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
Friday, January 28, 2011
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.
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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.
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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.
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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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