House approves tighter rules for civil process service and makes constables appointive

The Utah House on Jan. 16 approved measures that change who may serve civil process and how constables are selected, voting to advance House Bill 116 (process-service limits) and companion House Bill 133 (constable appointments).

Supporters said the bills aim to prevent abuses by unqualified servers and to create clearer qualifications. The sponsor told colleagues that in garnishment cases "there is always the opportunity for the person on whom the garnishment is served...to hand over property, part of a paycheck," and argued "it would not be appropriate for civil process servers to be involved because they might be able to take property." The sponsor framed HB116 as drawing a "bright line" to prevent process servers from taking custody of property.

Representative Kibby Lewis, who presented HB133, said the constable bill makes constables appointive rather than elective and establishes a county nominating commission so nominees' qualifications can be reviewed. Lewis said the change responds to complaints that "anyone could be elected constable whether he was qualified or not" and that post-certification and statutory limits on rates will curtail past abuses.

Representative Valentine, who had opposed the bill in an earlier form, said the redraft "does a fair balance of process service in the state" and urged support. During floor debate, members raised drafting questions about whether certain carve-outs for peace officers and age-based allowances were properly reconciled; sponsors agreed to have staff clarify language before subsequent stages.

Both companion measures moved through the House: members voted to remove the circle on HB116 and then passed it by recorded voice with 66 affirmative votes and no negatives; HB133 was presented and passed with 65 affirmative votes and no negatives.

The legislation leaves routine service by sheriff's offices intact in many counties while establishing clearer rules for private servers and new appointment procedures where constables will continue to serve certain functions. Sponsors said the bills preserve sheriff and peace-officer roles in areas where they currently provide process service while creating a more regulated system for constables and private servers.

Next steps: With passage in the House, the measures will move to the Senate for consideration and any further amendments.