LICENSING- (A/K/A LICENSING & REGULATION)
Licensing and regulation is only appropriate in the most extreme instances when the
public health or safety is in immediate peril or when fraud is so pervasive that the
government cannot enforce private contracts without it.
When considering the licensing of an industry, the following questions, among others, are
asked about that industry:
1. Would licensing provide a measure of protection to the industry's customers and/or
the general public?
2. If so, what is that measure and is it large enough to substantiate the licensing of an
entire industry.
3. Would the execution of the duties of a process server who does not have a license put
the customer and/or the public at greater risk of harm than that of a licensed server?
4. If so, how much greater?
5. If fraud is prevalent, would licensing significantly reduce or eliminate the fraud?
Fraud is not a problem in the private process industry and clearly, knocking on doors is
not a dangerous activity. All manner of salesmen go door to door. The fact that process
servers are often bringing bad news does not put the customer or the public at risk. The
process server is the one who needs to be wary of his or her surroundings.
LICENSING IS NOT TO BE USED AS A METHOD TO REGULATE THE COMPETITION:
TPW understands that some of you are having trouble competing with new novice
servers that come into your area and set up shop. These inexperienced servers
undercut the market price by as much as half and usually provide substandard service to
their clients, thereby making us all look bad. If you are experiencing this problem, Texas
Process Watch has solutions and licensing is not one of them. Just email us and we will
help you.
Certification- (Like Certified Court Reporters)
Certification works very well for this industry without the need for licensing.
Commission- (Like Notaries Public)
Other than just being a messenger, process servers are more like notaries public than
any other legal profession. There are approximately 400,000 notaries in Texas. The
Texas Secretary of State has successfully commissioned and "regulated" notaries for
decades. Their process is simple and adequate and should be duplicated for process
servers. Many process servers are already commissioned as a notary public.
Licensing and regulation is only appropriate in the most extreme instances when the
public health or safety is in immediate peril or when fraud is so pervasive that the
government cannot enforce private contracts without it.
When considering the licensing of an industry, the following questions, among others, are
asked about that industry:
1. Would licensing provide a measure of protection to the industry's customers and/or
the general public?
2. If so, what is that measure and is it large enough to substantiate the licensing of an
entire industry.
3. Would the execution of the duties of a process server who does not have a license put
the customer and/or the public at greater risk of harm than that of a licensed server?
4. If so, how much greater?
5. If fraud is prevalent, would licensing significantly reduce or eliminate the fraud?
Fraud is not a problem in the private process industry and clearly, knocking on doors is
not a dangerous activity. All manner of salesmen go door to door. The fact that process
servers are often bringing bad news does not put the customer or the public at risk. The
process server is the one who needs to be wary of his or her surroundings.
LICENSING IS NOT TO BE USED AS A METHOD TO REGULATE THE COMPETITION:
TPW understands that some of you are having trouble competing with new novice
servers that come into your area and set up shop. These inexperienced servers
undercut the market price by as much as half and usually provide substandard service to
their clients, thereby making us all look bad. If you are experiencing this problem, Texas
Process Watch has solutions and licensing is not one of them. Just email us and we will
help you.
Certification- (Like Certified Court Reporters)
Certification works very well for this industry without the need for licensing.
Commission- (Like Notaries Public)
Other than just being a messenger, process servers are more like notaries public than
any other legal profession. There are approximately 400,000 notaries in Texas. The
Texas Secretary of State has successfully commissioned and "regulated" notaries for
decades. Their process is simple and adequate and should be duplicated for process
servers. Many process servers are already commissioned as a notary public.
Definitions