December 2, 2006
TPSA MEMBERS BEWARE!
Association Id. Card Could Get You Arrested!
Earlier this year, leaders of the Texas Process Servers Association created and distributed
an identification card to its members. However, they failed to warn the membership about
the dangers of being arrested for displaying the card at the wrong time or for the wrong
reasons.
Private process servers, certified or not, are not entitled to access to persons or property
that would not be granted to any ordinary citizen. Process servers, certified or not, are
ordinary citizens. This includes access to information about citizens they are trying to serve
(i.e., private information from employers or apartment managers). Members who use this
card to gain access to restricted property or to obtain private information for the purpose of
serving process can be arrested for impersonating an officer and/or fraud.
The TPSA’s ID card is completely legal; but, in light of the above facts, it is also completely
useless. This issue is not about identifying one’s self. It is about the server’s authority or,
more precisely, a “perceived” authority. A process server is in violation of the law if any
form of identification is displayed that gives the impression of a “perceived” authority.
At the last legislative session, one process server from San Antonio testified that he used his
Bexar County blanket order ID card to gain escorted access to restricted areas at a military
base. The Bexar County card only confirmed that the server was authorized to serve the
process, not authorized to go anywhere he wanted. Any server who uses an ID card to gain
access to property that any ordinary citizen would not be granted could be arrested. Since
certification does not confer any special authority, identifying yourself as a “certified”
process server is meaningless. What’s more, it could get you arrested if misconstrued.
The best and safest way for process servers to identify themselves is by displaying a Texas
driver’s license or State-issued ID card. This will enable the public to verify your name on
the Supreme Court Certification list; and it will protect you from having your authority
misconstrued.
Once again, TPSA leaders are putting their members (and the industry) at risk. They have
failed to properly explain the dangers of this issue to their membership. They are, as usual,
letting their desires for regulating the industry get in the way of good judgment and their
members’ best interest. Certification was created as an alternative to the case-by-case and
county-by-county method of authorization. They are jeopardizing the program by trying to
change it into the license they couldn't achieve at the last legislative session. Do you want
the government in charge of your business just for the sake of a useless ID card?
The Certified Civil Process Servers Association of Texas wants to protect its members and
the rights and freedoms of the industry. Months ago we suggested an example ID card
anyone can obtain on their own. With this example came a warning that it is not to be used
illegally. The process servers who run the CCPSAT believe that special identification is not
necessary to be an effective process server. We should know. We have been serving
without an ID card or badge for nearly 20 years. Process servers are simply messengers.
Not having a badge (and the regulation that accompanies it) sets us apart from the
constables. It also is one thing that makes us more efficient than them. In fact, all it takes is
one defendant to falsely claim that you misrepresented yourself when you flashed an ID card
to get your certification yanked. It's better not to use any unofficial form of ID.
FOLLOW-UP TO THIS STORY-
TPSA MEMBERSHIP DIRECTOR MAKES AN EXAMPLE OF HIMSELF.
Story by:
Tod E. Pendergrass
Director, The Certified Civil Process Servers Association of Texas
Member, The National Association of Professional Process Servers