| The CPSAT Supports Membership In The National Association of Professional Process Servers |
| CIVIL PROCESS SERVERS ASSOCIATION OF TEXAS |
| ABOUT US: The Civil Process Server Association of Texas began in 2005 as the Certified Civil Process Servers Association of Texas. It was created by Founding Directors, Dana McMichael, Billy Deel and Tod E. Pendergrass, in order to address several issues relevant to the industry. In 2010, the "Certified" designation was removed from the association name. The Founding Directors built their process serving companies, careers and this association on the principles of free enterprise and constitutional provisions. The Texas Supreme Court's "certification" program is a form of licensing and regulation which can only be created (and funded) by the Texas Legislature. Private process servers in Texas are without the same protections that are afforded to all other regulated occupations. The leaders of the C.P.S.A.T. endeavor to correct this breach of powers and oppose legislation designed to perpetuate the disparity. GOALS:
FOUNDATIONAL BASIS: The Founding Directors considered all the facts about process service when forming this association. Such factors include: For decades, all private process servers in Texas have ever wanted and needed was "Statewide Authority." This authority can be achieved by several means. In light of the following, it would be illogical to apply a higher standard of regulation to practitioners that deliver civil court process from lower jurisdictions. The U.S. Supreme Court's Rules 4 and 45, FRCP, allow any disinterested adult to serve civil court process, subpoenas and even criminal court subpoenas anywhere in the world. A majority of states mirror the U.S. Supreme Court's rules regarding "Who May Serve." The qualifications for private citizens to serve civil court process in Texas are maintained in Rules 103 & 536(a), T.R.C.P.; certification is an optional credential. However, without the statewide authority certification provides, the majority of our colleagues would be restricted or prevented from serving process. Despite what has become for most a mandatory requirement, the Texas Supreme Court still allows any disinterested adult to apply for an order from the trial court to serve process on a case-by-case or county-by-county basis. This disparity was created when the Court implemented the certification program and it should be noted that it is a disparity that was (a) intentionally created and, (b) one that favors the pro-regulators' goal of mandatory statewide licensing. The Texas Supreme Court allows any disinterested adult to serve Texas process outside Texas, Rule 108, T.R.C.P. The Texas Supreme Court and Texas law allow any disinterested adult to serve all forms of subpoenas in Texas, Rule 176, T.R.C.P, and criminal court subpoenas and grand jury subpoenas. No laws have been passed in Texas that regulate the industry, but, at least SEVEN laws have passed that allow any disinterested adult to serve the exact same types of process. There is no body of evidence suggesting that the private process service industry in Texas warrants regulation. There is no record of rampant criminal behavior, pervasive fraud, or harm to the general public. Texas law requires the Legislature to review, consider and implement occupational regulation; and the level of regulation must be the least restrictive form to achieve the singular goal of protecting the public. Licensing is the highest form. Process servers are already sufficiently regulated by law. There is no infraction that a private process server could commit that is not already addressed by existing civil and criminal laws. Process servers have oversight and are vetted by the attorney clients who hire them. Attorneys in Texas must be licensed to interpret and apply the law. There is no question or issue relating to serving process that can't be presented to the attorney client. Private process servers must swear to the facts of service under oath and/or penalty of perjury for each and every job. Perjury, filing a fraudulent instrument and tampering with a government document are crimes. This is a deterrent fairly unique to the industry. The market share has steadily moved from the government sector to the private sector. This is a direct result of the fact that private process servers are more efficient and reliable than the constabulary. Attorneys are choosing private process at an ever increasing rate. Attorneys are not petitioning the Texas Supreme Court or the Texas Legislature to regulate the industry. Private process servers are practitioners of a free-enterprise, self-regulated and attorney- vetted occupation. Industry-promoted training and continuing education have been available for many years. News, information and case law developments are disseminated through many sources such as on this site at no charge. Lastly, it became obvious early on that those who have pursued some 15+ attempts to regulate our industry always have something to gain. The level of greed and cronyism displayed by these special interest individuals reached a point of embarrassment and has had an detrimental effect on the overall reputation of our industry. This may be the single most important reason the Civil Process Servers Association of Texas was created. All of us deserve to be treated like professionals and be afforded the same protections as all other regulated occupations without violating the Constitution or infringing unnecessarily on free-enterprise. Sincerely, Your Founding Directors Billy D. Deel Dana McMichael Tod E. Pendergrass |