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Licensing Benefits

  • Licensing would allow the customers of process servers, court personnel, and all Minnesotans to have access to information regarding the process server.  For example if someone with a common name served documents currently and had their signature notarized by someone who does not know them (a bank teller or court clerk) and their employer didn't keep good records it would be very difficult to identify the specific person who signed the affidavit.  Registration would close this potential hole in our system.
  • Background checks would prevent those most likely to defraud or harm from being process servers.  For example in the current system someone convicted of felony assault could be serving process.  Given the sometimes contentious interaction between a process server and the person they are serving having people convicted of violent crimes going to the homes of Minnesotans in the evenings to serve process is a recipe for disaster.
  • Having a test to discern if the process server is well versed in the most basic of service rules would prevent incidental errors where a process server believes they have made proper service when they have not.
  • Requiring insurance would protect the clients of process servers from errors made by them.  There are numerous examples of cases where the actions or inactions of a process server can lead to large losses for the entity that their customer is representing.
  • Requiring a bond would provide some remedy if a process server acts improperly (see news) and the harmed party was unable to collect from the process server themselves.
  • Requiring continuing education would serve to keep licensed process servers informed of any changes to rules or statutes that affect the validity of service of process.
  • Requiring an ethics component in the continuing education would serve to inform and remind process servers of their responsibilities to their clients, the courts, and to those that they have been hired to serve.