House narrows recovery for private process fees in HB259, sets training standards for servers

The Utah House on Feb. 25 approved House Bill 259 after adopting amendments that limit recovery of private process-server fees and clarify qualifications for those who may serve process. Representative Evans, sponsor, told the House the bill responds to a Supreme Court ruling and aims to make process service consistent with other code sections while protecting counties from liability.

Representative Valentine questioned whether a party paying a private process server could later recover that fee in court; the sponsor acknowledged the bill would bar recovery in certain instances and explained the rationale — documented abuses in some counties (examples cited from Davis County) had produced lawsuits over late-night or improper service. Representative Valentine’s amendment deleting the underlined fee-recovery language was adopted after debate that balanced concerns about private servers’ practical role with a desire for a higher standard and reduced county liability.

Supporters, including county attorneys' offices and law-enforcement representatives cited on the floor, said the changes would reduce litigation risk and promote trained, qualified service. Opponents warned the majority of process service in the state is performed by private servers, and disallowing fee recovery could harm small providers. The House passed HB259 as amended; the clerk recorded 64 ayes and 8 noes and the bill will be transmitted to the Senate.

Next steps: HB259 will be sent to the Senate; sponsors and interested counties may coordinate implementation of any training or qualification measures.