The Instigator
pstradeus
Con (against)
Tied
0 Points
The Contender
scribblerg
Pro (for)
Tied
0 Points

Should process servers be licensed?

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Voting Style: Open Point System: 7 Point
Started: 7/5/2015 Category: Economics
Updated: 2 years ago Status: Post Voting Period
Viewed: 567 times Debate No: 77309
Debate Rounds (3)
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pstradeus

Con

In the American judicial experience presenting truthful information to the courts is not only morally required but absent truth lies are punishable under criminal law. We already have enforcement parameters under law.

It is my position that a process server does not need to be licensed since their work product is transparent and presented to the court for review. IF a process server commits perjury or forgery there already are remedies against the action. Jail or toss the information out of the case.

In addition there are groups of people who clamor to provide the certification for profit that include education and licensing that argue we need licensing and their position is already selfish and for private profit and personal gain.
scribblerg

Pro

There should be a basic format of registration in all states but not licensing. Licensing and registration have been used in an attempt to control competition and this is wrong. Registration lists can be used to locate servers in a particular area by a prospective client.
Debate Round No. 1
pstradeus

Con

pstradeus forfeited this round.
scribblerg

Pro

scribblerg forfeited this round.
Debate Round No. 2
pstradeus

Con

I appreciate your argument relating to this very important issue.

In your argument you touched on a foundational subject of my efforts. It revolves around capitalism and creativity and innovation of individual participants. To allow the government to register, certify or otherwise license process servers for a popular idea of making it easier for clients to find them is a slippery slope of government being the provider of market opportunities.

I argue against any government involvement in marketing of any trade participants. In fact my position is in line with the Federal Trade Commission position in FTC v Phoebe decided last year in the United state supreme court. in essence government i.e.. Georgia approving who can have a monopoly in Georgia health care system does not insulate the matter from antitrust enforcement. https://www.ftc.gov...

Continuing the FTC was involved in another matter against the North Carolina Dental Association and the FTC survived in its pro competitive enforcement challenge http://www.forbes.com...

My argument may seem in the extreme it is not. A registration by government in any trade is a precursor to the death of innovation, creativity that capitalism brings.

So what is the solutions to validating those who serve process? Require state issued personal ID to accompany the filing of each return of service so if the court finds questionable activity they can locate the server. That ID number should be redacted from public access.
scribblerg

Pro

scribblerg forfeited this round.
Debate Round No. 3
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