Tulsa Process Server Shot

OKLAHOMA CITY – State Rep. Rande Worthen (R-Lawton) released the following statement in light of last week”s incident where a private process server was shot while sewing court papers in Tulsa:

STATEMENT: Worthen Comments on Process Server Incident in Tulsa

OKLAHOMA CITY – State Rep. Rande Worthen (R-Lawton) released the following statement in light of last week”s incident where a private process server was shot while sewing court papers in Tulsa:


“This past session, I looked to strengthen laws to help protect our state’s private process servers. As officers of the court, they play an important role in ensuring our judicial system runs as smoothly as possible.
Unfortunately, they sometimes find themselves in dangerous situations while fulfilling their duties. Wednesdays incident in Tulsa, where a private process server was shot while serving papers, highlights the need to provide additional measures to keep them safe.
I plan to readdress this policy next session, where we’ll have an opportunity to continue working to hopefully provide protection for private process servers. I hope that, in light of this regrettable incident, my fellow lawmakers will realize the importance of safeguarding our state’s private process servers and we can get this legislation passed into law this year.”

Communication & Public Affairs – Office of State Rep. Rande Worthen

Worthen filed House Bill 1162 during the 2019 legislative session, which would classify harming a licensed process server as a Misdemeanor, with punishments of up to a year in jail, a fine of up to $1,0G0, or both.
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Rep. Rande Worthen represents District 64 in the Oklahoma House of Representatives, which includes portions of Lawton and Comanche County.

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Oklahoma HB 1162 – PASSED UNANIMOUSLY

n Act relating to process servers; relates to the licensure of private
process servers; prohibiting certain persons from
applying, reapplying or obtaining process server
license;

Update: Bill Passed Unanimously and has been signed into law by Gov. Stitts on MAY 21, 2021.

Law goes into effect November 1, 2021

An Act relating to process servers; amending 12 O.S.
2011, Section 158.1, as last amended by Section 1,
Chapter 76, O.S.L. 2013 (12 O.S. Supp. 2018, Section
158.1), which relates to the licensure of private
process servers; prohibiting certain persons from
applying, reapplying or obtaining process server
license; deleting certain notification of hearing
requirement; making certain acts unlawful; providing
penalty; amending 21 O.S. 2011, Section 650.6, which
relates to penalties for assault and battery upon
court officials; making certain acts unlawful;
providing penalty; amending 21 O.S. 2011, Section
1319, which relates to penalties for resisting legal
process; expanding scope of crime; and providing an
effective date.

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OKLAHOMA HB 2715: Defeated

OKLAHOMA HB 2715:
(REPRESENTATIVE TESS TEAGUE)

WE SENT REPRESENTATIVE TEAGUE A FOUR PAGE LETTER, ON FEBRUARY 07, 2018, THAT VERY SPECIFICALLY LAID OUT OBJECTIONS WE RAISED TO MANY OF THE PRE-EXISTING SEGMENTS OF THIS RE-NUMBERED BILL. REP. TEAGUE HAD A FEW CHANGES THAT SHE WANTED BUT THEN WANTED TO RUN THE OLD LANGUAGE OF THE PREVIOUS BILL THROUGH, AS IS.
UNFORTUNATELY, THIS IS DONE MANY TIMES WITHOUT NEW AUTHORS TAKING A LOOK AT THE OLD LANGUAGE OF THE BILL THEY ARE CHANGING. THIS CURRENT AUTHOR, WANTED TO ALLOW ELECTRONICALLY FILING OF DOCUMENTS CONCERNING
PROTECTIVE ORDERS.

WE ARE OPPOSED TO ELECTRONIC FILING FOR MANY REASONS WHICH WE EXPLAINED TO REP. TEAGUE. WE SENT THOSE FOUR PAGES, LINE BY LINE, EXPLAINING WHY WE WERE REQUESTING THE CHANGES WE LISTED.

AS YOU CAN SEE, ELECTRONIC FILING SEEMS TO BE ON THE MINDS OF OUR LEGISLATORS AND ALL FOR THE WRONG REASONS.

WE SENT REP. TEAGUE AN E-MAIL, ON MARCH 20, 2018, REQUESTING A RESPONSE FROM HER CONCERNING OUR LETTER AND TO LET HER KNOW, AS WE DID IN OUR LETTER TO HER, THAT WE COULD SUPPORT HER BILL IF CERTAIN REQUIREMENTS WERE CHANGED.
WE NEVER HEARD FROM REP. TEAGUE OR HER OFFICE.

Oklahoma SB 1522

OKLAHOMA SB 1522:
(SENATOR LEEWRIGHT AND REPRESENTATIVE TERRY O’DONNELL)

THIS BILL WOULD HAVE ALLOWED SUSPENSION OR REVOCATION OF ANY
CERTIFICATION BY THE REAL ESTATE APPRAISER BOARD BE SENT ELECTRONICALLY TO THE INDIVIDUAL BEING SUSPENDED OR REVOKED. WE REQUESTED THAT
ELECTRONIC SUSPENSION OR REVOCATION BY THE ABOVE ENTITY, FOR THE
STATED REASON, IS UNACCEPTABLE. THE AUTHORS CHANGED THEIR WORDING TO “SERVED PERSONALLY” OR “BY REGISTERED OR CERTIFIED MAIL.”

THIS BILL DISALLOWS E-MAIL OF SUSPENSION OR REVOCATION OF ANY CERTIFICATION BY THE REAL ESTATE APPRAISER BOARD.

WE APPRECIATE THE COOPERATION OF THE AUTHORS IN STRIKING DOWN ELECTRONIC SERVICE.

THE BILL PASSED WITH OUR CHANGES.

Oklahoma HB1235 Signed into Law

Hose Bill 1235 was introduced into the Oklahoma House by Mike Osburn (R) Oklahoma County on January 18, 2017. It was passed by the House May 11, 2017. Passed the Senate April, 2017 and was signed by the Governor May 17, 2017

HB1235:  “SERVICE SHALL BE MADE AS FOLLOWS:  UPON AN INMATE IN A COUNTY JAIL OR DETENTION CENTER UNDER THE JURISDICTION AND CONTROL OF THE COUNTY SHERIFF OR THE JAIL TRUST OF THE COUNTY BY DELIVERING A COPY OF THE SUMMONS AND OF THE PETITION TO THE JAIL OR DETENTION CENTER ADMINISTRATOR OR THE DESIGNEE OF SUCH ADMINISTRATOR OF THE JAIL OR DETENTION CENTER WHERE THE INMATE IS HOUSED.”

AS YOU KNOW, TWO OF THE COUNTIES NOT ALLOWED TO DO THIS FOR SOME YEARS WAS TULSA AND OKLAHOMA COUNTIES.  A FEW YEARS AGO WE WERE ALLOWED TO SERVE IN THOSE JAILS BUT RECENTLY CERTAIN SHERIFF’S OFFICES THOUGHT THEY WOULD MAKE MONEY IF THEY REFUSED TO LET US SERVE IN THE JAILS.  OF COURSE, WE KNOW THAT NOT TO BE A TRUE FACT BUT WE KNOW IT TO BE FICTION.  THIS IS NOT THE CASE NOW AND WE ARE VERY PROUD OF THE WORK DONE BY OUR ASSOCIATION AND OUR FRIENDS WHO HAVE HELPED PASS THIS PIECE OF LEGISLATION.  IT IS AN IMPORTANT PIECE OF LEGISLATION TO ALL PROCESS SERVERS IN THE STATE OF OKLAHOMA.  ALTHOUGH YOU MAY NOT LIVE IN ONE OF THE COUNTIES REFUSING SERVERS TO SERVE PROCESS IN THEIR JAILS, YOU WILL BE ABLE TO SERVE IN THOSE JAILS WHEN YOU HAVE NOT BEEN ABLE TO COME FROM OUT OF COUNTY TO DO SO IN THE IMMEDIATE PAST.  ALL SERVERS IN THIS STATE ARE AFFECTED BY LEGISLATION WHETHER IT IS IN YOUR COUNTY OR NOT.
AGAIN, THANK YOU TO EVERYONE WHO SUPPORTED THIS LEGISLATION.
ANN POLLARD
PRESIDENT

Oklahoma Process Server Assaulted

Oklahoma Sooner Process Server Association  has just received a report from our member in Alva – Gregory Smith, that he was nearly killed when an angry woman attempted to ran over him today.  Gregory was able to put his hands on the hood of the car to push himself away from the vehicle coming right at him.

 

Gregory tells us that he did not have his car camera on because he knew the people.  He also says that is a dumb reason not to use your car camera because look what happened when he was not prepared.  It sure would have helped the police and their investigation.

 

At this point, the D.A. doesn’t know if he wants to files charges. D.A. is saying this is a he said, she said situation and does not have physical proof of a crime.   We are getting geared up just in case he chooses not to file.

 

For those of you who think all this can’t happen to you, think again!

 

We have a dangerous job and you should never, ever forget that!!!  You should always be on your guard and be alert to your surroundings and what people near you are doing.  Just think what could have happened to Gregory if he hadn’t been on his guard and this was caused by people he was acquainted with not strangers like most of us deal with.

 

2017 Certificates of Appreciation

During the meeting of the Oklahoma Sooner Private Process Server Association.  We recognized the following 6 members with Certificates of Appreciation.   Please congratulate them on the acknowledgment.
FRANK RUBIN—BLANCHARD/ MCCLAIN COUNTY—NEW PROCESS SERVER OF THE YEAR
DEON HORNE—WAGONER/ WAGONER COUNTY—TREASURER/ SECRETARY
JEFFREY WORTH—MIDLAND/ TEXAS—ASSOCIATE MEMBER/ WEB WIZARD
CRAIG PASSOW—CHICKASHA/ GRADY COUNTY—NEW ASSOCIATION MEMBER OF THE YEAR
BILL AYCOCK—DISNEY/ MAYES COUNTY—ASSOCIATION MEMBER OF THE YEAR
DAVID DANIELS—VINITA/ CRAIG COUNTY—HONORARY MEMBER—BOARD OF DIRECTORS

New York SPSA Passes Legislation on PS Assult

THE NEW YORK STATE PROCESS SERVER ASSOC., A NAPPS MEMBER, HAS BEEN SUCCESSFUL IN GETTING THEIR LEGISLATION PASSED AND SIGNED BY NEW YORK GOVERNOR CUOMO LAST WEEK.  THEIR LEGISLATION ELEVATES THE MISDEMEANOR CHARGE OF VIOLENCE AGAINST A PROCESS SERVER INCLUDING LETTING OUT DOGS ON A PROCESS SERVER TO A FELONY.
IT GOES INTO EFFECT 11-01-16.

AUTHOR OF HB1449, DECIDED NOT TO PURSUE

REP. KEVIN CALVEY, AUTHOR OF HB1449, HAS DECIDED NOT TO PURSUE THE PASSAGE OF THAT BILL, AGAIN, THIS YEAR.

THAT BILL WAS DEFEATED LAST YEAR AND NOW, AGAIN, THIS YEAR!

HB1449 WAS A DEVASTATING BILL TO THE PROCESS SERVICE COMMUNITY AND WOULD HAVE GREAT NEGATIVE RESULTS TO THE LEGAL COMMUNITY.  WE BELIEVE HB1449 ONLY HELPED ATTORNEYS AND THEIR BIG LAND OWNER CLIENTS.

WE ARE SO PLEASE THAT THE MEMBERS OF OUR HOUSE OF REPRESENTATIVES SAW RIGHT THROUGH THAT BILL AND SAW THE DEVASTATION IT COULD HAVE BROUGHT TO ANYONE WHO HAD A COURT CASE IN OKLAHOMA!!