Kalen Ponche - December 29, 2011 - Lake Saint Louis Patch
St. Charles County Executive Steve Ehlmann vetoed part of the 2012 budget which would have given some Sheriff's Deputies a one-time salary increase.
“We have budgeted salary increases of 1 percent across the board for most County employees and another 2 percent for those with good employee reviews,” Ehlmann said in a press release. “This includes the Sheriff’s Department personnel. What I am against is providing more money only for the deputies.”
Read the rest of the story here:
County Executive Vetoes Raises for Sheriff's Deputies
Thursday, December 29, 2011
Faces of foreclosure on Long Island
Karen Rubin - Long Island Populist Examiner - December 29, 2011
Villains, victims may not be as you imagine
During one recent protest in posh Garden City, Long Island, where the Main Street offers a Who's Who of America's major banks, the face of foreclosure on Long Island was nothing like the stereotype. In fact, there was nothing similar about the three women who stood to tell their stories, or their circumstances which led them to face this terrible crisis of losing their home.
Claudia's predicament was triggered by a divorce, in which she claims her ex-husband has failed to pay the court ordered support; suffering a medical disability and raising a nine-year old, she has been forced into bankruptcy. This woman is asserting that the bank has no right to foreclose because her mortgage had been reassigned three times, with the bankruptcies and failures of the company and successor company that had the mortgage.
Read the rest of the story:
Faces of foreclosure on Long Island
Villains, victims may not be as you imagine
During one recent protest in posh Garden City, Long Island, where the Main Street offers a Who's Who of America's major banks, the face of foreclosure on Long Island was nothing like the stereotype. In fact, there was nothing similar about the three women who stood to tell their stories, or their circumstances which led them to face this terrible crisis of losing their home.
Claudia's predicament was triggered by a divorce, in which she claims her ex-husband has failed to pay the court ordered support; suffering a medical disability and raising a nine-year old, she has been forced into bankruptcy. This woman is asserting that the bank has no right to foreclose because her mortgage had been reassigned three times, with the bankruptcies and failures of the company and successor company that had the mortgage.
Read the rest of the story:
Faces of foreclosure on Long Island
Tuesday, December 27, 2011
Rhode Island judge denies WVU motion to dismiss Big East lawsuit
Ben Kercheval - December 27, 2011
collegefootballtalk.nbcsports.com
Just a week or so after a Monongalia County Circuit Court judge denied the Big East’s motion to dismiss West Virginia’s lawsuit against the conference, a Rhode Island judge has denied WVU’s motion to dismiss the Big East’s lawsuit against the institution, West Virginia MetroNews reported this afternoon.
The 28-page ruling states that WVU’s motion was denied on grounds of Personal Jurisdiction, Service of Process, Sovereign Immunity, First to File and Forum Non Conveniens.
Read the rest of the story here:
Rhode Island judge denies WVU motion to dismiss Big East lawsuit
collegefootballtalk.nbcsports.com
Just a week or so after a Monongalia County Circuit Court judge denied the Big East’s motion to dismiss West Virginia’s lawsuit against the conference, a Rhode Island judge has denied WVU’s motion to dismiss the Big East’s lawsuit against the institution, West Virginia MetroNews reported this afternoon.
The 28-page ruling states that WVU’s motion was denied on grounds of Personal Jurisdiction, Service of Process, Sovereign Immunity, First to File and Forum Non Conveniens.
Read the rest of the story here:
Rhode Island judge denies WVU motion to dismiss Big East lawsuit
Thursday, December 22, 2011
C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski
SHERRI M. OKAMOTO - Metropolitan News-Enterprise - December 22, 2011
A Canadian corporation cannot be sued in this state for injuries caused by an exploding jet ski on the California side of Lake Havasu, the Court of Appeal for this district has ruled.
Div. One yesterday ordered published its Nov. 30 decision holding that the placement of a product into the stream of commerce in a foreign country, with the knowledge that it may be swept into California, is not enough to subject a defendant to personal jurisdiction here.
The defendant, Dow Chemical Canada ULC, was the successor-in-interest to the Canadian corporation which had manufactured the allegedly defective fuel tank for the Sea-Doo GSX watercraft which blew up in August 2008. The nine plaintiffs, all California residents, alleged that they were injured as a result.
After being served with the complaint, Dow appeared specially and moved to quash service of the summons on the ground that it lacked the requisite minimum contacts with California to justify the state’s assertion of personal jurisdiction.
Read the rest of the story here:
C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski
A Canadian corporation cannot be sued in this state for injuries caused by an exploding jet ski on the California side of Lake Havasu, the Court of Appeal for this district has ruled.
Div. One yesterday ordered published its Nov. 30 decision holding that the placement of a product into the stream of commerce in a foreign country, with the knowledge that it may be swept into California, is not enough to subject a defendant to personal jurisdiction here.
The defendant, Dow Chemical Canada ULC, was the successor-in-interest to the Canadian corporation which had manufactured the allegedly defective fuel tank for the Sea-Doo GSX watercraft which blew up in August 2008. The nine plaintiffs, all California residents, alleged that they were injured as a result.
After being served with the complaint, Dow appeared specially and moved to quash service of the summons on the ground that it lacked the requisite minimum contacts with California to justify the state’s assertion of personal jurisdiction.
Read the rest of the story here:
C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski
Wednesday, December 21, 2011
Clerk Files Motion to Dismiss Nickel Tax Lawsuit
surfky.com - 12/21/11
WEBSTER COUNTY, KY (12/21/11) – After a review of the minutes for the Nov. 3 special called Webster County Board of Education meeting at which school district officials reported the board directed a lawsuit be filed against Webster County Clerk Valerie Franklin Newell regarding her handling of a petition filed to recall a so-called “nickel tax,” Webster County Attorney Clint Prow, who represents Newell on the county’s behalf, has filed a motion to have the case dismissed.
Read the rest of the story here:
Clerk Files Motion to Dismiss Nickel Tax Lawsuit
WEBSTER COUNTY, KY (12/21/11) – After a review of the minutes for the Nov. 3 special called Webster County Board of Education meeting at which school district officials reported the board directed a lawsuit be filed against Webster County Clerk Valerie Franklin Newell regarding her handling of a petition filed to recall a so-called “nickel tax,” Webster County Attorney Clint Prow, who represents Newell on the county’s behalf, has filed a motion to have the case dismissed.
Read the rest of the story here:
Clerk Files Motion to Dismiss Nickel Tax Lawsuit
ESTELA v. CAVALCANTI - quash service of process
ESTELA v. CAVALCANTI
Jose Luis Estela, Appellant,
v.
Roberto Cavalcanti, Appellee.
Case No. 3D11-2208.
District Court of Appeal of Florida, Third District.
Opinion filed December 21, 2011.
Jose Luis Estela ("Estela") appeals a non-final order denying his motion to quash service and to dismiss for lack of jurisdiction. We reverse and remand with directions to quash service of process.
After filing an amended complaint against three named defendants, including Estela, Roberto Cavalcanti ("Cavalcanti") made several failed attempts to personally serve Estela at his last known address in Key Biscayne. In an effort to locate Estela, Cavalcanti ordered a skip trace, which revealed that Estela owned homesteaded property in Miami Beach. Cavalcanti attempted to serve Estela at the Miami Beach address, but his attempts were unsuccessful.
Read the rest of the case here:
ESTELA v. CAVALCANTI
Jose Luis Estela, Appellant,
v.
Roberto Cavalcanti, Appellee.
Case No. 3D11-2208.
District Court of Appeal of Florida, Third District.
Opinion filed December 21, 2011.
Jose Luis Estela ("Estela") appeals a non-final order denying his motion to quash service and to dismiss for lack of jurisdiction. We reverse and remand with directions to quash service of process.
After filing an amended complaint against three named defendants, including Estela, Roberto Cavalcanti ("Cavalcanti") made several failed attempts to personally serve Estela at his last known address in Key Biscayne. In an effort to locate Estela, Cavalcanti ordered a skip trace, which revealed that Estela owned homesteaded property in Miami Beach. Cavalcanti attempted to serve Estela at the Miami Beach address, but his attempts were unsuccessful.
Read the rest of the case here:
ESTELA v. CAVALCANTI
Wednesday, September 21, 2011
Bedard says legal issue didn't distract him
chron.com - September 21, 2011
BOSTON (AP) — Erik Bedard says legal papers given him by a process server wearing a Yankees shirt before a poor outing weren't a distraction.
The Boston left-hander allowed four runs in 2 2-3 innings in Baltimore's 7-5 win on Tuesday night. Bedard pitched after being served with papers seeking increased child support.
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Bedard says legal issue didn't distract him
BOSTON (AP) — Erik Bedard says legal papers given him by a process server wearing a Yankees shirt before a poor outing weren't a distraction.
The Boston left-hander allowed four runs in 2 2-3 innings in Baltimore's 7-5 win on Tuesday night. Bedard pitched after being served with papers seeking increased child support.
Read the rest of the story:
Bedard says legal issue didn't distract him
Saturday, August 27, 2011
BSY's advance bail plea hangs in balance
TimesofIndia.com - Aug 27, 2011
BANGALORE: It was a so-near-yet-so-far situation for beleaguered former chief minister BS Yeddyurappa. Though the high court heard at length one of his anticipatory bail petitions, it could not pass any orders due to paucity of time.
Consequently Yeddyurappa has to appear before the special court, either personally or through an advocate, when the case comes up on Saturday.
Even as senior advocate UU Lalit, who appeared on behalf of Yeddyurappa, prayed for an interim order as his his client was required to appear before the Lokayukta court on Saturday, Justice L Narayanaswamy refused to grant that prayer saying that he would like to pass a detailed final order on Monday.
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BSY's advance bail plea hangs in balance
BANGALORE: It was a so-near-yet-so-far situation for beleaguered former chief minister BS Yeddyurappa. Though the high court heard at length one of his anticipatory bail petitions, it could not pass any orders due to paucity of time.
Consequently Yeddyurappa has to appear before the special court, either personally or through an advocate, when the case comes up on Saturday.
Even as senior advocate UU Lalit, who appeared on behalf of Yeddyurappa, prayed for an interim order as his his client was required to appear before the Lokayukta court on Saturday, Justice L Narayanaswamy refused to grant that prayer saying that he would like to pass a detailed final order on Monday.
Read the rest of the story:
BSY's advance bail plea hangs in balance
Thursday, July 14, 2011
Ghana MPs enjoy immunity from service of process and arrest
allafrica.com 7/14/11
According to the Minority Leader, Ghana MPs enjoy immunity from service of process and arrest, as stated in Articles 117 and 118 (2) of the 1992 Constitution ahttp://www.blogger.com/img/blank.gifnd was, therefore, surprised why the A-G boycotted the Constitution and went ahead to order the arrest of Mr. Akyea. "That is most unfortunate," he argued.
Read the rest of the story here:
Ghana MPs enjoy immunity from service of process and arrest
According to the Minority Leader, Ghana MPs enjoy immunity from service of process and arrest, as stated in Articles 117 and 118 (2) of the 1992 Constitution ahttp://www.blogger.com/img/blank.gifnd was, therefore, surprised why the A-G boycotted the Constitution and went ahead to order the arrest of Mr. Akyea. "That is most unfortunate," he argued.
Read the rest of the story here:
Ghana MPs enjoy immunity from service of process and arrest
Friday, July 1, 2011
Supreme Court limits personal jurisdiction over out-of-state defendants
Jones Day - lexology.com
Meir Feder and Eric E. Murphy - July 1 2011
On June 27, 2011, the Supreme Court issued a pair of important decisions limiting state courts' personal jurisdiction over out-of-state defendants, Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (U.S. June 27, 2011), and J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343 (U.S. June 27, 2011). The Court addressed the two basic categories of personal jurisdiction—general jurisdiction and specific jurisdiction—and endorsed narrower limits on both than have been applied by many lower courts. The general jurisdiction decision, Goodyear, significantly clarified what has been a murky legal standard, and did so in a way that presents significant new opportunities for corporations to avoid jurisdiction in improper forums. In the specific jurisdiction case, McIntyre, the Court's inability to agree on a majority opinion injected additional confusion into an already unsettled area.
Read the rest of the story here:
Supreme Court limits personal jurisdiction over out-of-state defendants
Meir Feder and Eric E. Murphy - July 1 2011
On June 27, 2011, the Supreme Court issued a pair of important decisions limiting state courts' personal jurisdiction over out-of-state defendants, Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (U.S. June 27, 2011), and J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343 (U.S. June 27, 2011). The Court addressed the two basic categories of personal jurisdiction—general jurisdiction and specific jurisdiction—and endorsed narrower limits on both than have been applied by many lower courts. The general jurisdiction decision, Goodyear, significantly clarified what has been a murky legal standard, and did so in a way that presents significant new opportunities for corporations to avoid jurisdiction in improper forums. In the specific jurisdiction case, McIntyre, the Court's inability to agree on a majority opinion injected additional confusion into an already unsettled area.
Read the rest of the story here:
Supreme Court limits personal jurisdiction over out-of-state defendants
Monday, June 6, 2011
Casey Anthony subpoenaed in Zenaida Gonzalez case
ORLANDO -- cfnews.com 6/6/11
Casey Anthony has been subpoenaed to give a deposition in the Zenaida Gonzalez case against her.
Anthony is due to give the deposition July 19 in attorney John Morgan's office in downtown Orlando.
“One of the things that I think America doesn't want is for her to profit,” Morgan said.
http://www.blogger.com/img/blank.gif
Morgan brought the civil case against Anthony in September 2008, one month before she was indicted for murder.
Now she could be on the verge of walking out of jail.
“My first reaction was wow,” Morgan said. “My second reaction was about my own case. ‘Game on. Here we go.’”
Morgan said he needed to act fast and dispatched a process server to lay a subpoena on Anthony personally.
Read the rest of the story:
Casey Anthony subpoenaed in Zenaida Gonzalez case
Casey Anthony has been subpoenaed to give a deposition in the Zenaida Gonzalez case against her.
Anthony is due to give the deposition July 19 in attorney John Morgan's office in downtown Orlando.
“One of the things that I think America doesn't want is for her to profit,” Morgan said.
http://www.blogger.com/img/blank.gif
Morgan brought the civil case against Anthony in September 2008, one month before she was indicted for murder.
Now she could be on the verge of walking out of jail.
“My first reaction was wow,” Morgan said. “My second reaction was about my own case. ‘Game on. Here we go.’”
Morgan said he needed to act fast and dispatched a process server to lay a subpoena on Anthony personally.
Read the rest of the story:
Casey Anthony subpoenaed in Zenaida Gonzalez case
Florida Couple Threatens Bank With Foreclosure
TAMARA LUSH - Associated Press
ST. PETERSBURG, Fla. June 6, 2011 (AP)
Months after Bank of America wrongly foreclosed on a house Warren and Maureen Nyerges had already paid for, they were still fighting to get reimbursed for the court battle.
So on Friday, their attorney showed up at a branch office in Naples with a moving truck and sheriff's deputies who had a judge's permission to seize the furniture if necessary. An hour later, the bank had written a check for $5,772.88.
"The branch manager was visibly shaken," attorney Todd Allen said Monday, recalling the visit to the bank last week. "At that point I was willing to take the desk and the chair he was sitting in."
Read the rest of the story here:
Florida Couple Threatens Bank With Foreclosure
ST. PETERSBURG, Fla. June 6, 2011 (AP)
Months after Bank of America wrongly foreclosed on a house Warren and Maureen Nyerges had already paid for, they were still fighting to get reimbursed for the court battle.
So on Friday, their attorney showed up at a branch office in Naples with a moving truck and sheriff's deputies who had a judge's permission to seize the furniture if necessary. An hour later, the bank had written a check for $5,772.88.
"The branch manager was visibly shaken," attorney Todd Allen said Monday, recalling the visit to the bank last week. "At that point I was willing to take the desk and the chair he was sitting in."
Read the rest of the story here:
Florida Couple Threatens Bank With Foreclosure
Monday, May 23, 2011
Deceased homeowner served with foreclosure papers
By Paul Owers May 23, 2011 10:55 AM
weblogs.sun-sentinel.com
Some homeowners trying to defend themselves against foreclosure have said the lender didn’t properly serve them.
And in one recent case, the homeowner wasn’t properly served because he was dead, Sunrise lawyer Andrew Dinnerstein said.
Dinnerstein, who’s representing the family of the deceased, said in court papers that a representative of process server ProVest served the homeowner on April 21, 2011. But the homeowner had passed away Aug. 4, 2010.
Dinnerstein is not identifying the man to protect the family's privacy.
Read the rest of the story:
Deceased homeowner served with foreclosure papers
weblogs.sun-sentinel.com
Some homeowners trying to defend themselves against foreclosure have said the lender didn’t properly serve them.
And in one recent case, the homeowner wasn’t properly served because he was dead, Sunrise lawyer Andrew Dinnerstein said.
Dinnerstein, who’s representing the family of the deceased, said in court papers that a representative of process server ProVest served the homeowner on April 21, 2011. But the homeowner had passed away Aug. 4, 2010.
Dinnerstein is not identifying the man to protect the family's privacy.
Read the rest of the story:
Deceased homeowner served with foreclosure papers
Friday, May 20, 2011
Man charged with threatening, assaulting public official
By Austin Miller - www.ocala.com
May 20, 2011
OCALA - A man who allowed his dogs to attack a civil process server and then shot at the man was arrested Thursday.
The victim told authorities he went to the Southwest Ocala home early in the day but was told by a woman that her father was not there and that he should come back after 6 p.m.
The man said he returned to the home and got out of his vehicle and was approached by several dogs, which were aggressive. He said he was afraid of being bitten so he used pepper spray to stop the dogs from attacking him.
Then, he said, a man standing by the front window watching him came out of the home with a black semi-automatic weapon and fired a shot over his head.
Read the rest of the story:
Man charged with threatening, assaulting public official
May 20, 2011
OCALA - A man who allowed his dogs to attack a civil process server and then shot at the man was arrested Thursday.
The victim told authorities he went to the Southwest Ocala home early in the day but was told by a woman that her father was not there and that he should come back after 6 p.m.
The man said he returned to the home and got out of his vehicle and was approached by several dogs, which were aggressive. He said he was afraid of being bitten so he used pepper spray to stop the dogs from attacking him.
Then, he said, a man standing by the front window watching him came out of the home with a black semi-automatic weapon and fired a shot over his head.
Read the rest of the story:
Man charged with threatening, assaulting public official
Tuesday, May 17, 2011
Process servers use social media to find their targets
www.wistv.com
May 17, 2011
COLUMBIA, SC (WIS) - We do it every day, and likely don't realize it -- leaving behind personal information on the Internet. You think you're doing it to keep friends and family updated, but others also are watching your every move, including those you may be trying to avoid. It has one man saying, "gotcha!"
Lee Griggs is not an investigator, but he spends hours investigating. "If I am right, he not only pulled down the photo he had the other day, but it looks like he may have pulled his site," said Griggs.
He's not a bounty hunter, but he does hunt people. Lee is a process server, delivering mostly debt collections and foreclosure notices. He also serves witness subpoenas, workers comp cases and divorce papers. "We get 'em served," said Griggs. "We go all the way."
Read the rest of the story:
Process servers use social media to find their targets
May 17, 2011
COLUMBIA, SC (WIS) - We do it every day, and likely don't realize it -- leaving behind personal information on the Internet. You think you're doing it to keep friends and family updated, but others also are watching your every move, including those you may be trying to avoid. It has one man saying, "gotcha!"
Lee Griggs is not an investigator, but he spends hours investigating. "If I am right, he not only pulled down the photo he had the other day, but it looks like he may have pulled his site," said Griggs.
He's not a bounty hunter, but he does hunt people. Lee is a process server, delivering mostly debt collections and foreclosure notices. He also serves witness subpoenas, workers comp cases and divorce papers. "We get 'em served," said Griggs. "We go all the way."
Read the rest of the story:
Process servers use social media to find their targets
Jacobs' legislation increases the penalties for assault process servers
GateHouse News Service - May 17, 2011 - www.aledotimesrecord.com
Springfield, ill.
Senator Mike Jacobs (D-Moline) has passed legislation which will increase the penalties for the assault of a process server.
"Those who work with law enforcement and the courts can become targets for assault by those they are serving documents to," stated Senator Jacobs. "We have increased the assault penalties over the years for those people who work on behalf of the State Government and law enforcement, and this legislation will extend these protections for those who work on behalf of the courts."
Jacobs' legislation increases the penalties for assault process servers
Springfield, ill.
Senator Mike Jacobs (D-Moline) has passed legislation which will increase the penalties for the assault of a process server.
"Those who work with law enforcement and the courts can become targets for assault by those they are serving documents to," stated Senator Jacobs. "We have increased the assault penalties over the years for those people who work on behalf of the State Government and law enforcement, and this legislation will extend these protections for those who work on behalf of the courts."
Jacobs' legislation increases the penalties for assault process servers
Monday, May 16, 2011
5 Steps to Win in Small Claims Court
By Sally Herigstad - www.foxbusiness.com
May 16, 2011
Most debt advice is for people who owe money. But what if they owe it to you?
Maybe a former tenant's security deposit fell a few thousand short of the damage he left. Or an old friend now says you never lent him five grand, despite a canceled check to the contrary. Perhaps a hot-rodder flattened your flowerbeds, promised to repair them, then drove off for good.
5 Steps to Win in Small Claims Court
May 16, 2011
Most debt advice is for people who owe money. But what if they owe it to you?
Maybe a former tenant's security deposit fell a few thousand short of the damage he left. Or an old friend now says you never lent him five grand, despite a canceled check to the contrary. Perhaps a hot-rodder flattened your flowerbeds, promised to repair them, then drove off for good.
5 Steps to Win in Small Claims Court
Friday, May 13, 2011
Adrian process server guilty
Daily Telegram - May 13, 2011
ADRIAN, Mich.
A process server accused of failing to deliver papers and swearing he did faces up to 93 days in jail after pleading guilty to reduced charges Thursday in Lenawee County District Court. William Eugene Millner, 33, of Adrian is to return June 23 for sentencing by Judge Laura J. Schaedler.
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Adrian process server guilty
ADRIAN, Mich.
A process server accused of failing to deliver papers and swearing he did faces up to 93 days in jail after pleading guilty to reduced charges Thursday in Lenawee County District Court. William Eugene Millner, 33, of Adrian is to return June 23 for sentencing by Judge Laura J. Schaedler.
Read the rest of the story:
Adrian process server guilty
Wednesday, May 11, 2011
Served With Legal Papers on Stage, Mike Epps Goes Ballistic
May 11, 2011
www.aceshowbiz.com
The Black Doug of 'The Hangover' launches offensive rants after a process server handed him the papers in the middle of his stand-up set in Grand Prairie, Texas.
Mike Epps has got served while performing on the stage, and he didn't hold back from voicing his irritation. TMZ has got a hold on the video documenting the stand-up comedian's reaction after a process server handed him a lawsuit stemming from an altercation in a Detroit nightclub in December 2010.
Read the rest of the story:
Served With Legal Papers on Stage, Mike Epps Goes Ballistic
www.aceshowbiz.com
The Black Doug of 'The Hangover' launches offensive rants after a process server handed him the papers in the middle of his stand-up set in Grand Prairie, Texas.
Mike Epps has got served while performing on the stage, and he didn't hold back from voicing his irritation. TMZ has got a hold on the video documenting the stand-up comedian's reaction after a process server handed him a lawsuit stemming from an altercation in a Detroit nightclub in December 2010.
Read the rest of the story:
Served With Legal Papers on Stage, Mike Epps Goes Ballistic
Tuesday, May 10, 2011
Mike Epps Curses Out Process Server For Interrupting His Show
Tuesday, May 10th, 2011
www.thefablife.com
While comedians are expected to keep their cool over hecklers, the stakes were a little different for Mike Epps recently. The comedian (and regular Ice Cube sidekick) just finished a series of stand-up dates in Texas, with his Grand Prairie gig Friday interrupted by a process server, who threw papers at the star (a photographer is suing him over an alleged assault in Detroit last year).
Read the rest of the story:
Mike Epps Curses Out Process Server For Interrupting His Show
www.thefablife.com
While comedians are expected to keep their cool over hecklers, the stakes were a little different for Mike Epps recently. The comedian (and regular Ice Cube sidekick) just finished a series of stand-up dates in Texas, with his Grand Prairie gig Friday interrupted by a process server, who threw papers at the star (a photographer is suing him over an alleged assault in Detroit last year).
Read the rest of the story:
Mike Epps Curses Out Process Server For Interrupting His Show
Saturday, May 7, 2011
Despite Arizona lawmaker's curbs, cities not slowing down in photo enforcement
Tim Hacker - May 7, 2011
Photo Radar
Despite Arizona lawmaker's curbs, cities not slowing down in photo enforcement By Mike Sakal, Tribune East Valley Tribune | 18 comments
A new state law requiring cities to change the wording on mailed photo-enforcement tickets to clearly reflect a speeder’s rights and obligations to pay them doesn’t appear to be putting the brakes on the East Valley cities issuing citations.
Senate Bill 1398 is Arizona lawmakers’ latest attempt to hamper photo enforcement. The state ended its experiment with speed cameras along freeways last summer, when the Arizona Department of Public Safety chose not to renew its contract with Phoenix-based vendor Reflex.
Read the rest of the article:
Despite Arizona lawmaker's curbs, cities not slowing down in photo enforcement
Photo Radar
Despite Arizona lawmaker's curbs, cities not slowing down in photo enforcement By Mike Sakal, Tribune East Valley Tribune | 18 comments
A new state law requiring cities to change the wording on mailed photo-enforcement tickets to clearly reflect a speeder’s rights and obligations to pay them doesn’t appear to be putting the brakes on the East Valley cities issuing citations.
Senate Bill 1398 is Arizona lawmakers’ latest attempt to hamper photo enforcement. The state ended its experiment with speed cameras along freeways last summer, when the Arizona Department of Public Safety chose not to renew its contract with Phoenix-based vendor Reflex.
Read the rest of the article:
Despite Arizona lawmaker's curbs, cities not slowing down in photo enforcement
Friday, May 6, 2011
DPD Officer Disciplined In Process Server Case
From Investigates - Brian Maass
May 6, 2011
DENVER (CBS4) – A Denver police officer has been disciplined for discourtesy and “conduct prejudicial” to the department for the way he treated a Denver process server last summer.
The process server, Richard Bellizzi, believed he was a crime victim, but ended up being arrested and jailed for 24 hours following his interaction with Officer Ron Jensen.
According to an internal police investigation of the incident obtained by CBS4, Jensen lost four days pay for his conduct in the June 24 incident and was issued a written reprimand for discourtesy. The Denver District Attorneys Office ultimately dropped all charges against Bellizzi.
Read the rest of the article:
DPD Officer Disciplined In Process Server Case
May 6, 2011
DENVER (CBS4) – A Denver police officer has been disciplined for discourtesy and “conduct prejudicial” to the department for the way he treated a Denver process server last summer.
The process server, Richard Bellizzi, believed he was a crime victim, but ended up being arrested and jailed for 24 hours following his interaction with Officer Ron Jensen.
According to an internal police investigation of the incident obtained by CBS4, Jensen lost four days pay for his conduct in the June 24 incident and was issued a written reprimand for discourtesy. The Denver District Attorneys Office ultimately dropped all charges against Bellizzi.
Read the rest of the article:
DPD Officer Disciplined In Process Server Case
Thursday, May 5, 2011
Perjury case returned to district court
Daily Telegram - May 05, 2011
ADRIAN, Mich.
A felony perjury case against a process server accused of lying about delivering court papers was bounced from Lenawee County Circuit Court back to district court on Wednesday for a preliminary examination that he waived in April.
Read the rest of the article:
Perjury case returned to district court
ADRIAN, Mich.
A felony perjury case against a process server accused of lying about delivering court papers was bounced from Lenawee County Circuit Court back to district court on Wednesday for a preliminary examination that he waived in April.
Read the rest of the article:
Perjury case returned to district court
Sunday, April 24, 2011
How to Become a Process Server
Tips on how to become a Sacramento process server to deliver court filings for a living. Secretary of state filings need process servers in many states why not be one.
This lense is a great article to help people who are interested in becoming a process server, these are only tips not an advertisement for employment or looking for employees.
No recommendations are made for schools just a great strategy and the nuts-n-bolts of becoming a process server to deliver attorney services and Secretary of State filings.
Read the rest of the article:
How to Become a Process Server
This lense is a great article to help people who are interested in becoming a process server, these are only tips not an advertisement for employment or looking for employees.
No recommendations are made for schools just a great strategy and the nuts-n-bolts of becoming a process server to deliver attorney services and Secretary of State filings.
Read the rest of the article:
How to Become a Process Server
Thursday, April 21, 2011
Service of Process Whoop-Ti-Do
Rusty Collins - 04/20/2011
Rusty Collins's Blog
Service of Process, yeah, it is a bunch of paperwork…signatures, copies, original document goes back to the court…that is how the court gets jurisdiction over the case.
In order to affect good Service of Process, an authorized person (such as a sheriff’s deputy or other person authorized by the sheriff’s department) has to deliver the legal documents so that everyone is notified of the lawsuit. The Process Server delivers the Original Summons, a Copy of the Summons, and the Complaint Package. The Original Summons goes back to the court, and that Summons should have the date and time of service with the Return of Service.
Read the rest of the story:
Service of Process Whoop-Ti-Do
Rusty Collins's Blog
Service of Process, yeah, it is a bunch of paperwork…signatures, copies, original document goes back to the court…that is how the court gets jurisdiction over the case.
In order to affect good Service of Process, an authorized person (such as a sheriff’s deputy or other person authorized by the sheriff’s department) has to deliver the legal documents so that everyone is notified of the lawsuit. The Process Server delivers the Original Summons, a Copy of the Summons, and the Complaint Package. The Original Summons goes back to the court, and that Summons should have the date and time of service with the Return of Service.
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Service of Process Whoop-Ti-Do
Wednesday, April 20, 2011
Selecting a Good Process Server
Orange County Professional Servers
The constitution requires under “due process of law” that a person be notified of a legal proceeding before that proceeding can take away his “life, liberty, or property”. To this end, state legislation requires that specific legal documents (i.e. subpoenas, summonses, three day notices, etc.) be “served” upon a person to guarantee an opportunity that they are heard in court.
California law does not require a specific person to “serve” legal documents, only that the person is not a party to the action, and is at least 18 years of age. However, there is a high demand for professional and experienced “process servers”. Inexperienced 3rd party individuals are not as likely to be successful executing difficult serves or responsibly filing an affidavit of service. Attorneys need professional process servers whom they can rely on to carry out their client’s rights and interests.
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Selecting a Good Process Server
The constitution requires under “due process of law” that a person be notified of a legal proceeding before that proceeding can take away his “life, liberty, or property”. To this end, state legislation requires that specific legal documents (i.e. subpoenas, summonses, three day notices, etc.) be “served” upon a person to guarantee an opportunity that they are heard in court.
California law does not require a specific person to “serve” legal documents, only that the person is not a party to the action, and is at least 18 years of age. However, there is a high demand for professional and experienced “process servers”. Inexperienced 3rd party individuals are not as likely to be successful executing difficult serves or responsibly filing an affidavit of service. Attorneys need professional process servers whom they can rely on to carry out their client’s rights and interests.
Read the rest of the story:
Selecting a Good Process Server
Wednesday, April 6, 2011
Perjury trial set for Adrian man
Daily Telegram - Apr 06, 2011
ADRIAN, Mich.
A former process server accused of falsely certifying delivery of legal papers is facing a June 14 trial on felony perjury counts. William Eugene Millner, 33, of Adrian, waived arraignment Wednesday in Lenawee County Circuit Court on five perjury counts. Judge Timothy P. Pickard set the case for trial.
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Perjury trial set for Adrian man
ADRIAN, Mich.
A former process server accused of falsely certifying delivery of legal papers is facing a June 14 trial on felony perjury counts. William Eugene Millner, 33, of Adrian, waived arraignment Wednesday in Lenawee County Circuit Court on five perjury counts. Judge Timothy P. Pickard set the case for trial.
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Perjury trial set for Adrian man
Monday, April 4, 2011
Not a Wonderful Life: The Effects of Aggressive Foreclosure
gapersblock.com - Apr 04 2011
Zabrina WorthyZabrina Worthy frets when she talks about losing her house. She never saw how it could happen to her the way it did. Her voice cracked with tears at the first words she spoke to me, over the telephone: "I completely lost everything I had." When they boarded her house, she didn't just lose her home. Her computer, her furniture, her business — all the things she and her three children owned — were locked inside.
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Not a Wonderful Life: The Effects of Aggressive Foreclosure
Zabrina WorthyZabrina Worthy frets when she talks about losing her house. She never saw how it could happen to her the way it did. Her voice cracked with tears at the first words she spoke to me, over the telephone: "I completely lost everything I had." When they boarded her house, she didn't just lose her home. Her computer, her furniture, her business — all the things she and her three children owned — were locked inside.
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Not a Wonderful Life: The Effects of Aggressive Foreclosure
Monday, March 28, 2011
Judge rules Michael Jackson's business manager must testify
By Alan Duke, CNN - March 28, 2011
Los Angeles (CNN) -- Michael Jackson's former business manager, Tohme Tohme, must testify in the trial of Dr. Conrad Murray, who is accused in Jackson's death, a judge ruled Monday.
Tohme's attorneys argued their client was not properly served the subpoena, but a process server testified she handed it to Tohme at his home March 3. A used car dealer testified Monday that he was with Tohme at an auto auction at the time.
"I am satisfied there was service in this case," said Los Angeles Superior Court Judge Michael Pastor after hearing both witnesses.
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Judge rules Michael Jackson's business manager must testify
Los Angeles (CNN) -- Michael Jackson's former business manager, Tohme Tohme, must testify in the trial of Dr. Conrad Murray, who is accused in Jackson's death, a judge ruled Monday.
Tohme's attorneys argued their client was not properly served the subpoena, but a process server testified she handed it to Tohme at his home March 3. A used car dealer testified Monday that he was with Tohme at an auto auction at the time.
"I am satisfied there was service in this case," said Los Angeles Superior Court Judge Michael Pastor after hearing both witnesses.
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Judge rules Michael Jackson's business manager must testify
Monday, March 21, 2011
Forster & Garbus, Others Face FDCPA Review
Monday, March 21, 2011
www.northcountrygazette.org
Victims of debt collection firms like Forster & Garbus of Farmingdale and Commack will now be able to report violations of the Fair Debt Collection Practices Act to a new federal agency created by the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted last July.
As of July 21 this year, the new federal agency, the Consumer Financial Protection Bureau (CFPB), will have the authority to issue rules under the FDCPA governing debt collection practices.
Both the Federal Trade Commission and the CFPB will have the power to enforce the FDCPA and any rules issued under it.
The CFPB will prepare annual reports to Congress on the administration of the FDCPA.
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Forster & Garbus, Others Face FDCPA Review
www.northcountrygazette.org
Victims of debt collection firms like Forster & Garbus of Farmingdale and Commack will now be able to report violations of the Fair Debt Collection Practices Act to a new federal agency created by the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted last July.
As of July 21 this year, the new federal agency, the Consumer Financial Protection Bureau (CFPB), will have the authority to issue rules under the FDCPA governing debt collection practices.
Both the Federal Trade Commission and the CFPB will have the power to enforce the FDCPA and any rules issued under it.
The CFPB will prepare annual reports to Congress on the administration of the FDCPA.
Read the rest of the story:
Forster & Garbus, Others Face FDCPA Review
Tuesday, March 15, 2011
Restaurant Owner Summoned Before Judge In Sex Harassment Case
By Lance Hernandez, 7NEWS Reporter - March 13, 2011
Failure To Answer Could Mean Default Judgement For Server
DENVER -- The primary owner of The Original Pancake House in Boulder has been summoned to appear before an Administrative Law Judge on May 31st to determine whether he violated the law before and after he fired a server who alleges that she was subjected to frequent sexual harassment.
In a news release issued Friday, Steven Chavez, Director of the Civil Rights Division of the Department of Regulatory Agencies said, “The most important issue here is that despite long-standing laws and public policies against sexual harassment, many employees still endure hostile workplaces based upon gender in Colorado. DORA’s Civil Rights Division is committed to ensuring that all Coloradans may live and work free of such discriminatory treatment.”
Restaurant Owner Summoned Before Judge In Sex Harassment Case
Failure To Answer Could Mean Default Judgement For Server
DENVER -- The primary owner of The Original Pancake House in Boulder has been summoned to appear before an Administrative Law Judge on May 31st to determine whether he violated the law before and after he fired a server who alleges that she was subjected to frequent sexual harassment.
In a news release issued Friday, Steven Chavez, Director of the Civil Rights Division of the Department of Regulatory Agencies said, “The most important issue here is that despite long-standing laws and public policies against sexual harassment, many employees still endure hostile workplaces based upon gender in Colorado. DORA’s Civil Rights Division is committed to ensuring that all Coloradans may live and work free of such discriminatory treatment.”
Restaurant Owner Summoned Before Judge In Sex Harassment Case
Saturday, March 5, 2011
Instructions for Filing a Small Claims Case in Denver, Colorado
By Maya Simone, eHow Contributor
The city of Denver is located in Denver County. The local, Lindsey-Flanigan county courthouse handles all small claims cases. The court will only hear cases in which the damages being sought is under $7,500. Plaintiffs seeking more damages will need to file a claim with the district court; the claim will no longer be considered a small claims issue. You have the option of hiring an attorney to represent you in small claims court, but it is not necessary or typical.
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Instructions for Filing a Small Claims Case in Denver, Colorado
The city of Denver is located in Denver County. The local, Lindsey-Flanigan county courthouse handles all small claims cases. The court will only hear cases in which the damages being sought is under $7,500. Plaintiffs seeking more damages will need to file a claim with the district court; the claim will no longer be considered a small claims issue. You have the option of hiring an attorney to represent you in small claims court, but it is not necessary or typical.
Read the rest of the story:
Instructions for Filing a Small Claims Case in Denver, Colorado
Campaign debts dogging Lowden
Campaign debts dogging Lowden
Norm Clarke, Vegas Confidential - Mar. 4, 2011
A month after a process server tracked down Sue Lowden during a Las Vegas deposition, the former Republican front-runner for the 2010 U.S. Senate nomination is claiming in court documents that she can't pay her campaign debts.
She has been paying off campaign bills at a "substantially reduced amount" because she has "limited resources at this time," according to her attorney in Colorado, where she was sued by a GOP media services firm.
The legal battle began last fall when Lowden's lead polling company, Denver-based Vitale & Associates, filed a lawsuit in Denver District Court seeking almost $78,000.
Campaign debts dogging Lowden
Norm Clarke, Vegas Confidential - Mar. 4, 2011
A month after a process server tracked down Sue Lowden during a Las Vegas deposition, the former Republican front-runner for the 2010 U.S. Senate nomination is claiming in court documents that she can't pay her campaign debts.
She has been paying off campaign bills at a "substantially reduced amount" because she has "limited resources at this time," according to her attorney in Colorado, where she was sued by a GOP media services firm.
The legal battle began last fall when Lowden's lead polling company, Denver-based Vitale & Associates, filed a lawsuit in Denver District Court seeking almost $78,000.
Campaign debts dogging Lowden
Friday, March 4, 2011
He wasn't so hard to find, after all
Scott Rochfort - www.smh.com.au
March 4, 2011
Achilles heel ..."Big Al" Constantinidis doesn't escape notice.
A four-year-old tax bill has finally caught up with the former pig industry and turf farm figure Achilles ''Big Al'' Constantinidis.
The federal magistrate Kenneth Raphael has ordered that a sequestration order be made against Big Al, who he described as a ''large gentleman'' that no one ''would likely forget''.
The order was made after Paul Keating's former business associate was served a bankruptcy notice over a $304,176.51 debt to the taxman.
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The bill stemmed from a court ruling against Constantinidis in December 2006. The Tax Office moved things along in August 2009 by requesting a bankruptcy notice be issued over the bill. That was followed by an extension for the service of the notice that dragged the process well into last year.
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He wasn't so hard to find, after all
March 4, 2011
Achilles heel ..."Big Al" Constantinidis doesn't escape notice.
A four-year-old tax bill has finally caught up with the former pig industry and turf farm figure Achilles ''Big Al'' Constantinidis.
The federal magistrate Kenneth Raphael has ordered that a sequestration order be made against Big Al, who he described as a ''large gentleman'' that no one ''would likely forget''.
The order was made after Paul Keating's former business associate was served a bankruptcy notice over a $304,176.51 debt to the taxman.
Advertisement.
The bill stemmed from a court ruling against Constantinidis in December 2006. The Tax Office moved things along in August 2009 by requesting a bankruptcy notice be issued over the bill. That was followed by an extension for the service of the notice that dragged the process well into last year.
Read the rest of the story:
He wasn't so hard to find, after all
Friday, January 28, 2011
Southwest Florida process server board dissolved
Judge decides its work will go to staff
By DICK HOGAN • dhogan@news-press.com • January 28, 2011
The chief judge of Southwest Florida’s judicial circuit has dissolved the civilian advisory board that reviewed certification for private process servers.
Chief Judge G. Keith Cary issued an administrative order Wednesday saying that, from now on, court administrators will handle the work previously done by the 20th Circuit Certified Process Server Review Board.
The board formed three years ago when Lee County Sheriff Mike Scott decided to stop his certification program for the process servers, whose job is to find people and present them with court papers, such as a notice of a foreclosure lawsuit.
Under Florida law, sheriffs and chief circuit judges have the authority to set up a certification program.
Cary said he established the board because he didn’t have the staff to run the program at that time.
Process server Ernie Averill, who was chairman of the board, said he has no objection to the change.
“It’s a lot of work,” he said, and with 125 process servers to keep track of, “It’s the size now where a professional paid staff should do it.”
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Southwest Florida process server board dissolved
By DICK HOGAN • dhogan@news-press.com • January 28, 2011
The chief judge of Southwest Florida’s judicial circuit has dissolved the civilian advisory board that reviewed certification for private process servers.
Chief Judge G. Keith Cary issued an administrative order Wednesday saying that, from now on, court administrators will handle the work previously done by the 20th Circuit Certified Process Server Review Board.
The board formed three years ago when Lee County Sheriff Mike Scott decided to stop his certification program for the process servers, whose job is to find people and present them with court papers, such as a notice of a foreclosure lawsuit.
Under Florida law, sheriffs and chief circuit judges have the authority to set up a certification program.
Cary said he established the board because he didn’t have the staff to run the program at that time.
Process server Ernie Averill, who was chairman of the board, said he has no objection to the change.
“It’s a lot of work,” he said, and with 125 process servers to keep track of, “It’s the size now where a professional paid staff should do it.”
Read the rest of the story:
Southwest Florida process server board dissolved
Thursday, January 27, 2011
National Process Servers Association Unveils National Education Campaign
Marketwire - Jan 27, 2011
NAPPS Plays Critical Role in Protecting Citizens' Rights, Access to Legal System
PORTLAND, OR--(Marketwire - January 27, 2011) - Process servers have never been busier than during these challenging economic times dealing with a rising number of collections, foreclosures and other legal matters.
With this increased activity as a backdrop, the National Association of Professional Process Servers (NAPPS) is embarking on a national education campaign to promote process servers and highlight their role as an independent third party that delivers legal notices to parties and witnesses in legal actions, ensuring that individuals have the ability to exercise their right to due process and have access to the legal system.
"Very few people really know what we do, and the few who do often are misinformed and have an inaccurate perception of what a professional process server actually does," said NAPPS Board President Jeff Bannister. "NAPPS feels very strongly that our role is critical in a functioning legal system. We ensure people's right to access and being heard."
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National Process Servers Association Unveils National Education Campaign
Monday, January 24, 2011
Process server charged
Daily Telegram - 1/24/11
A 33-year-old Adrian man is accused of falsely claiming he served legal papers for civil lawsuits in Lenawee County District Court on four people while working last year as a process server. William Eugene Millner was arraigned Monday on felony perjury counts that carry a maximum five-year prison term.
Millner is charged with falsely testifying at a hearing in district court on Oct. 22 that he personally served an Adrian man who was being sued by a bank. He is also accused of falsely signing notarized documents claiming he personally served that man and three other people with lawsuit summons and complaints during July.
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Process server charged
A 33-year-old Adrian man is accused of falsely claiming he served legal papers for civil lawsuits in Lenawee County District Court on four people while working last year as a process server. William Eugene Millner was arraigned Monday on felony perjury counts that carry a maximum five-year prison term.
Millner is charged with falsely testifying at a hearing in district court on Oct. 22 that he personally served an Adrian man who was being sued by a bank. He is also accused of falsely signing notarized documents claiming he personally served that man and three other people with lawsuit summons and complaints during July.
Read the rest of the story:
Process server charged
Friday, January 21, 2011
Double murder accused named
By Jared Savage - NZ Herald - Friday Jan 21, 2011
The identity of a man accused of two murders in a $2 million mansion can now be revealed.
Name suppression for Chen Qi Wang was lifted at midday today after he appeared in Auckland District Court on Monday charged with the murders of two men in the Auckland suburb of Mt Albert.
Zhuo "Michael" Wu, 44, and Yishan "Tom" Zhong, 53, were found dead at the Stilwell Rd property last Friday.
The 51-year-old Wang did not seek bail and was remanded in custody until his next court appearance on February 7.
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Double murder accused named
The identity of a man accused of two murders in a $2 million mansion can now be revealed.
Name suppression for Chen Qi Wang was lifted at midday today after he appeared in Auckland District Court on Monday charged with the murders of two men in the Auckland suburb of Mt Albert.
Zhuo "Michael" Wu, 44, and Yishan "Tom" Zhong, 53, were found dead at the Stilwell Rd property last Friday.
The 51-year-old Wang did not seek bail and was remanded in custody until his next court appearance on February 7.
Read the rest of the story:
Double murder accused named
Tuesday, January 11, 2011
Dirty Debt Collectors Sued Under RICO Act
Ben Popken on January 11, 2011 - The Consumerist
A judge has set an interesting precedent, allowing a pack of skeevy debt collectors get sued under the RICO act, the Racketeer Influenced Corrupt Organization law.
The RICO act allows for increased criminal penalties and civil action against members and entities working together in a criminal enterprise. It was created to prosecute the Mafia but has been expanded to be used against the Hells Angels, Major League Baseball, and health insurance.
In this case a debt-purchasing company, law firm and process-serving company are accused of working together to snag borrowers with "sewer service." This is where the process servers tell the courts they've given notice to the clients, but actually haven't. Because that would give them more of a chance to fight back.
Since the clients usually don't show up, it's easy to get default judgments against them.
Read the rest of the story:
Dirty Debt Collectors Sued Under RICO Act
A judge has set an interesting precedent, allowing a pack of skeevy debt collectors get sued under the RICO act, the Racketeer Influenced Corrupt Organization law.
The RICO act allows for increased criminal penalties and civil action against members and entities working together in a criminal enterprise. It was created to prosecute the Mafia but has been expanded to be used against the Hells Angels, Major League Baseball, and health insurance.
In this case a debt-purchasing company, law firm and process-serving company are accused of working together to snag borrowers with "sewer service." This is where the process servers tell the courts they've given notice to the clients, but actually haven't. Because that would give them more of a chance to fight back.
Since the clients usually don't show up, it's easy to get default judgments against them.
Read the rest of the story:
Dirty Debt Collectors Sued Under RICO Act
Thursday, January 6, 2011
Federal judge allows class action lawsuit against law firm accused of 'sewer service'
By IBTimes Reporter | January 6, 2011 10:59 AM EST
A federal judge in New York has okayed a class action lawsuit that accuses Leucadia National Corp., a financial services firm, the debt-collection law firm Mel S. Harris & Associates, and a Brooklyn-based process serving agency Samserv Inc., of a racketeering scheme that allowed them to fraudulently secure default judgments in New York courts against unwitting consumers around the country.
In a ruling issued Dec. 29, U.S. District Judge Denny Chin said the plaintiffs can go ahead with claims that they were the victims of a 'sewer service' scheme allegedly perpetrated by Leucadia and Mel Harris.
The so-called 'sewer service' refers to a practice of throwing debt-collection and other service papers in the sewers near the home of debtors and obtaining a default judgment from the court by filing a phony affidavit attesting to service.
The lawsuit, filed on behalf of up to 100,000 borrowers, claims Leucadia purchased 'portfolios' of defaulted debts for pennies on the dollar and then attempted to collect the full face value of the debts for themselves.
Read the rest of the story:
Federal judge allows class action lawsuit against law firm accused of 'sewer service'
A federal judge in New York has okayed a class action lawsuit that accuses Leucadia National Corp., a financial services firm, the debt-collection law firm Mel S. Harris & Associates, and a Brooklyn-based process serving agency Samserv Inc., of a racketeering scheme that allowed them to fraudulently secure default judgments in New York courts against unwitting consumers around the country.
In a ruling issued Dec. 29, U.S. District Judge Denny Chin said the plaintiffs can go ahead with claims that they were the victims of a 'sewer service' scheme allegedly perpetrated by Leucadia and Mel Harris.
The so-called 'sewer service' refers to a practice of throwing debt-collection and other service papers in the sewers near the home of debtors and obtaining a default judgment from the court by filing a phony affidavit attesting to service.
The lawsuit, filed on behalf of up to 100,000 borrowers, claims Leucadia purchased 'portfolios' of defaulted debts for pennies on the dollar and then attempted to collect the full face value of the debts for themselves.
Read the rest of the story:
Federal judge allows class action lawsuit against law firm accused of 'sewer service'
Most Charges Upheld in Debt Collector Fraud Suit
By NICK MCCANN - Courthouse News - January 6, 2011
A class action against a debt purchaser, law firm and process-service company, which allegedly conspired to obtain millions of dollars in default judgments through "sewer service," can proceed to trial after a federal judge in New York upheld most of the claims.
The plaintiffs claim that the law firm Mel S. Harris & Associates obtained default judgments against them for failure to answer collections complaints, but the alleged debtors say they never knew about the court dates because they were not served with summons and complaints as required by law.
So-called "sewer service" refers to process servers who file affidavits in court purporting to have delivered court papers, but have actually thrown the documents into sewers outside the debtor's home. Among companies that only pay process servers for completed service, employees rely on sewer service to get paid, the class claims.
The debt-purchasing company Leucadia National and shell companies L-Credit and LR Credit filed over 100,000 consumer debt collection actions since 2006 in New York City civil court. The class action claims the Mel S. Harris & Associates law firm represented Leucadia 99 percent of the time, and Leucadia regularly hired the Samserv process-serving agency.
U.S. District Judge Denny Chin noted from the complaint that a single Mel Harris employee named Todd Fabacher signed 40,000 affidavits claiming the debt claims were accurate.
Read the rest of the story:
Most Charges Upheld in Debt Collector Fraud Suit
A class action against a debt purchaser, law firm and process-service company, which allegedly conspired to obtain millions of dollars in default judgments through "sewer service," can proceed to trial after a federal judge in New York upheld most of the claims.
The plaintiffs claim that the law firm Mel S. Harris & Associates obtained default judgments against them for failure to answer collections complaints, but the alleged debtors say they never knew about the court dates because they were not served with summons and complaints as required by law.
So-called "sewer service" refers to process servers who file affidavits in court purporting to have delivered court papers, but have actually thrown the documents into sewers outside the debtor's home. Among companies that only pay process servers for completed service, employees rely on sewer service to get paid, the class claims.
The debt-purchasing company Leucadia National and shell companies L-Credit and LR Credit filed over 100,000 consumer debt collection actions since 2006 in New York City civil court. The class action claims the Mel S. Harris & Associates law firm represented Leucadia 99 percent of the time, and Leucadia regularly hired the Samserv process-serving agency.
U.S. District Judge Denny Chin noted from the complaint that a single Mel Harris employee named Todd Fabacher signed 40,000 affidavits claiming the debt claims were accurate.
Read the rest of the story:
Most Charges Upheld in Debt Collector Fraud Suit
Tuesday, January 4, 2011
A Lawsuit That Dirty Debt Collectors Should Be Worried About
By ABIGAIL FIELD - 01/04/11 - Daily Finance
Federal Circuit Court Judge Denny Chin just issued an opinion in a consumer class action case that should send chills down the spines of debt collectors, perhaps including foreclosure-mill law firms and their process servers, nationwide.
Judge Chin decided that plaintiffs alleged enough information about the debt collectors in this case -- a law firm, a process-serving company and a debt-buying company -- to sue them for being a criminal enterprise under the Racketeer Influenced Corrupt Organization (RICO) law. Judge Chin also allowed claims under the Fair Debt Collection Practices Act.
Why should other companies in and related to the debt-collection business be so nervous?
Well, Monique Sykes and the other plaintiffs claim that the defendants' business model is as follows:
- Buy debt with little documentation that the debt is accurate.
- File lawsuits claiming personal knowledge of the debt but using robo-signed affidavits instead.
- Deliberately fail to tell the "debtor" that the lawsuit is pending (a practice called "sewer service").
- Get a "default" judgment against the debtor when she fails to show up in court to defend herself.
- Enforce the judgment, including by freezing the debtor's bank account.
And remember, JPMorgan Chase (JPM) whistle-blower Linda Almonte said Chase's records about its customers' debts were often false, and that executives routinely robo-signed debt-related documents. Also, the The New York Times has more generally reported that inaccurate debt records and robo-signed documents are common. Similarly, sewer service is a common enough practice to have a name. So it's hard to imagine that the three businesses at the center of this case are the only ones that have this business model and thus are vulnerable to RICO charges.
Read the rest of the story:
A Lawsuit That Dirty Debt Collectors Should Be Worried About
Federal Circuit Court Judge Denny Chin just issued an opinion in a consumer class action case that should send chills down the spines of debt collectors, perhaps including foreclosure-mill law firms and their process servers, nationwide.
Judge Chin decided that plaintiffs alleged enough information about the debt collectors in this case -- a law firm, a process-serving company and a debt-buying company -- to sue them for being a criminal enterprise under the Racketeer Influenced Corrupt Organization (RICO) law. Judge Chin also allowed claims under the Fair Debt Collection Practices Act.
Why should other companies in and related to the debt-collection business be so nervous?
Well, Monique Sykes and the other plaintiffs claim that the defendants' business model is as follows:
- Buy debt with little documentation that the debt is accurate.
- File lawsuits claiming personal knowledge of the debt but using robo-signed affidavits instead.
- Deliberately fail to tell the "debtor" that the lawsuit is pending (a practice called "sewer service").
- Get a "default" judgment against the debtor when she fails to show up in court to defend herself.
- Enforce the judgment, including by freezing the debtor's bank account.
And remember, JPMorgan Chase (JPM) whistle-blower Linda Almonte said Chase's records about its customers' debts were often false, and that executives routinely robo-signed debt-related documents. Also, the The New York Times has more generally reported that inaccurate debt records and robo-signed documents are common. Similarly, sewer service is a common enough practice to have a name. So it's hard to imagine that the three businesses at the center of this case are the only ones that have this business model and thus are vulnerable to RICO charges.
Read the rest of the story:
A Lawsuit That Dirty Debt Collectors Should Be Worried About
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