2016 1st Quarter - Florida Association of Professional Process Servers
Transcription
2016 1st Quarter - Florida Association of Professional Process Servers
1st Quarter Board of Directors Meeting - February 20, 2016 Established 1982 The Official Newsletter of the 1st Quarter Edition Florida Association of Professional Process Servers January 2016 25th Annual Conference Inside this issue: President’s Report 4 Administrators Report 8 Welcome New Members 9 Legislative Report 10 Conference Information 17 Learning by Serving 26 Getting Started in Business 28 April 15th—17th, 2016 Embassy Suites Lake Buena Vista South Dedicated to promoting Professionalism, Education, and Networking for over 30 years Embassy Suites Orlando - Lake Buena Vista South Kissimmee, FL 2 2015-2016 Association Guide Board of Directors Committees Lance Randall, President Arbitration & Grievance Pembroke Pines Chair: Allen Bryant, allen@aallen.com Members: Janet Deal, Sean Segel (954) 214-8263 email: Lance@lri.us Mike Compton, Vice President Best Practices Amy Boyd, Bob Musser Tallahassee FAPPS Distinguished Service Award (850) 877-9809 Chair: Diana Wardwell, dwardwell@wcipi.com email: Mike@ProcessAmerica.com Members: Mike Compton, Bob Musser, Lance Randall, Margie Zawacki Denise Rock, Secretary Finance & Investment West Palm Beach Chair: Margie Zawacki, margiez@hctjudge.com (561) 296-7574 Members: Gary Crowe, Bob Musser, Lance Randall, Diana Wardwell email: DRock@rocklegal.com Formal Education (AFPS) Margie Zawacki, Treasurer Sarasota Chair: Allen Bryant, allen@aallen.com Members: Russ Aloi, Bob Musser, Lance Randall, Denise Rock, Diana Wardwell Elections (941) 954-0169 email: margiez@hctjudge.com Chair: Bob Musser, BobM@dbsinfo.com Members: Diana Wardwell Allen Bryant, Director Legislation Orlando Chair: Mike Compton, mike@processamerica.com Members: Russ Aloi, Allen Bryant, Janet Deal, Troy McDonald, Lance Randall, Diana Wardwell (407) 872-0560 email: Allen@Aallen.com Member Benefits Melody Bulso, Director Tampa (813) 877-2844 x2036 email: mbulso86@gmail.com Frank Carreras, Director Plantation (954) 214-5194 email: fappsfxc@yahoo.com Bob Musser, Director Chair: Joe Osborne, joe@tsilegal.com Process Server Appointment (PSAC) Chair: Melody Bulso, melody.bulso@provest.us Promotion & Growth Chair: Frank Carreras, fappsfxc@yahoo.com Members: Lance Randall, Diana Wardwell Technology Committee Chair: Sean Segel, tampaempire@gmail.com Allen Bryant, Mike Compton, John Shelley Winter Park Website (407) 679-1539 Diana Wardwell, administrator@fapps.org email: BobM@dbsinfo.com Webmaster: Bob Musser Sean Segel, Director Parliamentarian Tampa Bob Musser, BobM@dbsinfo.com (813) 251-9197 email: tampaempire@gmail.com FAPPS LOBBYIST Bob Levy Administration & Membership: Diana Wardwell Email: administrator@fapps.org P.O. Box 72 Melbourne, FL 32902 –0072 (321) 952-0820 (877) 38-FAPPS Tollfree (321) 728-0818 Fax Newsletter Submissions: Submissions to the Paper Chase are highly encouraged. The preferred method of submission is electronic via email to administrator@fapps.org in Microsoft Word—though plain text format is fine. Articles will be edited for style, grammar, and length, if necessary. Spelling will be checked but it would be a good idea if the author checked this as well prior to submission. Advertisements must be camera ready. Electronic submissions are strongly encouraged. All of the relevant information regarding advertisement submissions—including sizes available, ad rates, and deadlines are on the submission form. The Fine Print: The Paper Chase is published quarterly by the Florida Association of Professional Process Servers, Inc. (FAPPS) a not-for-profit Florida corporation, for the benefit of the members. FAPPS assumes no responsibility for the accuracy of any article printed herein, nor do the articles necessary reflect the policies or opinions of FAPPS unless specifically noted. The articles are not to be construed as legal or accounting advice—those with such needs should consult the appropriate professionals. The editor reserves the right to edit any article for content, grammar, length, and style. 3 PRESIDENT’S REPORT LANCE RANDALL, PRESIDENT This will be my last news letter message as your President as the end of my term draws near. It has been quite the honor to have served as your leader for the past four years and we have accomplished many amazing things during that time. My original intent of this farewell message was to recap all of those positive accomplishments. However, with the abundance of potential changes on the horizon we simply cannot look at the past just yet. There will be plenty of time for that at the annual conference in April. What we need to focus on today is the impending technology changes that threaten our existence and the future of our association. As society evolves, technology evolves and with it comes many new ideas of how every aspect of life can be improved. There will always be someone out there searching for what they imagine is a better way, a cheaper way, a faster way. They want to utilize technology to replace human beings. Their belief is that the use of technology eliminates the common mistakes made by humans. Some seek a continuous labor force that does not need to take breaks and can work around the clock. I believe that in some instances, we have become too reliant on technology and when it fails, it fails big with huge financial repercussions. Computers are also not free from defect and are subject to manipulation by anyone who has access to their programming. While everyone should welcome technology as it improves the quality of our work product, we should never welcome it to a point where it replaces human interaction. FAPPS has continuously lead the pack when it comes to being proactive and this year will be no different. With several proposed legislative changes to service of process, we are again showing our ability to think ahead. The most important piece of our proposed legislation is the introduction of the definition of Electronic Service and by whom said service may be made. This proposal couldn’t have come at a better time as the FL Chief Financial Officer’s office; service of process department is also seeking to introduce legislation of their own. Their bill seeks to allow them to receive service of process electronically; a move that if not properly addressed could eliminate the need for a non-interested trusted third party to actually execute the delivery of such process. Imagine the problems that will arise if those whom need the process served to bind the court’s jurisdiction and those tasked with the acceptance of such service to be bound by such jurisdiction are permitted to use the honor system to accomplish such an important part of the legal process. If we could simply rely on the honor system, there wouldn’t be a need for the legal system or a judicial process at all. The legislative body is continuingly changing. As younger people rise in their newly elected positions, so do their ideals and desire to place their stamp on history. These newcomers are also very tech savvy and have become comfortable with all the gadgets readily available. With this in mind, we must figure out a way to take advantage of new technology and still remain relevant. President’s Report Continued Next Page 4 President’s Report Continued So as we look toward the future, we must also consider who will to serve on our Board of Directors for the upcoming year. Nominations are now open and it is time for you to bring forward those you feel can and will continue the progress we have made. Who can you think of to fill the position of our next President or Vice President? Do you know anyone who is organized and responsible to be our next Secretary? How about someone who is trustworthy and can handle the financial responsibilities of being our Treasurer? The position of a Director is a great stepping stone for future advancement to an officer position. There are 5 director spots available on the FAPPS BOD and provide a plethora of learning opportunities to new board members. It is equally important to encourage new people to get involved. Volunteering to be a committee chairperson or at the least, a member of a particular committee is a great place to start. There are endless positions within the committee environment for anyone to help out. Maybe they only have 10 minutes, every other day or 10 hours a week. Being a sounding board that we can toss ideas off could go a long way to helping launch even the smallest of tasks. The only way this association will strive is with fresh new ideas or a new twist on an old idea that wasn’t quite ripe enough at the time. Sitting back hoping someone else will come forward is a scary thought when your entire livelihood may be at risk. As I end this message, I hope to see you at the conference. Come out and show your support, take advantage of the educational seminars as well as the networking opportunities and make your presence count by casting your votes for the next group of people to take a seat on the board and lead us into the future. Wishing you all well, Lance Randall, AFPS President, Florida Association of Professional Process Servers Lance@lri.us, www.fapps.org TPC 25th Annual Conference April 15-17, 2016 Embassy Suites Orlando-Lake Buena Vista South 4955 Kyngs Heath Road Kissimmee, FL 34746 https://aws.passkey.com/event/13915634/owner/10810031/home 1st Quarter Board Meeting February 20, 2016 9:00 a.m. The Point Orlando Resort 7389 Universal Blvd. Orlando, FL 32819 (866) 994-6309 3rd Quarter Board Meeting July 23, 2016 9:00 a.m. Wyndham Grand Jupiter at Harbourside Place 122 Soundings Avenue Jupiter, FL 33458 (800) 996-3426 5 Make Plans to Attend a Membership Listings are continuously updated throughout the year upon notice of any changes FAPPS Meeting Get Involved! Email updates to administrator@fapps.org Confirm your listing at www.fapps.org - Member Search Deadline for final changes prior to Annual Membership Directory Printing is April 18, 2016 25th Annual Conference April 15-17, 2016 FAPPS IS ON FACEBOOK! “Like” our page today and share with others Search “Florida Association of Professional Process Servers”. You can also view the page at www.Facebook.com/FAPPSonFB 6 7 ADMINISTRATOR’S REPORT Diana Wardwell Dear Members, Welcome to 2016! FAPPS has yet another busy year planned with upcoming meetings, our 25th Annual Conference, Educational Classes, and Networking Opportunities. We continue to promote the association to increase awareness of the important role of the professional process server and expand benefits for members. Membership dues are now past due. If you have not had a chance to forward your payment, it’s not too late to renew. Maintain your active membership status by renewing by January 31, 2016. We also have many advertising opportunities in our newsletter, directory, banner ads and mailing labels available. Our advertising form is included online and at the back of the newsletter. There has been no change in any of our rates which still remain quite competitive to benefit members. Contact me to reserve your ad space today! Upcoming Publication Deadlines & Calendar Dates March 24, 2016 Conference Registration & Hotel Deadline See Page 18 for Full Conference Details April 18, 2016 Newsletter & Membership Directory 2nd Quarter Newsletter - Advertisements & Articles Membership Listing Confirmation Deadline Membership Directory Advertising Deadline Surveilx, Inc. Palm Beach & Alachua County, Florida Membership Report December 15, 2015 Active Members 283 Associate Members 84 Pending Applicants 2 Total 369 Interest and participation in our Member Referral Program remains strong. This is a great way to receive a $25 discount off your 2017 dues for each person you refer. The current cycle of the program runs through October 31, 2016. If you have any questions on any of our programs or services, do not hesitate to contact me by phone or email. It is a sincere pleasure to continue to work with each of you and I hope to see you at an upcoming meeting. Diana Wardwell, Administrator TPC Process Server Bonds Full Service Insurance surveilx1@gmail.com (561) 627-5377 or (561) 371-8548 “Low Price Service for Corporate Creations Network” 8 Welcome New Members Applicants are published the first day of each month at www.fapps.org and through email notification. Applicants automatically become a member the first day of the following month, pending no objection. Thank you for your support of FAPPS! Steve Bahamondes S & M Process Serving, LLC P.O. Box 1114 Dundee, FL 33838 (863) 604-1279 Keith Stalcup Certified Corporate & Process Services P.O. Box 496448 Garland, TX 75049 (972) 279-6100 Guy W. Allen AKA Process, LLC 1822 Marigold Ave. Sebring, FL 33875 (863) 471-9788 Michele Amic Amic Process Services, LLC 1160 Woodland Terrace Trail Altamonte Springs, FL 32714-1808 (407) 310-0090 Dante DePanicis Stellar Documents, Inc. P.O. Box 741854 Boyton Beach, FL 33474 (561) 736-9193 Rob Cole Rob's F.T. Process Servers, LLC 504 S.E. Eighth Street Ocala, FL 34471 (352) 615-5715 Heather S. Phalin On Point Process Servers 5200 NW 43rd Street Gainvesville, FL 32606 (352) 225-5082 Help grow FAPPS and receive a discount on your membership dues for your efforts. Member applications received by October 31, 2016 will be counted toward your dues for 2017. Special & Certified Process Servers INVESTIGATIVE PROCESS SERVICE, INC. SANDRA KAYE EISENBERG, PRESIDENT Contact fellow process servers and provide them with an application for membership with your name listed on the “referred by” line. 390 North Orange Avenue Suite 1650 Orlando, FL 32801 P.O. Box 3551 Orlando, FL 32802-3551 407-426-7433 Fax: 407-426-6968 Toll Free: 1-888-426-7436 You will receive a $25 discount off membership for each person that you refer (up to a free membership). 9 Legislative Mike Compton Committee Chair mike@processamerica.com (850) 933-9333 FAPPS has sponsors on both sides of the House and Senate. This was a difficult year to get committed sponsors due to last year’s session being cut short. The bills that did not get heard last year were again on most legislators’ plates and therefore there were limited available slots. The session began January 12 and is scheduled to go through the end of February. The Chief Financial Officer (CFO) submitted a Bill this year that will allow for electronic service from Attorneys. If/when this bill passes and is signed by the Governor service can be made to CFO (200 Gaines St.) by e-mail, mail, fax, Process Server and by any electronic service. Remember only the attorney can determine the mode of service. The Bankers Association also submitted a Bill that will only allow service at one designated location. If passed, we will no longer be able to serve branches or other facilities except the designated location determined by the CFO website. We met with them and were able to make some significant changes from their original proposal. The following 2 proposals are inclusive of the Bill we have submitted. We will work these through different committees on both sides and hopefully get them to the floor. Stay tuned and when we discover more information we will share it via FAPPS web page. Legislative Proposals; 1. Add the following to Chapter 48.031: (5) If the address for the registered agent, officer, director, or principal place of business is a virtual office, service may be made by leaving a copy of the process with the person in charge of the virtual office if the registered agent, any officer or director or the business maintains an office at the address. 2. Update Section 8. Section 49.13, Florida Statutes, is created to read: 49.13 Electronic service of process.—On filing a motion with the sworn statement attached as an exhibit, and otherwise complying with the requirements of this chapter, the plaintiff is entitled to have an order from the judge granting service of process electronically. Service of process electronically may only be perfected by a special process server authorized to serve process under s. 48.021. All electronic service shall be done by a person authorized to serve process pursuant to FS 48.021. As you reflect on each one of these issues, please understand that none of them have become statutes but when you attend the annual convention you will know the status of each one. My good friend and fellow process server Mike Nolan has written a very serious and heartfelt message to all of you. His message is letting you know this is the beginning of the future of our profession, either get involved now or get left behind. Legislation is not the panacea but with your involvement and willingness to change it is extremely valuable. Legislative Report Continued Next Page 10 Legislative Report Continued With the talented, unselfish members we have in our association FAPPS will always be successful together as one voice. Just to let you know this session was more than just one person. With the concern of CFO and Bankers bill we were able to reach out and get input from Bob Musser, Lance Randall, Mike Nolan and as always the legislative committee. The back and forth of FAPPS bill had been going on for 3 years. You may ask why it has taken so long, but politicians have many people pulling them in various directions. These are the makeup of your legislative committee members. Janet Deal, Diana Wardwell, Russ Aloi, Lance Randall and Allen Bryant, mostly Bob Levy and his staff. Please stop by and thank each one. I am sure they will say it was a team effort and many times we all had to swallow our type A personalities to do what was best for FAPPS. Thanks to all of them for their willingness to serve, because if it were not for them we would never have had a chance. I would like to recommend we call the Virtual office bill “The Denise Rock Law”, once it passes. Denise brought it to our attention and was relentless. She would never let us forget it and was ready to assist at a moment’s notice. A special acknowledgement to Allen Bryant who is our behind the scenes man or “The Oz”. Allen received so many of my calls and emails needing immediate action and he made it happen. His guidance was much needed but when he told me to follow the yellow brick road he lost me. Thanks again to all of the members and if it was not for each and every one our success would have been nil. Thanks, Mike TPC Mike Compton, Vice President & Legislative Chairman O’Rourke Investigative Associates, Inc. Corporate Offices: 1225 N. King St 4th Floor Wilmington DE 19801 Post Office Box 368 Wilmington DE 19899-0368 Low Flat Fee ANYWHERE in the State of DELAWARE GPS Verified Service Data *SAME DAY SERVICE SPECIALISTS* Field Offices in Lewes DE, Philadelphia PA and Ocean City NJ Private Investigation Staff of Retired FBI, State Police and Wilmington PD (866) 427-3600 * (302) 427-3600 * (302) 656-8977 fax service@ORourkeInvestigative.com 11 12 Nolan Process Servers, LLC 7498 Anglewood Lane Tallahassee, Florida 32309 Telephone: (850) 562-6058 Telefax: (850) 552-9552 E-Mail: mike@nolanprocessservers.com E.I.N. #30-0409761 To: All FAPPS Members From: Michael C. Nolan, CPS #111 Date: January 10, 2016 Re: 2016 Proposed Bill Service on the Department of Financial Services By way of introduction my name is Michael Nolan and I am the owner of Nolan Process Servers, LLC. I have been a process server in the State of Florida for over twenty (20) years. The purpose of this communication is to bring you up-to-date as to the proposed legislation regarding service of process (electronically) on the Department of Financial Services. At this time, DFS will accepted service one of three ways: regular mail, certified mail and by a process server. The Proposed Bill, as it stands right now, is going to be passed. So, what does this mean to you as a process server? The answer is no matter where you are in the State of Florida and no matter what certified server is utilized for service to this State Agency, the work is going to be greatly diminished. Again, I reiterate, this certainly affects the servers in Tallahassee. However, it will also affect all of you who send work to Tallahassee to be served on this Agency. So the question begs, what can we do? Our approach is not to just “give up” and stand aside such that the State will have its way. There are numerous meetings by various Committees (in both the House and the Senate) taking place in the upcoming months. THESE MEETINGS ARE OPEN TO THE PUBLIC. As a Citizen of the State of Florida and a process server with quite a bit at stake, I cannot emphasize enough the importance of personal attendance at any or all of the meetings such that a united front will be presented on behalf all process servers in the State of Florida. FAPPS is 100% behind us as well as Bob Levy (lobbyist for FAPPS) and his supporting staff. This equals only a handful and/or small portion of the support that needs to be presented prior to the passing of the Proposed Bill. PLEASE!! don't just sit back and think that “I don't need to go because I can't or won't make a difference.” You are the difference. You are needed! As previously stated this will affect each and every one of us monetarily. Should you have any questions and/or concerns, not only is my office number listed above but my personal cell phone number is (850) 556-6465. I hope to see you in Tallahassee! MCN:l 13 14 Education Course Schedule April 17, 2016 9:00 a.m. to 1:00 p.m. DO YOU NEED AN EDUCATION CLASS TO APPLY FOR OR RENEW YOUR LICENSE OR CERTIFICATION? 4 Hour Annual Renewal/Continuing Education Course Embassy Suites Orlando -Lake Buena Vista South 4955 Kyngs Heath Road Kissimmee, FL 34746 Contact administrator@fapps.org to register Our course is approved in the following areas: 9th Judicial Circuit – Initial licensing & 10th Judicial Circuit – Initial licensing & 20th Judicial Circuit - Renewal 19th Judicial Circuit – 20 Hour Initial licensing renewal renewal FAPPS AFPS Accreditation Use the FAPPS AFPS designation to promote your commitment to continuing education CONTACT DIANA WARDWELL, ADMINISTRATOR @ administrator@fapps.org (321) 952-0820 to be added to the list for classes to be scheduled in your area. Changes to Federal Rules of Civil Procedure Effective December 1, 2015 Numerous amendments to the Federal Rules of Civil Procedure came into effect on December 1, 2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These amendments will have a variety of effects on the preparation of cases and the handling of potential claims. The following is a summary of the significant change that affects service of process. Rule 4: The new rule reduces the time for service of process after the filing of a complaint from 120 days to 90 days. It also appends a new waiver of service form to the rule. 15 16 Election Procedure In 2003, the FAPPS Board enacted changes in the Policy and Procedure Manual and established an Election Committee (EC) to ensure that our election procedure is fair, smooth, and efficient. The goals for changing these procedures were these: To ensure that candidates have sufficient time to think through what it means to be a leader of FAPPS and to allow them to put their thoughts in writing. To streamline the procedure so that nominations and the election itself do not take over the entire convention. To allow the members sufficient time to find out who is running, read their position papers, and make informed, considered, intelligent decisions on who they want to lead FAPPS. The elections for 2016 will be for the full slate of officers and directors. Nominations will be accepted in writing (paper or email is fine) by the Election Committee (EC). The nomination window for 2016 is from January 4th, 2016 through April 6th, 2016 at 5:00 pm EST. There will NOT be an additional nomination window at the annual convention itself. The EC will verify that the nominee is eligible to hold office and ask the nominee to Accept or Decline the nomination. The EC will ask that each Nomine furnish a one page “position paper” as early as possible in the election cycle. These position papers will be published on the FAPPS website on a weekly basis. In addition, the final date to provide a position paper will be April 11, 2016 at 5:00 pm EST. All position papers will then be gathered into a handout to be distributed to the members during convention registration. This will allow sufficient time to review, ask questions of the candidates in person to better make a decision about the leaders they are about to elect. Nominees, their acceptance or decline status, and their position papers will be kept up to date on the FAPPS website. Once the Nomination Period is open, please send your nominations via email to the Election Committee Chair, Bob Musser, at BobM@dbsinfo.com and be sure to include the nominee’s name, the position nominated, and if you know it, the nominee’s email address. As Nominations are made and accepted, you’ll be able to check the status anytime on the FAPPS website at www.fapps.org/elections. Here Comes The Judge ProVest, LLC AlaServe, LLC Database Services Process Services, Inc. Select Document Services Additional sponsors are welcome and appreciated - Spotlight your business through advertising and sponsorship Contact Diana Wardwell, Administrator - administrator@fapps.org for more details 17 Florida Association of Professional Process Servers 25th Annual Conference April 17-19, 2016 Embassy Suites Orlando Lake Buena Vista South 4955 Kyngs Heath Rd. Kissimmee, FL *Networking *Education *Fun Events *Annual Meeting *Elections *Exhibitors Special Sponsorship and Advertising Opportunities Available www.fapps.org * administrator@fapps.org Florida Association of Professional Process Servers * 321-952-0820 P.O. Box 72 * Melbourne, FL 32902-0072 18 19 Conferenc e Speake r ker a e p S e c n e r e f n Co Skip Tracing for Process Servers Education coming to you at the FAPPS Convention 2016 By: Steven K. Brown Author of The Complete Idiot’s Guide to Private Investigating Steven Kerry Brown began his investigative career with the FBI. He received his training in Quanitco, VA and was assigned in several locations nationwide and in Puerto Rico. He worked on Foreign Counter-Intelligence (FCI) and helped develop FCI assets (Double Agents and informants) in Chicago, Phoenix and Puerto Rico. After Leaving the Bureau, Steven Brown initiated Millennial Investigative Agency. This agency has been licensed in the state of Florida for over 30 years. The scope of investigations handled by Millennial have included all categories and any type of investigation one could imagine. We have invited Steven Brown to prepare for us a presentation of skip tracing, due and diligent affidavits and the boundaries of a process server. 20 FAPPS 25TH ANNUAL CONFERENCE APRIL 15-17, 2016 KISSIMMEE, FL 4 Annual fapps bingo B–4 th You saY bingo is for retirees on a cruise… You need to try BINGO at the 2016 FAPPS convention. Sign up for a few hours of fun after the Welcome Reception on Friday Night. We look forward to seeing all our previous players/winners and some new faces too! ~Amy Boyd GOT RAFFLE ITEMS? In addition to our 50/50 drawing, all throughout the weekend we raffle off items donated by our members, sponsors, and exhibitors. Gather your items and bring them to the registration desk at the conference. You can also mail send them to the administrators office. 3rd Annual President’s Cup Golf Tournament Friday, April 15, 2016 7:30 a.m. Contact: Lance Randall - Lance@lri.us Diana Wardwell - administrator@fapps.org 21 22 23 24 The Pawsitive Direction Program Denise Rock The Pawsitive Direction program developed by Denise Rock and Loxahatchee Animal Rescue Community, Inc. (L.A.R.C.) is a program designed to assist not only shelter dogs, but the men in custody in the Okeechobee Correctional Facility work camp. It is the intention of this program to have Melody Owens, owner of Star Dog Obedience, teach the men how to train the dogs brought into the program basic obedience, socialization, and more. The end goal is for the dogs to receive their Canine Good Citizen (CGC) certificate therefore giving them a better opportunity for adoption. This program not only gives the dogs a second chance, but will provide the men serving prison sentences skills in hopes they are able to find gainful employment utilizing said skills when released. The canines within the Pawsitive Direction program will be pulled from Palm Beach County Animal Care and Control. Most will be considered of adult or senior age. Special consideration will be made on a case by case basis for younger canines to join the program. Florida Association of Professional Process Servers Masquerade Ball 2016 The Board of Directors and Convention organizers request the pleasure of your company at the 25th Annual Celebration of the Florida Association of Professional Process Servers. Saturday, the sixteenth of April , two thousand sixteen at six – forty five in the evening. Embassy Suites Orlando – Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, FL 34746 * Masks Requested ** Registration must be received by March 24, 2016 to avoid a late fee 25 Learning from Serving An Educational Forum Submitted by Dr. Denny Howley Catch Me/US IF You Can!!! Situation Smoking out the “rat hole” Our Professional, long experienced Process Server was assigned to serve four (4) defendants who were officers in a corporation. The serves had to be individual serves. The Corporate Summons had already been served on an employee (between the hours of 10:00 am-12:00 pm Monday-Friday), at the office listed with the Florida Division of Corporations. No Registered Agent or other officer of the corporation had been available at that time. While the serve had not been a success, it had shaken up the office and the lawyer, who undoubtedly was nervous over his “culpability” in thwarting the four serves. Ergo, he would want the AVOIDERS out of his office ASAP. They, the payers of his fees on the other hand, would have wanted to drag their feet and seek to delay the departure for fear of running into the Server in the building lobby or loitering on the street outside the building. The question for the server, therefore, was how long would it take for the lawyer and the AVOIDERS to reach a compromise, so their departure from the building could take place. Our Server’s client told him that the four corporation officers were seeking to AVOID service. At the time, the lawyer-client said, the four AVOIDERs were in conference with their attorney at their attorney’s office in a Professionalism, Experience and Patience high rise professional building complex. Since our Server knew three of the four by sight, from previous serves, he Fortunately, it didn’t take too long for the lawyer to hoped this job would be a “slam dunk” and promptly persuade the four AVOIDERS to vacate his office, as our drove to the AVOIDERS attorney’s building. Server waited patiently for the building to “discharge” the “find-me-if-you-can four”. About fifteen minutes after Obstructing the Service of Process (843.02) ? leaving the “protective” lawyer’s office, the four cautiously exited the building, obviously relieved not to be met by a Process Server. They paused for a quick smoke to A few minutes later, our hard-charging Server arrived at relieve the tension and a few words before going their the attorney’s building and took the elevator up to the separate ways. Stepping into a partially concealed doorway office. In the reception area he asked the receptionist for the attorney. She called, and a few minutes later, a woman of the building, they lit up. who identified herself as the “assistant to the attorney” came out. Our Server explained why he was there and she Our server, overjoyed with his evaluation of the situation said she would see if the attorney or any of the individuals and the “smoke break”, walked up to the “find-me-if-youthe Server was seeking were in the office area. Some ten can four”, who were in a huddle with their backs to him. (10) minutes later, the “assistant” returned and with a He greeted them cheerily and addressed each by name as straight face, stated the attorney “was not in” nor were the he handed them their respective documents. The “John four individuals sought there either. Our ever polite Doe”, unknown number four’s hand was already out to Server pointed out to the assistant that maybe the truth was receive his papers. As our smiling Server left the group, he being bent a bit, since he knew the attorney who was commented on the dangers of smoking, adding “good luck “out”, was in fact in the conference room with the four and have a nice day”. defendants. After a few minutes of stalling, the somewhat flustered “assistant” led the unbelieving Server to the conference room. Amazing though it might seem, the conference room was empty! More than a little irritated at the obvious duplicity, and blatant obstructing the service of process, our server left the firm’s office and returned to his car. Learning By Serving Continued Page 25 26 Learning By Serving Continued COMMENT Had our Server not called the “assistant”/lawyer’s bluff, and meekly departed, this would be yet another story of a lawyer “blowing a lowly Process Server” away. The “assistant”/lawyer, by denying that the “find-me-if-you-can-four” were in the office, became a “player”. The firm, lawyer and “assistant”, now had potential ethical and obstructing the Service of Process issues that could be exploited. Whether either issue could be won in a court of law is another question. But even if either or both of the charges were filed it could be costly, “image wise”, to the lawyer, his firm and possibly have financial consequences as well. By stating he knew the lawyer and “find-me-if-you-can-four” were in the conference room at that time, our Server had dropped a “very hot potato” in the firm’s lap. The material for this article “Catch Me/US IF You Can!!!” was provided by Woody Murray, Serve Legal Process, (813) 254-8762. Thanks Woody for great story, which high-lighted the fact that PROFESSIONAL Process SERVERS are ALWAYS THINKING. A Professional NEVER Stops Learning TPC 27 Some Thoughts on Getting Started in the Process Serving PROFESSION Submitted by Dr. Denny Howley It’s probably more than presumptuous on my part to write such a “Think Piece”, but possibly it will help “newbies” just getting started in our PROFESSION or even trigger the on-going thought process’ with others as well. Take my analogy of getting on a rush hour crowded subway in New York City. When you first push, squeeze, slide into a space on the body-to-body subway car you will feel agitation, sometimes anger, sometimes words, until the next stop. Then the process begins again, but you I think at the outset one needs several things and they are the one being pushed further back by another seeking include: to get a “space” on the already crowded subway car. As the process continues, you become generally accepted as 1. A Plan “us”, those holding a standing room space against “them”, 2. Some “Seed/investment” dollars, since it takes the new comers at each stop seeking a “body space” on time to get into a PROFESSIONAL business area the subway car. where there are already established businesses. 3. A willingness to LEARN I have an entire card file of Process Server Business’ 4. A willingness to invest “sweat equity” “wanna-bees”; Process Servers who quit. Process Serving business’ that got off the “subway",' cause they didn’t have a plan, seed money or could not deal with the A Plan realities of the Process Serving business environment (i.e. Making money is certainly a criterion for anyone seeking competition, finding clients, time needed, etc.) to have a business, but the planning has to be more A Willingness to Learn pointed and “bite-size”: - Are you seeking to, at some stage, make a livelihood in the Service of Process or just supplement other income? - Will you initially “supplement” your Process Serving “venture” with “other” financial resources (jobs, savings, etc.)? - Are you thinking “small”, i.e. gradual steps to achieve your “plan”? Such as: Phase I – JOIN Processional Organization like FAPPS/NAPPS and getting involved. Phase II - seek clients directly or serve for established Process Serving business. Phase III – Develop your own “core” of clients. Phase IV – Start out sourcing Serves to subcontractors. Phase V- to be determined by you. Each phase should have “little steps” as well and be continuously evolving. Seed/Investment Money Here the reality test is an honest look at yourself and the general business environment of Serving Process. As human beings we are ALL “self-centric”, but the “competition” and the “climate” of the business arena we seek to enter, or expand into, is generally not as impressed with us as we are with ourselves. I readily admit when I became a Process Server, back in 1997, I could hardly spell “Process Server”. Hence I joined PROFESSIONAL Process Serving organizations, went to the meetings, et al, to get a basic feel for the business and the kinds of people and problems that existed in the business environment. Then there are the fundamentals of understanding the basic documents served, since we are required to explain at least a bit of what it means to the person served. Of course, there are the basic legal requirements of Florida Statue Chapter 48, which should be read, understood, practiced and FREQUENTLY REVIEWED. Monitoring outside forces that could impact on the Process Serving environment or changes to Chapter 48 are equally crucial On the other end of the learning curve is ACTUALLY SERVING PROCESS. This is a face-to-face experience; knocking on doors to people you don’t know, some of whom may be hostile. It is a “people skill” that not everyone has or can handle. The Process Server has to be prepared to satisfy the “legal” requirements, avoid confrontation, all the while demonstrating courtesy, PROFESSIONALISM and often self-restraint. “Getting Started” Continued Next Page 28 “Getting Started” Continued And of course, there is the most “ unfun”, in my opinion, part of the equation – the paper work, Return of Service, files, billing etc. But Remember when you get a document from a client you ARE THAT CLIENT! What you do reflects on THEIR PROFESSIONALISM, their good name and will determine IF you get return business as well. -- Basics like: Is the paper work done in a timely manner? Is it done correctly with no misspellings and typos? Is the client’s name listed properly and spelled correctly, etc? This documentation is where the rubber meets the road – it is a LEGAL DOCUMENT and should be treated as such. -- Then there are those annoying areas such as - folks who do not provide returned addresses, or phone numbers, “forget” the check and/or are s l o w sending payment or don’t bother to provide “instruction” as to exactly how they would like the documents and documentation handled. If you are successful to the point where you are “farming” service out to others, just remember to treat everyone as you would like to be treated – no matter how hectic and frustrating it gets on your end. Investing “Sweat Equity” “Sweat Equity” means basically doing what you have to do to get the job done and creating a “happy” client. Ahhh yes… don’t expect many kudos, because your clients are busy as well with their own businesses. However, return customers should satisfy some of that human desire to get “stroked”. The many, many attempts just to get that serve completed; the sometimes “strange” and almost always long hours to accomplish it; the old, incorrect names or address’, are all part of the “cost “ of doing business as a PROFESSIONAL Process Server. Such as this one I recently got to serve a woman at POE – turned out to be an “adult entertainment operation”, which OPENED at 11:00 PM, and CLOSED at 6 AM. And of course no one uses their real name in this type of “entertainment facility”…maybe the first one, but certainly not the last. Nonetheless she was served, the client was “happy” and my wife didn’t get upset (anyway she didn’t say anything to me…yet J) Just another day or challenge in the life of a PROFESSIONAL Process Server. A Professional NEVER Stops Learning Dr. Denny Howley owns and operates Dr. Denny Howley d/b/a serving process in Key West, ONLY (33040, 33041, 33045) Capital of the Conch Republic. Denny downsized after Hurricane Wilma in 2005 from covering the entire Keys when the Process Servers Cooperative of the Florida Keys ( PSCFK) became Dr. Denny Howley. He has been in the business of serving process since 1997. Denny lives in Key West with his wife Beverly and three “critters” Sophie, Shadow and Pepper. TPC www.fapps.org Your Everyday Resource! Legislative Updates Florida Statutes and Rules Current News Meeting Minutes Meeting Notices Archived Newsletters Member Benefits Relevant Links AFPS Class Schedule Advertising Opportunities 29 30 31 32 33 34 35 Florida Association of Professional Process Servers A NAPPS Chartered State Association P.O Box 72 Melbourne, FL 32902-0072 Mailing address: 36