Friday, July 31, 2009

You Never Got Notice Of Being Sued? The Judge Just May Believe You Now!

By Karen Oakes, Southern Oregon Consumer Attorney on Jul 31, 2009 in Consumer Protection, Levy and Garnishment - creditlawnetwork.com

This week, the New York Times reported that consumers who had been the victim of fraud by unscrupulous debt collectors may be getting money back if the New York attorney general is successful in the lawsuit filed against two collection agencies and 35 attorneys. According to the article, the debt collectors had sued the consumers and never served the consumers the lawsuit(s).

The debt collectors then presented paperwork to the court proving that the consumer had been served and was ignoring the lawsuit….which results in a default judgment in favor of the debt collector. That default judgment then allows the debt collector to make attempts to seize assets of the consumer, usually placing a judgment lien against real property or by taking wages (garnishment).

The New York attorney general, Andrew Cuomo, is the force behind the lawsuit which seeks relief for 101,000 New York consumers. The debt collection agencies and attorneys may have committed perjury and the responsible parties may be facing criminal charges. The lawsuit alleges that the default judgments were obtained through the use of false affidavits (the affidavits were sworn statements that the consumers had been given notice of the debt collection lawsuit).

Read the rest of the story:
You Never Got Notice Of Being Sued? The Judge Just May Believe You Now!!

-----------------------------------

Monday, July 27, 2009

Keyser council hopes to better enforce ordinances

Sarah Moses - Cumberland Times-News - July 27, 2009

KEYSER, W.Va. — The Keyser City Council is looking at ways to better enforce its ordinances for trash, weeds and building permits.

“We need a buffer,” Earl Perrine, city building inspector, said at Monday afternoon’s meeting. “Currently, it isn’t working very well. I would like to have the citation issued before the authorized letter is sent out.”

Perrine said that while the changes made to the ordinance by City Attorney John Athey will help as he can now issue the citations, he would like to see citations issued earlier. Those, he said, would leave a greater impact on the homeowners than a letter. He said a number of the homeowners are very good at evading receiving these kinds of letters.

Councilman Isaac “Sonny” Alt said that since Perrine already issues a written notice that a person is in violation of the ordinances, it should serve as a first warning. After 10 days, he said, if there has been no progress on resolving a problem, then a citation should be issued and a fine incurred on the homeowner.

Read the rest of the story:
Keyser council hopes to better enforce ordinances

-------------------------------------

Out-of-State Residents Face No Consequences for Unpaid Freeway-Camera Tickets

Arizona Photo-Enforcement Loophole: Out-of-State Residents Face No Consequences for Unpaid Freeway-Camera Tickets

By Ray Stern - PhoenixNewTimes.com - Jul. 27 2009

In following up our earlier post today about 3,600 speed-camera cases on the docket for this morning in a single justice court, we stumbled upon the answer to a good question.

Many readers have asked: What happens if you get a speed-camera ticket on the freeway in Arizona, but you live out of state?

We had been barking up the wrong camera housing, it turns out, by asking a Redflex official whether process servers from other states deliver the tickets outside of Arizona. It doesn't matter if those tickets are served -- failing to pay does not result in any action taken with the Motor Vehicles Department, says MVD spokeswoman Cydney DeModica.

There is a consequence to failing to pay: You won't be able to register a vehicle in Arizona until you pay the fine and other fees.

Read the rest of the story:
Arizona Photo-Enforcement Loophole: Out-of-State Residents Face No Consequences for Unpaid Freeway-Camera Tickets
---------------------------------------------

Speed-Camera Court Crunch: 3,600 Cases Set This Morning at Justice Court

Ray Stern - PhoenixNewTimes.com - July 27, 2009

About 3,600 speed-camera cases are on the West McDowell Justice Court docket this morning at 8:30 a.m., and officials are bracing for hundreds of citizens -- at the least -- to appear in person.

"What we don't know is how many will show up," says Terry Stewart, justice courts administrator.

About 2,000 of the cases represent people who recently received state Department of Public Safety photo-enforcement tickets in the mail and have a court date set for this morning, explains Stewart, a former state Department of Corrections director.

It's safe to say few people from that group will come to the downtown court at 620 West Jackson, since they still have the option to pay their fines or wait to see if a process server shows up after they miss the court date.

The other group, however, consists of about 1,500 people who blew off their mailed citations, were served by a process server, and now have a hard court date set for this morning.

Read the rest of the story:
Speed-Camera Court Crunch: 3,600 Cases Set This Morning at Justice Court
---------------------------------------------

Junk judgments: Welcome relief from Cuomo for thousands of victims of debt scammers

Junk judgments: Welcome relief from Cuomo for thousands of victims of debt scammers

nydailynews.com - July 27, 2009

Signaling the discovery of massive fraud, Attorney General Andrew Cuomo and the state's chief administrative judge are seeking to vacate as many as 100,000 court judgments that have been filed against New Yorkers by predatory debt collectors.

According to Cuomo, evidence uncovered in an investigation of a Long Island-based process serving firm revealed that collection agencies have run amok in the courts from Buffalo to Montauk.

It worked like this: Debt collector retained a high-volume law firm to go after supposed deadbeats. Law firm hired process server to haul people into court with a summons and complaint. Process server never delivered the papers but swore they had been properly provided.

When the supposed deadbeat failed to respond because he had no idea he had been sued, the law firm had a court issue a default judgment. The victim's assets were frozen or wages garnished.

American Legal Process of Lynbrook, L.I., exploited this scam relentlessly, helping almost three dozen law firms hammer people over debts - some owed, some already paid, some bogus - to the tune of roughly $5,500 each.

Cuomo is suing the firms, as well he should, and Administrative Judge Ann Pfau has rightly joined in the effort to clean up this astonishingly broad perversion of the courts.

Junk judgments: Welcome relief from Cuomo for thousands of victims of debt scammers
------------------------------------

13,736 CNYers had illegal judgments filed against them

13,736 CNYers had illegal judgments filed against them
Delen Goldberg - The Post-Standard - July 22, 2009

State Attorney General Andrew Cuomo announced today that he is suing two debt collectors and 35 law firms, including some in Central New York, for illegally obtaining default judgments against thousands of New Yorkers.

More than 100,000 victims statewide had default judgments filed against them -- meaning their bank accounts were frozen and their credit scores shot -- after a process server, American Legal Process, falsified debt collection documents, Cuomo said.

The law firms Cuomo is suing relied on ALP and failed to notice paperwork discrepancies, the Attorney General said.

ALP lied to courts saying workers had tried numerous times to contact debtors about lawsuits pending against them, Cuomo said. In fact, ALP had never tried to contact the people, leaving them unaware they had been sued until the case was over and their bank accounts were frozen.

Cuomo said 13,736 Central New Yorkers fell victim to the scam.

13,736 CNYers had illegal judgments filed against them

-------------------------------------------

New York AG Sues 35 Law Firms, Seeks to Void 100,000 Default Judgments

Martha Neil - ABAjournal.com - July 22, 2009

The attorney general of New York has sued 35 law firms and two collectors in a case that could overturn 100,000 default judgments in consumer debt cases.

In a lawsuit filed today in Buffalo, Andrew Cuomo seeks to compel cooperation from firms that had relied on what may be faulty service by a Long Island process server that has previously been criminally charged concerning its work, according to the New York Daily News and the New York Law Journal.

The Erie County action was filed by Cuomo on behalf of the court system, and does not allege any wrongdoing by the law firms, the legal publication reports. However, it asks a state trial court to require the defendants to identify all cases they handled in which American Legal Process provided required service, and provide information about all default judgments obtained and any payments made to satisfy these judgments.

It also asks the court to order the firms to notify affected consumers of their right to be heard and seeks restitution on behalf of those against whom faulty default judgments were issued. The total amount of the default judgments could exceed $500 million, reports the New York Times. Although court orders allowed creditors to seize money directly from consumers' bank accounts, it isn't clear how much of this amount was actually collected.

Under some circumstances, it appears that default judgments could be re-entered (assuming they are voided as Cuomo requests) if proper service is established, according to the New York Law Journal.

The defendants include the New York City-based law firms of Stephen Elnstein & Associates; Eltman Eltman & Cooper; Jones Jones Larkin O’Connell; and Leshack & Grodensky, the Daily News reports.

A lawyer representing American Legal Process didn't immediately return the Times phone calls. None of the articles includes any response from the law firm and debt collector defendants.

New York AG Sues 35 Law Firms, Seeks to Void 100,000 Default Judgments
-------------------------------

Arrest orders issued for Sarasota couple

By Michael Pollick - heraldtribune.com - Friday, July 17

TAMPA - A federal judge Thursday issued arrest warrants for John and Marian Morgan, the Sarasota couple accused of a multimillion-dollar investment scheme, when they failed to show up for a scheduled contempt-of-court hearing.

The Securities and Exchange Commission attorney prosecuting the Morgans on civil fraud charges, meanwhile, is fairly certain that the case will grow in scope from its current $11 million.

Investors in contact with SEC are pointing to other investment group leaders who funneled money to the Morgans in the same way that their two co-defendants did in the United States and that a separate two-man team did in Alberta, Canada, said SEC attorney Polly Atkinson.

Judge Richard Lazzara opened the session in Tampa federal court shortly after 10 a.m. on Thursday. He sent an officer into the hallway to see if the Morgans were in the corridor. Then he double-checked with the SEC attorneys to make sure that the couple knew they were supposed to be present. The lawyers noted that the process server was not able to serve the Morgans in person.

Read the rest of the story:
Arrest orders issued for Sarasota couple
----------------------------------------

Subpoenas for law enforcement officers headed online

By KEVIN COLEMAN - naplesnews.com - July 12, 2009

COLLIER COUNTY — Collier County law enforcement officers will have fewer excuses for failing to appear in court soon.

A new electronic subpoena system is scheduled to be implemented in the county before the end of the year. It will only be used for law enforcement subpoenas.

The system, CJIS Notify, will coordinate the efforts of agencies in the criminal justice system throughout the 20th Judicial Circuit.

Currently in Collier County, an agency must use a process server to personally serve officers with subpoenas, or more commonly, to an employee at the law enforcement agency designated to accept them. An affidavit must then be typed and filed with the clerk of courts office.

Soon, those steps will be completed on the Web.

Read the rest of the story:
Subpoenas for law enforcement officers headed online
------------------------------------

Friday, July 24, 2009

NY AG sues 35 law firms over collections

The Business Review (Albany) - by Kelsey Swanekamp - July 24, 2009

The Attorney General’s office has filed a lawsuit against 35 law firms and two debt collectors as the latest stage in an ongoing process of legal action.

The lawsuit alleges that the firms did not properly notify people that they were defendants in a lawsuit. As a result, the complaint states, they were unable to appear in court on their own behalf, and the cases often resulted in default judgments against those identified as debtors.

According to the suit, the listed firms and debt collectors hired a process server, American Legal Process, to provide notification to defendants. However, the lawsuit alleges that the server failed to do so — a tactic known as “sewer service.” Instead of serving the defendants, the complaint claims American Legal Process (ALP) falsified documents, certifiying that the people had been notified.

“ALP’s scheme undermined the foundation of this (legal) system and denied thousands of individuals their day in court,” New York Attorney General Andrew Cuomo said.

Read the rest of the story:
NY AG sues 35 law firms over collections
-------------------------------------------

Thursday, July 23, 2009

Cuomo targets firms in lawsuit

ASHLEY STINNETT - LegalNewsLine.com - JULY 23, 2009

NEW YORK (Legal Newsline) - New York Attorney General Andrew Cuomo has filed a lawsuit targeting 35 law firms and two debt collections over allegations of unlawful debt collection practices.

The lawsuit aims to throw out an estimated 100,000 default judgments that were inappropriately obtained against New York consumers.

According to the lawsuit, the companies relied on Long Island-based American Legal Process (ALP) to notify New York consumers that they faced being sued for debt relations.

However, ALP never served legal papers to the consumers that were notified either by mail or phone, Cuomo said.

In an effort to provide relief to thousands of consumers, the lawsuit asks the court to throw out all default judgments that were used by the firms against consumers in which ALP was directly involved in the legal process, according to Cuomo.

Read the rest of the story:
Cuomo targets firms in lawsuit

----------------------------------------

Suit Over Alleged Process Server Fraud Aims to Vacate 100,000 Judgments

Joel Stashenko and Noeleen G. Walder - New York Law Journal - July 23, 2009

Complaint contends that American Legal Process' process servers did not make efforts to properly serve defendants

New York Attorney General Andrew M. Cuomo is demanding information from dozens of debt collection law firms throughout the state as part of a civil lawsuit to overturn more than 100,000 faulty default judgments, he announced Wednesday.

The suit, Pfau v. Forster & Garbus, 2009-8236, was filed in state Supreme Court in Erie County on behalf of Chief Administrative Judge Ann Pfau. It asks Justice Timothy J. Drury to vacate all default judgments where the sole evidence that a defendant received service notifying him that he was being sued was an affidavit from American Legal Process of Lynbrook, N.Y. (See the complaint.)

In April, Cuomo's office arrested American Legal Process owner William Singler and charged him with fraud and other felonies. Singler has denied the charges.

The complaint against Singler contends that American Legal Process' process servers did not make efforts to properly serve defendants in lawsuits prescribed by CPLR §308. Instead of making the required three attempts to serve papers before being allowed to "nail and mail" -- or mail a copy of the lawsuit and affix a copy to the person's door -- Cuomo alleges Singler's servers often gave up after one attempt.

That, in turn, left thousands of consumers unaware they faced default until their bank accounts had been frozen or their ATM cards were rejected, Cuomo contends.

Read the rest of the story:
Suit Over Alleged Process Server Fraud Aims to Vacate 100,000 Judgments

--------------------------------

Wednesday, July 22, 2009

State AG Andrew Cuomo asks judge to void 100,000 faulty default judgments

Greg B. Smith - NY DAILY NEWS STAFF WRITER - July 22, 2009

State Attorney General Andrew Cuomo on Wednesday asked a judge to void 100,000 faulty default judgments overzealous debt collectors used to freeze bank accounts across New York.

The unprecedented move is part of Cuomo’s ongoing investigation into illegal tactics of debt collectors that include repeat phone calls, posing as law enforcement and threatening immigrants with deportation.

In a lawsuit filed in Buffalo, Cuomo sued 35 law firms and two debt collectors to overturn thousands of default judgments, including 24,976 in New York City.

Cuomo is investigating a wave of complaints about companies that intimidate people who’ve already paid their debts or didn’t owe in the first place with harassing phone calls and mailings.

He’s issued subpoenaes to 20 companies seeking documents. Now he’s set to target one of their most powerful weapons - the default judgment.

Read the rest of the story:
State AG Andrew Cuomo asks judge to void 100,000 faulty default judgments
----------------------------------

Tuesday, July 21, 2009

Marshals track missing Sarasota couple

By Michael Pollick - Tuesday, July 21 - heraldtribune.com

FRAUD CASE: John and Marian Morgan could be hiding out in Europe

SARASOTA - The U.S. Marshals Service is now tracking down Sarasota residents John and Marian Morgan. The goal is to bring them to federal court in Tampa to answer contempt charges in a $10 million U.S. Securities and Exchange Commission fraud case.

In their own e-mail to investors, the Morgans said they had left the country. On Monday, a Herald-Tribune reporter found a hand-written note taped over the doorbell at the couple's lavish bayfront home on Periwinkle Drive in Sarasota.

"We have disabled the door bell! So please KNOCK or call us on our cell phones! Thank you!"

There were no other signs of life, but at a second bayfront home on Tangier Terrace also owned by the couple, someone opened and closed a garage door and then lowered a blind. No one answered the door or the doorbell, which had not been disconnected.

While the note might stop a process server, it is not going to stop the U.S. Marshals Service, the lead law enforcement agency responsible for the arresting of federal fugitives.

Read the rest of the story:
Marshals track missing Sarasota couple
-----------------------------------------

A little more protection for renters

By David Bauerlein - Jacksonville.com - Tuesday, Jul. 21, 2009

Two weeks after Brooks Mitchell moved into a condominium he leased on Jacksonville's Southside, he answered a knock on the door and was shocked to find a process server delivering legal papers.

A bank had just filed a foreclosure lawsuit against the condominium's owner. Mitchell had signed a one-year lease, but the potential for foreclosure meant he faced the possibility a bank would take ownership of the property halfway through the lease and evict him.

"It floored me," he said. "I felt burned. Nobody is looking out for the renter."

Mitchell got the legal notification in April, joining other renters who had learned they're not immune from the foreclosure crisis.

But a federal housing law signed by President Barack Obama in May gives him and other renters some protection when property-owners go into foreclosure. If a bank forecloses on any dwelling and wants the resident to leave, the bank must give at least 90 days notice. Moreover, if the tenant had a lease at the time of the foreclosure, the bank must honor the length of the lease.

Those provisions are much stronger than Florida law, which previously gave banks that took possession of property through foreclosure the right to order the removal of tenants in 24 hours. Renters who balked faced eviction notices.

Read the rest of the story:
A little more protection for renters
------------------------------

Sunday, July 19, 2009

Jeddah heroin smuggling case - IO served show cause notice

Staff Report - dailytimes.com.pk - July 19, 2009

KARACHI: The District and Sessions Judge (East) Sadiq Hussain Bhatti issued show cause notice to the investigating officer (IO) of the Jeddah heroin smuggling case on Saturday, as he was absent when the court took up the case.

All the accused in custody, Syed Sarwat Hussain, Afraz Hussain and Mst Shafia, were produced before the court by the police. The process server was absent and the court issued a show cause notice to him.

The court ordered issuance of non-bailable warrants of arrest of the absconding accused, Abdul Jabbar Tunio and Haji Ibrahim Chandio. The court issued notice of bail plea by Afraz Hussain, co-accused and son of Sarwat and Shafia, and of B class in prison by Syed Sarwat Hussain for July 21.

IO served show cause notice
-----------------------------

Saturday, July 18, 2009

Lawyer arrested in stabbing attempt

The Associated Press - 07/18/2009

SANTA ANA, Calif.—Authorities say an Orange County lawyer has been arrested after he tried to stab a man serving him with civil court papers.

Santa Ana police Cpl. Anthony Bertagna says 49-year-old Ralph Gibson Pagter Jr. surrendered peacefully at his home Thursday.

Bertagna says the process server told police Pagter threatened him and then tried to stab him, forcing him to flee.

Pagter was held on suspicion of assault with a deadly weapon. A large hunting knife was recovered at the residence.

Pagter has been an active member of the California Bar Association since 1984, according to the group's web site.

Lawyer arrested in stabbing attempt
-------------------------------------

Friday, July 17, 2009

Santa Ana lawyer arrested on suspicion of assaulting process server

Tony Barboza - latimesblogs.com - July 17, 2009

A Santa Ana lawyer who was being served with civil court papers was arrested after trying to stab the messenger with a large hunting knife, authorities said today.

A process server was trying to serve Ralph Gibson Pagter Jr., 49, outside his home in the 2230 block of North Towner Street just before 10 p.m. Thursday. The lawyer confronted the man, threatened him and tried to stab him, said Santa Ana Police Sgt. Mark Kozakowski.

The man fled unharmed and called police, who arrived at the home and arrested Pagter on suspicion of assault with a deadly weapon. He was booked at the Orange County Jail and released today on $25,000 bail.

Pagter has been an active member of the State Bar since 1984, specializing in bankruptcy law.

Santa Ana lawyer arrested on suspicion of assaulting process server
--------------------------------

Polk County Sheriff's worker arrested for aiding felon

Henry Pierson Curtis - OrlandoSentinel.com - July 17, 2009

Polk County sheriff's employee Tiffany Farr allegedly used a sheriff's computer to warn a felon about a criminal investigation.

A Polk County sheriff's employee resigned Friday after her arrest for warning a convicted felon who was the target of a criminal investigation.

Tiffany Farr quit after admitting she had used her sheriff's computer to pass on information about the investigation to the felon, according to sheriff's spokeswoman Carrie Eleazer.

The information included disclosing where sheriff's deputies were conducting the investigation, Eleazer wrote.

Farr, 27, of Aburndale, was hired in 2005 as a clerical assistnat and became a court process server a year later. She was charged with two counts of illegally accessing a computer and two counts disclosure of criminal justice Information. She is in the process of being booked into the Polk County Jail, according to the sheriff's office.

Read the rest of the story:
Polk County Sheriff's worker arrested for aiding felon

-----------------------------------

Polk sheriff's process server arrested, resigns

TBO.com - July 17, 2009

A court process server for the Polk County Sheriff's Office was arrested today, accused of using her agency-issued laptop to give information to a convicted felon who was the subject of an investigation.

Tiffany Farr, 27, of Auburndale, was charged with two counts of illegally accessing a computer and two counts of disclosure of criminal justice information, the sheriff's office said.

She resigned from the agency today.

Farr was hired by the sheriff's office in November 2005 as a clerical assistant and became a court process server in August 2006.


Polk sheriff's process server arrested, resigns


----------------------------------

Tuesday, July 14, 2009

China's Rio Tinto Arrests. Everyone Just Move Along....

By Steve Dickinson - chinalawblog.com - July 14, 2009

The recent detentions of four Rio Tinto executives has caused much concern. However, the situation has been misunderstood by most in the West because of a failure to understand the legal background.

The Rio Tinto employees are accused of conducting industrial espionage. Specifically, they are accused of bribery and theft of trade secrets. These acts are crimes under Chinese law. Therefore, if the accusations are factual, the four Rio Tinto employees are subject to criminal sanction in China, with typical prison sentences of up to four years.

The only thing unusual about this case is the decision of the Chinese government to treat the matter not as a commercial trade secrecy violation, but rather, as a theft of state secrets. I assume the reason for this is that the allegedly stolen information is in fact highly secret and damaging to the position of the Chinese companies in the iron ore price negotiations with Rio Tinto. The Chinese are probably avoiding a criminal trial so as to better maintain the secrecy of the information. The underlying issue, however, is that if the accusations are true, the Rio Tinto employees and their collaborators committed a serious violation of Chinese law. The choice of the government to follow the state secrets route should not obscure this fundamental fact.

What does all this mean for other companies doing business in China? This proceeding is actually not a sudden shift in Chinese policy. Foreign companies need to understand the fundamental fact that if you violate Chinese law you will be arrested and punished. There is no free pass because you are foreign or because you work for a foreign company.

Read the rest of the story:
China's Rio Tinto Arrests. Everyone Just Move Along....
-----------------------------------

Monday, July 13, 2009

Sheriff's Office launches South Park tampering investigation

Jessica Holloway - kfdm.com - July 13, 2009

BEAUMONT- The Jefferson County District Clerk has requested the sheriff investigate what she calls the mis-handling of court documents. Lolita Ramos says she wants the sheriff to find out who deceived the clerk's office and broke the law.

Jessica Holloway reports, the incident involves a document related to the possible demolition of South Park Middle School.

"This is is where civil work is done," said Lolita Ramos.

The district clerk says it's always been done this way.

"It's worked well for us all these years this table has stood strong but times have changed," Lolita Ramos.

Clerks put citations on this table and in this basket for attorneys or their runners to pickup.

"I've asked the sheriff to investigate it. I'd like to know who's in possession of those citations," said Ramos.

Attorney Mike Getz is representing the Beaumont Heritage Society in a fight against the Beaumont Independent School District to save South Park High School.

He filed a temporary restraining order with the Clerk's office to halt demolition.

His private process server was supposed to pick up the citation and serve it to the school district but that didn't happen.

Read the rest of the story:
Sheriff's Office launches South Park tampering investigation
---------------------------------

He says he's not the daddy

KNOWING YOUR RIGHTS

Margarette May Macaulay - JamaicaObserver.com - July 13, 2009

Dear Mrs Macaulay, I am writing on behalf of my sister. She and her husband are separated and she is waiting on funds to start a divorce. However, she wants to take him to court for maintenance of their 10-year-old daughter, but he refuses to accept the summons saying that the child is not his. Fact is, she cheated on him but she swears the child is his. What option does she have? Will she have to pay for the DNA test?

Thank you for your letter on behalf of your sibling.

I am amazed at the difficulty you have written about; I cannot really understand it. Who has been attempting to serve him the summons for maintenance of his 10-year-old child? They do not seem to know what they are doing!

Read the rest of the story:
He says he's not the daddy

------------------------------

Sunday, July 12, 2009

Murtaza Bhutto murder case adjourned

Murtaza Bhutto murder case adjourned
Daily Times - Karachi, Pakistan - Sunday, July 12, 2009

KARACHI: The hearing in the murder case of Mir Murtaza Bhutto, chief of PPP (Shaheed Bhutto Group), SVP Ashique Hussain Jatoi and six workers and supporters of the party, was adjourned till July 27 by Additional District and Sessions Judge, East-I, Aftab Ahmed as the court was told that the prosecution witnesses (PWs), who were issued with notice for appearance and testimony, either passed away or retired from the police service.

When the trial pending since 1996 came up for hearing, the process server informed that none of the PWs was in attendance. He stated that some of the PWs have passed away, while trial remains pending and some have retired and thus untraceable for serving of summons to record their evidence in the case. The trial court judge, after this statement by the process server, issued notices to more PWs and adjourned further proceeding still July 27. The accused include AIG Wajid Ali Durrani and a number of police officials including low ranking officials were facing trial since 1996. Mir Murtaza Bhutto and his men were gunned down in an alleged shoot out with the Karachi police on Sept 20, 1996. staff report

Murtaza Bhutto murder case adjourned

--------------------------------

Thursday, July 9, 2009

Born in the USA?

Eligibility claims attracting high-level interest
Joint Chiefs counsel, Justice Department now involved
By Bob Unruh - 2009 WorldNetDaily - July 9, 2009

California attorney Orly Taitz, who has pursued multiple legal challenges to Barack Obama's eligibility to be the president, is attracting high-level attention, with the Justice Department trying to add itself onto one of her cases and the legal counsel for the Joint Chiefs of Staff being assigned to review another issue.

Taitz has filed multiple legal actions around the country alleging Obama does not meet the constitutional requirements to occupy the Oval Office. One of her cases, filed against Obama as an individual for actions before he took office, is scheduled for a hearing in a California court Monday.

The hearing is on a request by Taitz for a default judgment, since she explains she notified the president of the action weeks ago, and his lawyers failed to respond.

Taitz has told WND if her motion is granted, she will immediately request access to Obama's birth records and other documentation that could determine his eligibility to occupy the Oval Office.

Taitz has been trying multiple additional notification procedures since U.S. District Judge David O. Carter ruled: "Before the court is a motion by plaintiffs for reconsideration of order to show cause or in the alternative to certify question for appeal. Court sets this matter for hearing on July 13, 2009 at 8:30 a.m. in Courtroom 9D. Plaintiffs are directed to make every effort possible to ensure that all remaining defendants are aware of the hearing and provide documentation that the individual receiving service is authorized to accept on defendants' behalf."

Read the rest of the story:
Born in the USA?
-------------------------------

Wednesday, July 8, 2009

Herhold: Small claims commissioner owes us an explanation

By Scott Herhold - Mercury News Columnist - 07/08/2009

Three years ago, Efreen Gonzales, the owner of a modest Hollister landscaping business, endured the kind of unfolding disaster that occurs to the rest of us only in our worst nightmares.

Gonzales had loaned a 1990 maroon Oldsmobile Cutlass to a relative, who left the car parked on the street when he had the misfortune to die. The Gilroy police ordered the car towed.

The tower, Paul S. Greer, then sued Gonzales in small claims court for towing and storage fees. When Gonzales didn't show, Greer won by default. In July 2006, Greer obtained an order from Commissioner Greg Saldivar to drain $4,000 from Gonzales' bank account.

The first big problem with this chain of events had to do with fairness. Gonzales said he was never notified of the small claims suit and thus had no chance to defend himself. The first time he heard of it was when he got a notice that his bank accounts would be examined.

When he tried to explain this to Saldivar in the 2006 hearing, the commissioner cut him off. But a property manager at the apartment building where the small claims notice was allegedly delivered backed up Gonzales' story. He said he hadn't lived there for a decade.

The second big problem was that Gonzales was hardly the only victim. Court records reflected a pattern of people who said they were never notified, mistaken for someone else or had sold their car long before it was towed. In virtually every case, Saldivar ruled against them.

Greer and his father, Vincent Cardinalli Sr., now face a 169-count indictment charging that they exploited the small-claims system to gouge fees from victims.

A process server for Greer, Jeff Horan, pleaded no contest to six counts of perjury and one count of conspiracy to defraud.

Read the rest of the story:
Herhold: Small claims commissioner owes us an explanation
---------------------------------------------

Fewer drivers paying photo radar tickets

Quinn Schuler - kvoa.com - July 8, 2009

Photo radar cameras used to equal big dollar signs for Joe Geremia.

"Yea, used to be a pretty good business," Geremia said.

Geremia and his wife own Angel Enterprises.

For the last 11 years they have been mailing out flyers to drivers in the Phoenix and Tucson area, who have received a photo radar ticket.

They charge $60 for information to help drivers legally get out of paying their photo radar tickets.

A few years ago, Geremia says they would mail out 5,000 to 6,000 flyers every week. Recently, though, he says business has dropped dramatically because he believes more and more people are figuring out the loophole.

"I think everybody's pretty much getting the word that there are ways of getting around it," Geremia said.

Geremia says as long as you avoid the process server (which he says he can tell you exactly how), you can avoid a ticket.

Chris Hale, Deputy Court Administrator with Tucson City Court, says that's not only dishonest but if you are served you have to pay more.

Read the rest of the story:
Fewer drivers paying photo radar tickets
------------------------------

Tuesday, July 7, 2009

Court blocks ‘rival Mufti’ Kayongo

Alfred Nyongesa Wandera - monitor.co.ug - Kampala - July 7, 2009

Kampala High Court yesterday gave a temporary lifeline to beleaguered Mufti Shaban Mubajje when Justice Yorokamu Bamwine upheld an interim order suspending recognition of Sheikh Zubair Kayongo as a parallel Uganda Mufti, until the main suit of the case is disposed of.

The injunction follows an application by the Uganda Muslim Supreme Council (UMSC), represented by Mr Peter Kusima seeking the court to halt Sheikh Kayongo from identifying himself as a ‘Mufti’ and installing parallel district kadhis during his visits to mosques across the country.

Justice Bamwine ruled in favour of the UMSC citing dissatisfaction with the reasons given by the defence lawyer, Mr Charles Ssemakula Muganwa, not to file a response to the suit.

Mr Ssemakula told court that he did not file a defence because the notice given to him by the process server was not sealed and that the suit was parallel to the main one, saying it was thus improperly filed before court and asked Justice Bamwine to strike it out.

Read the rest of the story:
Court blocks ‘rival Mufti’ Kayongo
-------------------------------

Sunday, July 5, 2009

Service of Florida Lawsuit Outside Florida Must Follow Florida Laws

Blog - Florida Lawyer Jim Martin - A View from St. Petersburg

Florida courts generally obtain jurisdiction over a defendant when a summons and complaint is properly served on the defendant. When the defendant resides outside Florida, the process server is usually unfamiliar with Florida’s process service requirements. This often results in invalid service of process, which means the court lacks jurisdiction. In such cases, the defendant’s Florida attorney can file a motion to quash service and dismiss for lack of jurisdiction over the person.

For example, Florida Statutes Section 48.194(1) requires that service outside the State of Florida be made “in the same manner as service within this state by any officer authorized to serve process in the state where the person is served.”

Florida Statutes Section 48.031(5) states that service in Florida requires the person serving process to place on the copy served “the date and time of service and his or her identification number and initials for all service of process.”

Florida Rules of Civil Procedure 1.070(e) provides that “[t]he date and hour of service shall be endorsed on the original process and all copies of it by the person making the service.”

Florida Rules of Civil Procedure 1.070(e) provides that “a copy of the initial pleading shall be delivered to the party upon whom service is made.”

Read the rest of the story:
Service of Florida Lawsuit Outside Florida Must Follow Florida Laws
-------------------------------------

Wednesday, July 1, 2009

County not abandoning idea for process servers

06/30/2009 - Tammie Sloup - mywebtimes.com

La Salle County Board members have not abandoned the idea of process servers — civilians hired to serve civil court documents.

Sheriff Tom Templeton and board members have discussed the idea for more than a year, with a previous plan involving hiring part-time employees for the job of delivering the documents using their own vehicles and working for about $10 an hour.

With the cost of gas and insurance issues, the idea wasn't very appealing to those who expressed interest in the job, including retired law enforcement officers.

Sheriff's deputies now deliver the process papers in between calls, and thousands of papers awaiting delivery are backlogged because of the lack of time deputies have to serve the papers.

The civil papers, which could include summons for divorce hearings or in civil lawsuits, are not criminal warrants, which deputies would continue to deliver.

Fees also are attached to the notices. The servees' attorneys are billed for the service, which averages about $50, depending on the distance traveled to deliver the documents.

Read the rest of the story:
County not abandoning idea for process servers

-----------------------------------------