS’ Vice president Larry Yellon (presently NAPPS President) represented the profession at the Washington, D.C. Roundtable. The FTC recognized NAPPS as the representative of all process servers throughout the country. The roundtables dealt with only the papers served pursuant to the Fair Debt Collection Practices Act (FDCPA). The concern was that so many defendants were coming in and trying to re-open defaults against them, contending they were never served with the summons and complaint. Like I said, the California incident is not isolated. Additionally, most of the problems concern collection accounts. These are accounts that have been written off by the original creditor and sold and resold many times for pennies on the dollar, so that when the debtor is sued, he/she does not even recognize the entity listed as the plaintiff. In such situations, many debtors simply ignore the summons until they are being garnished several years later. By that time, many debtors may not even remember being served.
Process servers are exempt from the FDCPA, but they are also victims. The firms that purchase debts for pennies on the dollar insist on paying bottom dollar for everything, including service of process. We are not talking about a few papers; we are dealing with millions of collection accounts. So, the firms involved in this “industry” work with only a few large process serving companies. They pay very little. In New York for example, payment to the process serving company was about $25 per paper. The process serving company then would contract with process servers all over the state for as little as $5 or $10 per paper. As pointed out by Tony Klein (awarded the NAPPS MacDonald Award just a few years ago), this leads to corruption of the process. These process servers getting $5 or $10 per paper are not members of an association. In states without rules, like New York and California, they have no statutory guidance for their conduct. They know that in the vast majority of cases, the defendant will default. Therefore they weigh the risks and decide to engage in “sewer service”.
The California Association of Legal Support Professionals (CALSPRO) is an association that represents process servers and other legal support professionals in California. CALSPRO is set up to support large companies in California. They do have individual members as well (less than 200 in a state that has thousands of process servers). My experience reflects that CALSPRO responds to legislation that adversely affects process servers, rather than engaging in a proactive way to propose and encourage legislation that raises the professional requirements of the profession. This may be a reason that CALSPRO, although having been in existence (previously as CAPPS) for many years, has a relatively small membership in a state that has a multitude of process servers.
Now to the specific issues you raise. Regarding Tony Klein, it is unfair to say he did not offer any solutions. We don’t know what Tony told the reporter and what the reporter might have left out of the article. Tony did the original draft of what is now the NAPPS’ “Best Practices” that GAPPS has adopted. Tony is recognized as one of the top authorities on process serving in the country. He has written a book on the subject. He is always available to respond to questions raised by process servers throughout the country. It is understandable that the news media would go to Tony for his thoughts on the subject of “gutter service”.
What is unfortunate is that the writers of the article did not go to CALSPRO, or even NAPPS. I wrote a letter to each member of NAPPS Board of Directors noting this point, suggesting that there is something wrong when journalists do not interview representatives of the state association that contends it representatives of California process servers, or even the National Association. As a past president of NAPPS I recognize that much of NAPPS’ strength comes from its development of state associations and vice versa. NAPPS has played no small role in the development of GAPPS.
Compare the situation in California with that of Georgia. In Georgia, GAPPS representatives have worked for over 8 years to get legislation that forces process servers to raise their level of knowledge and professional integrity. The actions of GAPPS representatives reflect that GAPPS was never intended to benefit these representatives, but was always for the higher purpose I have described. Indeed, in addition to the time devoted to pursuing the legislative goal, a great deal of money was donated by these same individuals. You can see in the pre-certification training that the instructors are volunteers who are not getting paid for their efforts. One rule we have is that, other than to identify ourselves, we do not even mention our companies during the sessions.
Our speaker in the February training was House Judiciary Chairman Wendell Willard. Without the Chairman on our side, we would still be struggling. This last time our speaker was Chief Judge Scott. We are now known by the entire Georgia Judiciary, including all the judges, the Judicial Council (chaired by the Chief Justice of the Supreme Court), and the Administrative Office of the Courts. For the first time, we have the courts on our side regarding certification and they are planning a Uniform Superior Court Rule for certification by the courts that will trump the sheriffs’ plan to keep certified process servers out of their counties. We have found an insurance agent that will give each of our members a substantial discount for the required surety bond. Our efforts are designed to have all process servers in Georgia join GAPPS. That will make GAPPS an even stronger force than the sheriffs. We will be able to pursue even more legislation that benefits, not just the process servers, but all Georgia citizens.
It is true, as you say, that we are competitors. However, that does not make us enemies. There is enough work for all of us, and price competition is a small part of the equation. We have process servers whose prices will range from $50 to over $100 for the same service. While there are some attorneys who are concerned only with price, there are many more who want to have a professional relationship with their servers. And, there is good reason for all of us to want the prestige that comes with certification and the respect that brings from the legal community. As Judge Scott pointed out, certification will justify even higher charges. GAPPS cannot dictate prices. But, with the support of our membership, we can dictate professional conduct of our membership. I believe that, over time, all process servers will find it worthwhile to join GAPPS. When that happens, even the “big box companies” will be forced to pay reasonable charges if they want a process server in Georgia. Already, one of these companies has been in contact with us to insure that they retain the services of only those servers who get certified. I am sure they will get a break on price because they forward a substantial amount of work. However, I do not believe certified process servers will lower themselves to a level that demeans themselves and the profession. I am very excited about the future of the profession in Georgia.
PAUL K. TAMAROFF, President
Georgia Association of Professional Process Servers
Surety Bond information for Process Server Certification Program
We are pleased to announce that GAPPS has an agreement from a surety company to provide the $25,000 surety required for certification at a substantially reduced price, and without the need for a credit check. All that will be required is the name, address and telephone number of the applicant, along with payment for the one-year premium of $100.00 and evidence of being a member of GAPPS. Absent membership in GAPPS, the yearly premium will be substantially more. The savings will be more than enough to cover the cost of GAPPS membership.
As we have previously explained, it is suggested that requests for the required background check be placed on hold. A couple of our members have been checking the procedure that the sheriffs will follow, and at this point it appears the sheriffs are not prepared to fulfill their statutory obligation. We will be sending letters to each sheriff asking what procedures have been established to comply with the statute. In the meantime, we expect that the procedure for appointment by the courts will be in place by the end of July, and we recommend such certification as the best course of action, avoiding the problems inherent with certification by the sheriffs.
For those of you who want to take advantage of the surety discount and are not yet GAPPS members, you might want to join now. There will be no savings on membership dues by waiting until July, and the dues will only cover this year. Additionally, we will be required to provide the surety company with evidence of membership for those applying for the surety. Additionally, by joining now you will be receiving e-mail updates regarding the certification program, the status of certification by the courts and other matters relating to present and future appointments.
$75 is the cost of the annual GAPPS membership and you can find the application here on our website.
As far as how to obtain the surety, if you are a member, you will receive the application from GAPPS, once the company has provided that to us. We hope to have it sometime next week.
Paul Tamaroff, President
Certified Process Server Training
The Certified Process Server program established by O.C.G.A.§9-11-4.1 is almost ready for implementation. As the designated training provider, GAPPS has been ready to provide the required training for some time now, but has been unable to commence offering the training because the AOC has not yet set the testing procedure. We are hoping that this procedure will be established shortly, and have decided to tentatively set the dates for the first class as November 12 and 13, 2011. The location will be at one of the Atlanta libraries.
The training is set with the backdrop of all 159 sheriffs taking the position that they will not allow certified process servers to serve process in “their” counties. Therefore, one should seriously consider whether the expenditure of substantial personal funds to obtain certification is in one’s best interests. The fees are set by the Judicial Council. Thus, they are mandatory. Article 12 of the Judicial Council Rules lists the fees. The fees total $435.00 plus the cost of the fingerprint processing fee (set by the sheriffs). Certification is for three (3) years. So the yearly cost comes to about $150.00. This is less than what some courts are charging for a one-year “permanent” appointment. There is presently a bill in the legislature which, if passed, would remove the sheriffs from having any authority over certified process servers. If passed, a certified process server will be authorized to serve process out of any court in the state without further appointments.
One should also take into consideration that some courts have ended their permanent appointment program and other courts have modified the procedure in obtaining permanent appointments. We have been informed by the Fulton County Superior Court’s Office of Administration that Fulton Superior will recommence issuing permanent appointments, but only to certified process servers. We would expect other courts to consider following a similar procedure.
Another factor that is important is the prestige that will come with certification. Clients will take note of those process servers listed on the various court websites (as well as the website of the Sheriffs’ Association), that are certified and have completed the certification process. The letters “CPS” after one’s name will take on serious meaning. Taking these factors into consideration GAPPS needs to know about how many process servers (members and non-members), presently intend to attend the certification course. Initially, the course will be offered in Atlanta. We also hope to offer the course at other locations around the State.
The GAPPS website will eventually have additional pages, including one that deals with certification training, and which will have a downloadable application. In the meantime, it is requested that those who plan to take the course contact vice-president Jayne Rauser at:
Jayne will provide an application and details regarding a required deposit to confirm your reservation.
Uniform Interstate Depositions and Discovery Act
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.
Court Further Refines Due Diligence Standard
The Georgia Court of Appeals further refined the standards to establish due diligence when perfecting service outside the statute of limitations. In a case in which the complaint was served 19 days after filing, and just 13 days outside the statute of limitations, the Court held the plaintiff did not establish due diligence, and affirmed the trial court’s dismissal of the complaint. Akuoko v. Martin, Case No. AO9A0311; 09 FCDR (07/10/09).
The case arose out of a vehicle accident that occurred March 6, 2006. Complaint was filed February 29, 2008 and served by the sheriff March 19, 2008. Defendant moved for dismissal. Plaintiff submitted an affidavit reflecting plaintiff’s due diligence. It consisted of submitting the papers to the sheriff for service at a correct address and the plaintiff and plaintiff’s attorney contacting the sheriff’s department “repeatedly” to inquire on the status of service. On at least three occasions they were told the deputy had been unable to find the defendant at home, but attempts would continue.
The Court affirmed the trial court’s conclusion that the affidavit did not establish due diligence “because [the plaintiff] failed to specify when she first became aware of the sheriff’s initial unsuccessful attempt to serve [the defendant], or when or how many times [the plaintiff] contacted the sheriff’s department thereafter.” The Court further stated, “As the burden rests on [a plaintiff] to ensure diligent service, [the plaintiff] must provide specific dates or details to show diligence and cannot rely on conclusory statements.” The case is most interesting in the manner in which the Court responds to plaintiff’s citation of Lee v. Kim, 275 Ga. App. at 554-555. There, the plaintiff provided the sheriff with the papers for service just one day before the statute expired and the sheriff did not serve the papers until 11 days after the running of the statute. In Lee, the plaintiff was unaware the sheriff was having any problem serving the papers and simply allowed the sheriff to make service without question. The trial court found the plaintiff did not engage in due diligence. However, the Court of Appeals reversed, stating the plaintiff was justified in waiting for the sheriff to perfect service. The difference between the two cases, according to the Court of Appeals, is that in Lee, the plaintiff did not know there was any problem with service, and in the present case, the plaintiff, only because she checked with the sheriff’s department, knew the papers had not been served.
It seems to this writer that the Court of Appeals is clearly off base in differentiating the two cases in this manner. Clearly, the plaintiff in the instant case acted more diligently than in Lee because she at least kept checking on the status of service. In Lee the plaintiff did nothing. The Court seems to penalize the plaintiff in this case for actually checking on status.
Although a poorly decided case, we must live with it. It is important that in circumstances where the papers are not served within 5 days after the statute expires, we document every attempt, every conversation with neighbors (including names, dates, etc.), and every act we take in furtherance of perfecting service. It seems this Court of Appeals has redefined due diligence to mean extraordinary diligence
Case Law of Interest to Process Servers
Due Diligence Cannot be Supported by a Non-specific Affidavit
Montague v. Godfrey, Case No. A07A2392 (02/08/08)
In this case the Court of Appeals dismissed a personal injury suit against one defendant for insufficiency of service of process pursuant to O.C.G.A.§9-11-12(b)(5). The Court held the plaintiff failed to show he acted with due diligence in attempting to serve process subsequent to the passage of the statute of limitations.
Plaintiff, using the services of the sheriff, had been unable to serve this defendant. The sheriff informed plaintiff that the defendant was not at the address provided by plaintiff. In support of his claim that he had engaged in due diligence, plaintiff relied solely on the affidavit of an investigator who stated he had been asked to determine the defendant’s address and that “on several occasions” he visited the address on the police report but was told the defendant did not reside there. The investigator also stated he attempted to locate the defendant at the last known place of employment; conducted a search of court records, utility records, vehicle registration, drivers license, public records and postal records in Georgia; and he checked for defendant’s name on several data bases “over the last 45 days.” The investigator stated that none of those efforts were successful.
The Court concluded the plaintiff had not met his burden of showing due diligence in attempting to locate the defendant. Specifically, the Court stated that, “[a]n affidavit submitted in an effort to show diligence must provide specific dates and details, not simply generalized, summary statements.” (emphasis added). Without the specific dates, or a chronology of the plaintiff’s efforts to effect service, the Court held that the trial court is placed in the position of being unable to determine due diligence.
This case shows the importance of keeping meticulous notes regarding all attempts to locate and serve a defendant. The court is not going to accept a generalized statement that we attempted to locate and serve a defendant.
