JUNE 23, 2008-
FISHING EXPEDITION LANDS PROCESS SERVERS IN PRISON
Process Server Narrowly Avoids The Penitentiary For Unintentional Typo
In a recent TPSA meeting, there was reportedly discussion regarding the review of officer's returns
for the purpose of filing complaints against process servers. The fact that such a suggestion was
even made is evidence of how the goal of full-blown licensing & regulation has clouded the better
judgment of some industry leaders. It is unclear if this plan has been implemented.
Pro-regulators are trying to give the PSRB as much evidence as possible to use at the next
legislative session. They want to convince the Texas Legislature that private process servers are so
bad that licensing and regulation are necessary. This cannibalistic plan, if true, shows just how far
they are willing to go.
PSRB COMPLAINTS NOT ONLY A DANGER TO OUR CAREERS, A DANGER TO OUR FREEDOM.
Case in point: Ms. Denise Tutor
Ms. Denise Tutor is a hard working process server in Harris County. Harris County, like many other
counties, is one where a private process server simply can not compete without being certified. This
is because, like with Bexar County, the Harris County blanket order was rescinded shortly after
certification took effect and virtually all the judges in Harris County refuse to sign case-by-case Rule
103 orders. Ms. Tutor has served hundreds of papers. In turn, she has completed and filed
hundreds of officer’s returns.
In 2007, a frivolous complaint was filed against Ms. Tutor alleging she had falsified an officer’s return.
According to the record, Ms. Tutor served process on an attorney by delivering it to a receptionist.
However, when Ms. Tutor prepared her return, she did not notice that the part about the receptionist
had been inadvertently omitted. Ms. Tutor contends that is was an honest mistake. She said it was
nothing more than an unintended omission and she would never try to trick or mislead the court. Had
she known about the mistake she would have immediately filed an amended return pursuant to Rule
118, T.R.C.P.
Nevertheless, the PSRB (in its infinite wisdom) decided to revoke her certification. They were
completely indifferent to Ms. Tutor’s claim of innocence. They were completely unconcerned about
the total destruction of her career. They were ruthless for a first time "offense."
Now, Mr. Tutor could appeal the PSRB’s decision. Pursuant to Rule 14, R.J.A., she could ask the
mighty PSRB for a reconsideration, but she had no additional testimony to give them; she had already
admitted to the mistake and she already stated that it was an unintentional, honest oversight. A
reconsideration would take at least three months despite the fact that Ms. Tutor needs her
certification every single day. When the PSRB reconsiders their decision (which, with no new
evidence, would most certainly have resulted in the same decision), only then could Ms. Tutor have
asked for an appeal to a panel of judges. That, too, would have taken up to three months or more.
So, after as much as six months or more, would Ms. Tutor still have a job waiting for her? Not likely.
And, what if the panel of judges agreed with the PSRB. Bye-bye Ms. Tutor, time to start looking for a
new career.
But, this is not the worst part. The person who filed the complaint against Ms. Tutor also filed criminal
charges with the District Attorney. We have been unable to confirm who urged the complainant to do
this, but there exists the possibility that it was a PSRB member. The PSRB Complaint Sub-Committee
Chairman is a constable. But, because the defendant had already filed an answer in the case, the
issue of service became a moot point and the judge in the case refused to overturn the service. In
turn, the DA refused to pursue criminal charges against Ms. Tutor. Thank goodness for Rule 121, T.R.
C.P.
Ms. Tutor was lucky. The existence of the PSRB is absolutely endangering private process servers.
Our futures, our careers and our freedoms should NOT depend on luck. What happened to Ms. Tutor
could happen to anyone of us. I guarantee that every single one of us has made a mistake on a
return at some point in our careers. If you haven’t yet, you will. Do we deserve to go to jail for it?
Heck no! No one deserves punishment unless they are intentionally trying to defraud or deceive.
The private process service industry is devoid of such a record. Anyone who tries to put a process
server in the penitentiary for an honest mistake should be shot! Where’s my gun?
Story by:
Tod E. Pendergrass
Director, The Certified Civil Process Servers Association of Texas
Director, Texas Process Watch
P.S. We have at least one source who was present at the TPSA meeting in San Antonio where the
discussion of reviewing returns allegedly took place. We are seeking confirmation from others who
were at the meeting. Anyone having information is encouraged to contact me at
directresultslegal@yahoo.com or 800-205-3007. Thank you.