An open discussion of any and all topics surrounding the service of legal process in the State of Washington.http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/en-usMon, 26 Jul 2010 05:18:25 PM -0500 Mon, 26 Jul 2010 05:18:25 PM -0500 Jeff Karotkin Forecasting the Future - E-Service - Part 4
As usual your thoughts and commentary on this topic are spot on. Thank you for taking the time to post them to your blog.]]>
As usual your thoughts and commentary on this topic are spot on. Thank you for taking the time to post them to your blog.]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/forecasting-the-future-e-service-part-4.htm?opendocument&comments#07262010051825PMDOMU6K.htm Sat, 24 Jul 2010 08:09:37 AM -0500 Robert C. Zornes Difficult Real Property Posting Assignments
Shame on your client. I make it a habit to take contemporaneous note and put them into a file when I've had conversations like this. Documentation is important and when push comes to shove, it's the messenger that will get that short end of the stick shoved up his a*s.]]>
Shame on your client. I make it a habit to take contemporaneous note and put them into a file when I've had conversations like this. Documentation is important and when push comes to shove, it's the messenger that will get that short end of the stick shoved up his a*s.]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/difficult-real-property-posting-assignments.htm?opendocument&comments#07242010080937AMDOMHFK.htm Thu, 15 Jul 2010 10:07:16 PM -0500 Jennifer Mullins New WSPSA Web Site Up and Running http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/new-wspsa-web-site-up-and-running.htm?opendocument&comments#07152010100716PMDOM5P4.htm Wed, 7 Jul 2010 10:49:39 AM -0500 Robert C. Zornes State Assault on Process Serving Industry Continues
Much as attorneys select good cases to appeal, we should not take on a case that likely will have an abysmal result. That is, the appeals should not be for a company flying so far outside the rules that it is apparent the company made little to no effort to comply.

On the other hand, we need to find a case where a company made an honest effort to follow the regulations but for reasons known only to L&I they changed their interpretation or changed rules in the middle of the stream.

Keep in mind that there are exemptions to the IC rules. For instance, newpapers are permitted to pay their carriers as ICs. I don't understand the rational justification for that other than papers carry some political clout with politicians that most other companies don't.]]>
Much as attorneys select good cases to appeal, we should not take on a case that likely will have an abysmal result. That is, the appeals should not be for a company flying so far outside the rules that it is apparent the company made little to no effort to comply.

On the other hand, we need to find a case where a company made an honest effort to follow the regulations but for reasons known only to L&I they changed their interpretation or changed rules in the middle of the stream.

Keep in mind that there are exemptions to the IC rules. For instance, newpapers are permitted to pay their carriers as ICs. I don't understand the rational justification for that other than papers carry some political clout with politicians that most other companies don't.]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/state-assault-on-process-serving-industry-continues.htm?opendocument&comments#07072010104939AMDOMLKL.htm Sat, 3 Jul 2010 07:44:05 AM -0700 Robin Mullins Cell Phone Use While Driving
(1) Except as provided in subsections (2) and (3) of this section, a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction.

(2) Subsection (1) of this section does not apply to a person operating:

(a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle;

(b) A moving motor vehicle using a wireless communications device in hands-free mode;

(c) A moving motor vehicle using a hand-held wireless communications device to:

(i) Report illegal activity;

(ii) Summon medical or other emergency help;

(iii) Prevent injury to a person or property; or

(iv) Relay information that is time sensitive between a transit or 4 for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle;

(d) A moving motor vehicle while using a hearing aid.

(3) Subsection (1) of this section does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission.]]>
(1) Except as provided in subsections (2) and (3) of this section, a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction.

(2) Subsection (1) of this section does not apply to a person operating:

(a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle;

(b) A moving motor vehicle using a wireless communications device in hands-free mode;

(c) A moving motor vehicle using a hand-held wireless communications device to:

(i) Report illegal activity;

(ii) Summon medical or other emergency help;

(iii) Prevent injury to a person or property; or

(iv) Relay information that is time sensitive between a transit or 4 for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle;

(d) A moving motor vehicle while using a hearing aid.

(3) Subsection (1) of this section does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission.]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/cell-phone-use-while-driving.htm?opendocument&comments#07032010074405AMRMUKAN.htm Wed, 9 Jun 2010 08:25:39 AM -0500 PAUL MORSE P&RLEGAL Cell Phone Use While Driving
Paul]]>
Paul]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/cell-phone-use-while-driving.htm?opendocument&comments#06092010082539AMDOMHRL.htm Wed, 2 Jun 2010 09:57:08 PM -0500 Debra Gorecki L&I Audits Growing in Number
I was good speaking with you the other day at the court house re your current blog on L&I audits. Since then I have spoken with several Independant Contractors in our area that I have worked with over the years reminding them to keep their business licences current and the need for each and every one to obtain E&O insurance if they do not already have it.Ironically 90% of them seemed to be in order.One or two needs to get ins.the other needed to renew his license and all were receptive without resistance which suprised me.You also spoke of a contract betweeen my IC's and or future empolyee's that might be useful?

Debra]]>
I was good speaking with you the other day at the court house re your current blog on L&I audits. Since then I have spoken with several Independant Contractors in our area that I have worked with over the years reminding them to keep their business licences current and the need for each and every one to obtain E&O insurance if they do not already have it.Ironically 90% of them seemed to be in order.One or two needs to get ins.the other needed to renew his license and all were receptive without resistance which suprised me.You also spoke of a contract betweeen my IC's and or future empolyee's that might be useful?

Debra]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/li-audits-growing-in-number.htm?opendocument&comments#06022010095708PMDOM5GR.htm Tue, 1 Jun 2010 10:58:16 AM -0500 MaryLee Rustand L&I Audits Growing in Number
Mair]]>
Mair]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/li-audits-growing-in-number.htm?opendocument&comments#06012010105816AMDOMLQY.htm Wed, 12 May 2010 12:06:42 AM -0500 Mark Adams What Would You Do - Situation #1 http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/what-would-you-do-situation-1.htm?opendocument&comments#05122010120642AMDOM7ZR.htm Tue, 11 May 2010 02:25:48 PM -0500 Pat Mahoney What Would You Do - Situation #1 http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/what-would-you-do-situation-1.htm?opendocument&comments#05112010022548PMDOMQSP.htm Tue, 11 May 2010 02:04:15 PM -0500 Pat Mahoney What Would You Do - Situation #1
I have found that just telling the entire truth and letting the reluctant defendant (or relative/friend) know there are no monetary reprecussions involved gets sudden cooperation.

I this doesn't work, I ask if the people I am speaking to are residents here. When they say yes, or "who wants to know" (also yes), I ask why his car is parked in the driveway. This usually gets a response that moves things along.

When nothing polite works...:

If the people still don't cooperate, I serve the documents and take their picture with my cell phone if possible and walk over the the neighbor's house to ask questions. This often causes a shitstorm that shakes things out. This is just a possible version of extreemly annoying behavior that elicits some sort of response to confirm I have made good service.]]>
I have found that just telling the entire truth and letting the reluctant defendant (or relative/friend) know there are no monetary reprecussions involved gets sudden cooperation.

I this doesn't work, I ask if the people I am speaking to are residents here. When they say yes, or "who wants to know" (also yes), I ask why his car is parked in the driveway. This usually gets a response that moves things along.

When nothing polite works...:

If the people still don't cooperate, I serve the documents and take their picture with my cell phone if possible and walk over the the neighbor's house to ask questions. This often causes a shitstorm that shakes things out. This is just a possible version of extreemly annoying behavior that elicits some sort of response to confirm I have made good service.]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/what-would-you-do-situation-1.htm?opendocument&comments#05112010020415PMDOMQD8.htm Tue, 11 May 2010 01:50:37 PM -0500 Dennis Norris What Would You Do - Situation #1 http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/what-would-you-do-situation-1.htm?opendocument&comments#05112010015037PMDOMQ4P.htm Tue, 11 May 2010 12:18:55 PM -0500 Robb W What Would You Do - Situation #1 http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/what-would-you-do-situation-1.htm?opendocument&comments#05112010121855PMDOMNBD.htm Mon, 10 May 2010 08:51:13 PM -0700 Robin Mullins A National Certification Program? Not for Process Servers - Not Yet Anyway
I don't know how the National Notary Association program works but, I have to think, a primary force in shaping it would be the variation in notary laws from state to state. If the variation is small then a national exam could be made to work. If the variation is large then a national exam would be tough to put together. I think process serving laws fall into the latter category.

Another approach might be for NAPPS to establish a model educational program. Next NAPPS would approach the chartered states one or two at a time and offer assistance in establishing an educational program specific to that state but based on the model. The assistance would have to incorporate a financial aspect and also expertise in terms of software and pedagogy. NAPPS will learn what works and doesn't work as it progresses through each state. As time passes, states with established systems would be retrofitted with better systems and new states will take less time, effort, and expense to outfit. In essence a feed back loop of continuous improvement.

I am currently deep into the creation of an edcucational program for Washington. I've actually been working on it for several years. I've tried multiple software platforms but none have met with my satisfaction. Recently I retained a new programer after seeing his work in another application. He has an interesting and flexible template which might adjust nicely to this purpose.

I envision a modular nonhierarchial system. A student could pick and choose the various components which suit his or her needs at the time. Obviously a person's needs change over time so, given enough components, the student could come back later to pick up topics not yet mastered. But the system could be done in a variety of different ways including a classic hierarchy. I've certainly learned to not marry myself to any particular approach (eat, drink, and be merry for tomorrow we die or learn something new).

In my view, an important role for NAPPS to assume and emphasize is that of the facilitator. One state might need financial assistance in creating an educational program, another might need pedagogical (how to teach) assistance, and another might simply need nudging to get them off the dime. NAPPS would guide and facilitate, not impose.

Just a few thoughts.

Robin-]]>
I don't know how the National Notary Association program works but, I have to think, a primary force in shaping it would be the variation in notary laws from state to state. If the variation is small then a national exam could be made to work. If the variation is large then a national exam would be tough to put together. I think process serving laws fall into the latter category.

Another approach might be for NAPPS to establish a model educational program. Next NAPPS would approach the chartered states one or two at a time and offer assistance in establishing an educational program specific to that state but based on the model. The assistance would have to incorporate a financial aspect and also expertise in terms of software and pedagogy. NAPPS will learn what works and doesn't work as it progresses through each state. As time passes, states with established systems would be retrofitted with better systems and new states will take less time, effort, and expense to outfit. In essence a feed back loop of continuous improvement.

I am currently deep into the creation of an edcucational program for Washington. I've actually been working on it for several years. I've tried multiple software platforms but none have met with my satisfaction. Recently I retained a new programer after seeing his work in another application. He has an interesting and flexible template which might adjust nicely to this purpose.

I envision a modular nonhierarchial system. A student could pick and choose the various components which suit his or her needs at the time. Obviously a person's needs change over time so, given enough components, the student could come back later to pick up topics not yet mastered. But the system could be done in a variety of different ways including a classic hierarchy. I've certainly learned to not marry myself to any particular approach (eat, drink, and be merry for tomorrow we die or learn something new).

In my view, an important role for NAPPS to assume and emphasize is that of the facilitator. One state might need financial assistance in creating an educational program, another might need pedagogical (how to teach) assistance, and another might simply need nudging to get them off the dime. NAPPS would guide and facilitate, not impose.

Just a few thoughts.

Robin-]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/04122010073943AMRMUK7W.htm?opendocument&comments#05102010085113PMRMU6JM.htm Mon, 10 May 2010 10:20:38 PM -0500 Jeff Karotkin A National Certification Program? Not for Process Servers - Not Yet Anyway
I was looking at the National Notary Associations Certification programs recently. It got me wondering... Why can't NAPPS establish a program that creates a "trusted member" status. In order to attain this status the member must have passed a rigorous exam on a host of service of process related issues that challenges one's knowledge of practical, technical and business issues.]]>
I was looking at the National Notary Associations Certification programs recently. It got me wondering... Why can't NAPPS establish a program that creates a "trusted member" status. In order to attain this status the member must have passed a rigorous exam on a host of service of process related issues that challenges one's knowledge of practical, technical and business issues.]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/04122010073943AMRMUK7W.htm?opendocument&comments#05102010102038PMDOM5XF.htm Mon, 19 Apr 2010 09:41:42 PM -0500 Jenn Mullins A National Certification Program? Not for Process Servers - Not Yet Anyway
I think that a lot of servers are in need a training and even if they disagree with me - it never hurts to take refresher courses now and then.]]>
I think that a lot of servers are in need a training and even if they disagree with me - it never hurts to take refresher courses now and then.]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/04122010073943AMRMUK7W.htm?opendocument&comments#04192010094142PMDOM575.htm Mon, 19 Apr 2010 01:27:24 PM -0500 Leslie My Politics http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/my-politics.htm?opendocument&comments#04192010012724PMDOMPN7.htm Fri, 16 Apr 2010 07:26:47 PM -0500 Jeff Karotkin New York Process Servers Nailed Again http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/new-york-process-servers-nailed-again.htm?opendocument&comments#04162010072647PMDOM2JS.htm Fri, 16 Apr 2010 07:21:54 PM -0500 Jeff Karotkin A National Certification Program? Not for Process Servers - Not Yet Anyway
Commonsense and a willingness to have and articulate an opinion… I vote for Robin for the NAPPS board!]]>
Commonsense and a willingness to have and articulate an opinion… I vote for Robin for the NAPPS board!]]> http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/04122010073943AMRMUK7W.htm?opendocument&comments#04162010072154PMDOM2FR.htm Thu, 8 Apr 2010 11:57:24 AM -0500 MaryLee Rustand WSPSA Seminar Set for April 17th http://www.4thcorner.com/4thcorner/WebSite/C4PSE_QA.nsf/dx/wspsa-seminar-set-for-april-17th.htm?opendocument&comments#04082010115724AMDOMMVX.htm