Sunday, April 8, 2012

Process Server Kathy Stevenson talks about being assaulted

Kim Palaferri - Auburn Journal - 4/8/12

Kathy Stevenson, a process server from Auburn, shared her side of the story on Friday about an alledged assault by Nicolas Stenberg,of Auburn, after she tried to serve his girlfriend with an eviction notice Wednesday. Behind her sunglasses are a black eye and cuts and bruises, which she said Stenberg inflicted with an air soft gun and rocks.

An Auburn process server says she plans on returning to work next week after being allegedly assaulted by a man who she had previously served with eviction papers.

Nicolas Mark Stenberg, 30, of Auburn, allegedly shot her with an air soft gun, pelted her with rocks, smashed her car window and smeared mud on her face Wednesday morning when she tried to serve his girlfriend with her set of the eviction papers at a home on the 10000 block of Mt. Vernon Road in Auburn.

On Wednesday he was arrested by the Placer County Sheriff’s Office and charged with assault with a deadly weapon.

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Process Server Kathy Stevenson talks about being assaulted

Thursday, April 5, 2012

Deputies: Man Attacked Process Server with Air Rifle, Mud

FOX40 News - April 5, 2012

Placer County Sheriff's deputies say a man threw mud in the face of a process server and shot her more than 20 times when she tried to serve eviction papers.

Deputies arrived at the home of 30-year-old Nicolas Stenberg after his girlfriend said he was "maced" for unknown reasons. Around the same time, dispatch received a call about a woman being assaulted at that same address.

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Deputies: Man Attacked Process Server with Air Rifle, Mud

Auburn man arrested for assaulting female process server

Nicolas Mark Stenberg - 4/5/12 - Auburn California Journal

Victim was shot at, had mud smeared on face

An Auburn man allegedly shot, threw rocks and smeared a female process server's face with mud Wednesday when she tried to serve eviction notice papers to his girlfriend.

Nicolas Mark Stenberg, 30, was arrested on charges of assault with a deadly weapon and vandalism. He has since posted bond for his $25,000 bail.

At 9:26 a.m. Wednesday, Stenberg's girlfriend called 911 to report that a woman had come to their Mount Vernon Road home and allegedly "maced her boyfriend." Responding deputies found Stenberg there with red, watery eyes, consistent with exposure to pepper spray. Firefighters responded to the home and treated him.

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http://www.blogger.com/img/blank.gifAuburn man arrested for assaulting female process server

Tuesday, April 3, 2012

Couple found shot to death in Utica home

Clarion Ledger - Apr. 3, 2012

A man and woman in their 50’s have been found shot to death in their home in Utica, according to a Hinds County Sheriff’s Department spokesman.

Officials are still searching for the next of kin, so names have not been released. The man is 56 years old, and the woman is 51, said Capt. Joe Daughtry.

A process server told authorities he went to the home at 4812 Mississippi 27 this afternoon around 1 p.m. to serve a paper. He saw a car in the driveway and looked in a window to see if the couple was home.

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Couple found shot to death in Utica home

Sunday, April 1, 2012

Dishonest Process Servers: A Mass Problem We Solve One Client At A Time

The Fullman Firm - Apr 01, 2012

In the first three months of 2012 our little firm has obtained vacation (reversal) of nine default judgments based on lack of notice. Many of these nine clients had been suffering from wage garnishments and bank levies, which were stopped due to our efforts. I spoke to four more victims of this practice yesterday. We are only one law firm. For every one person we help there must be a dozen who seek help from other firms and a hundred more who don’t seek help and suffer from wage garnishments and bank levies, or pay unreasonable settlements under threat of these collection practices.

Now let’s take a moment to cover how this whole “service of process” system works. I am repeatedly asked during our free consult calls whether the dishonest process server falsified the caller’s signature in order to accomplish the fraud. The answer is “no”, because THE PROCESS SERVER IS NOT REQUIRED TO GET YOUR SIGNATURE ON ANYTHING. Let’s meet the cast of characters in this little vignette.

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Dishonest Process Servers: A Mass Problem We Solve One Client At A Time

Tuesday, March 27, 2012

School's Lawsuit Released Before School Trustee Served With Papers

Robin Traum - March 27, 2012 - New City Patch

School board member has not yet received legal papers.

The attorney for Clarkstown teacher Cathy Malgieri filed a lawsuit against Clarkstown School Board Member Donna Ehrenberg on Friday in Rockland County Supreme Court and the papers were released Monday but as of mid afternoon Tuesday Ehrenberg had not been served.

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School's Lawsuit Released Before School Trustee Served With Papers

Process Server Said Owners Sent Dog To Attack Her

Willard Shepard - Mar 27, 2012 - NBC Miami

The homeowners deny the claim and said they do not know what legal action to expect.

A process server who delivers court papers to Broward homes said she was bitten and bruised by a dog after its owners sent it to attack.

“The only thing I recall is doing this to protect my face,” said Yindra Lopez. “The dogs kept biting over here and over here and they were not stopping the dogs.”

Lopez said she was attacked by a 200-pound Bull Mastiff named Riley, who she said bit her on her arms and upper legs.

“I noticed that my arms started bleeding,” Lopez said. “I take the phone and I called 911.”

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Process Server Said Owners Sent Dog To Attack Her

Monday, March 26, 2012

Motion to substitute service granted in officer's injury suit

David Yates - 3/26/12 - The Southeast Texas Record

Because she allegedly refused to open the door, a Beaumont judge is allowing a process server to tack a lawsuit to defendant Brandy Plair's front door.

As previously reported, Waysie Jensen, an officer with the Beaumont Police Department, filed suit against Royale and Brandy Plair on Dec. 30 in Jefferson County District Court, alleging Royale Plair struck his vehicle twice while fleeing a domestic disturbance scene.

Court records show that on Jan. 24 a motion for substitute service was filed, stating that Brandy repeatedly refused to answer her door for the process server, even though there were clear signs she was home.

That same day, Judge Donald Floyd, 172nd District Court, granted the motion, granted the process server permission to tack the plaintiff's petition on Brandy's door or leave it with an adult over the age of 16.

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Motion to substitute service granted in officer's injury suit

Thursday, March 22, 2012

Assembly Candidate Julio Perez Did Not Lie About Residency

Voice of OC - March 22, 2012

State Assembly candidate Julio Perez lives at the Santa Ana address he listed on his campaign filing, and he said Thursday he was treated unfairly by The Orange County Register, which first published a process server's statement that Perez does not live at the North Baker Street address.

“I’ve lived here since June 2010,” said Perez, who is disputing a sworn affidavit by a process server saying he does not live at the address where he is registered to vote and is within the boundaries of the 69th Assembly District, where he is seeking election.

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Assembly Candidate Julio Perez Did Not Lie About Residency

Wednesday, March 21, 2012

Assembly Candidate Accused of Lying About Santa Ana Residency

Voice of OC - March 21, 2012

A process server has alleged that Julio Perez, candidate for the 69th Assembly District, doesn't live at the Santa Ana address listed on his candidacy filings, the Orange County Register reported Wednesday.

When the server arrived at the residence on N. Baker Street, Yolanda Estrada answered and said that Perez doesn't live there, according to the Register. A neighbor also said he had never heard of Perez.

Allegations against elected officials and candidates lying about their residency, a criminal offense, are common, but documentation to prove such allegations is rare.

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Assembly Candidate Accused of Lying About Santa Ana Residency

Tuesday, March 20, 2012

Challenging Service of Process

Mark Stopa - March 20th, 2012 - Stopa Law Firm

A basic element of any lawsuit, including a foreclosure lawsuit, is a plaintiff’s obligation to effectuate service of process on a defendant. Service of process is a fundamental tenant of a defendant’s right to due process, as it ensures a defendant knows about a lawsuit and is given an opportunity to defend.

One of the things I enjoy most about foreclosure defense is challenging service of process when I believe it to be insufficient. When is that? Well, in my experience, bona-fide challenges to service of process invariably arise when the plaintiff tries to effectuate service by publication.

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http://www.blogger.com/img/blank.gifChallenging Service of Process

Monday, March 19, 2012

'The Good Wife' recap: Reunited and it feels so good

LA Times Entertainment - March 19, 2012

I'd like to begin this week's recap by raising a (metaphorical) glass in honor of Diane Lockhart, the biggest player east of the Mississippi. And all this time I thought Kalinda was the office heartbreaker.

In recent weeks, I've grumbled a bit about the lack of an overarching narrative this season on "The Good Wife," but on the bright side, that's allowed the writers to spend more time with characters such as Will and Diane. This week marks the return of not one but two of Diane's paramours -- rugged process server Jack Copeland and equally rugged ballistics expert Kurt McVeigh. After Jack stands her up for a date, Diane impulsively calls up old flame Kurt, then surprises him by stopping by unannounced at his manly wilderness homestead. When we last saw Kurt, the gun-toting Sarah Palin enthusiast, Diane was defending him in a wrongful-conviction case. The attraction between them was still potent, but Diane had too much going on at the office to get distracted by romance.

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'The Good Wife' recap: Reunited and it feels so good

Thursday, March 15, 2012

Mendenhall Mayor Guilty Of Simple Assault

WAPT NEWS - Mar 15, 2012

Womack Ordered To Pay Fine

MENDENHALL, Miss. - Mendenhall Mayor Steve Womack has been found guilty of simple assault, according to Simpson County Justice Court officials.

Womack was accused of attacking process server Donald Rankin earlier this year, the Simpson County sheriff said. Rankin told investigators that when he went to Womack's house, the mayor swore at him and assaulted him.

Womack had denied the accusations.

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http://www.blogger.com/img/blank.gifMendenhall Mayor Guilty Of Simple Assault

Tuesday, March 13, 2012

Political candidate's multimillion dollar foreclosure

9 Investigates - March 13, 2012 - KISSIMMEE, FL

WFTV has found out about a multimillion dollar foreclosure on the property of a state representative candidate.

Matt Falconer has made a name for himself by pitching big cost-cutting for government, but investigative reporter George Spencer found that just last year, one of Falconer's own business ventures fell through.

Nowadays, a "property available" sign sits out front of a Kissimmee strip mall.

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Political candidate's multimillion dollar foreclosure

Thursday, March 8, 2012

Pastor Makes Process Server Sit Outside Home All Night

The Yolanda Adams Morning Show - Mar 8, 2012

According to the attorney for Mr. Jerrod Greer and Jeff Carson, Marilyn Mayse states Pastor Tyrone Gordon has been “dodging service.” What this means is he is not opening the front door of his residence in order to be processed served for these lawsuits.

“I’ve had my process server out there sitting on him all night,” Mayse said, “and he won’t answer the door.”

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Pastor Makes Process Server Sit Outside Home All Night

Tuesday, March 6, 2012

Beware Bogus Process Servers

BBB - Holly Doering– March 6, 2012

They used to just call on the phone and threaten to arrest you. Now scammers are actually posing as process servers and showing up at your place of work and even your home! According to the Internet Crime Complaint Center (IC3), the agency continues to receive complaints from victims of payday loan telephone collection scams.

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Beware Bogus Process Servers

Friday, March 2, 2012

Mombasa Tycoon, Wife Case Takes New Twist

Maureen Mudi - The Star (Nairobi) - March 2, 2012

Businessman Ali Punjani's case took a new twist after his wife accused a Bollywood superstar and model of giving false information to the court on alleged threats to her life. Taurat Suwani, who is demanding Sh4.5 million monthly upkeep from her husband, has filed an affidavit at the Mombasa court, denying the Bollywood actress Kim Sharma's allegations that she abused and threaten her in public.

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Mombasa Tycoon, Wife Case Takes New Twist

Thursday, March 1, 2012

Watch Your Step...Answering Collection Lawsuits

John Skiba - 3/1/2012 - JDSUPRA

I meet with clients on a regular basis that have been sued by a debt buying company on an old credit card debt. If you have had the misfortune of being sued, you know that the process server provides you with a copy of the Complaint and Summons.

In Arizona, you have 20 days from the day you are served with the Complaint and Summons to submit a written response to the court. The written response is called the “Answer”. How you answer a lawsuit can have lasting implications in your collection lawsuit. Because of this, it is important to fully understand the process of answering a lawsuit and what things to avoid.

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Watch Your Step...Answering Collection Lawsuits

Tuesday, February 28, 2012

Organic SEO for an Indiana Process Server and Private Investigator

Aaron Rader - Tuesday, Feb 28, 2012

For an Indiana process server, an increasing need for an online presence exists — as with most businesses. A good majority of individuals start a search for services and products online. Optimizing this opportunity can be fun and challenging.

Aaron M. Rader LLC dba Aaron M. Rader Process Service and Aaron M. Rader Investigations recently registered with National Professional Process Server & P.I. Registry, which is owned by National Professional Process Server Network. It just makes sense to keep the business name in place with sites that specialize in the field of service of process and private investigations. Aaron M. Rader organically approaches Search Engine Optimization (SEO) by taking steps online that simply make sense — steps that any business can take to increase online presence.

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Organic SEO for an Indiana Process Server and Private Investigator

Wednesday, February 22, 2012

The Internet is Your Process Server Now

Minnesota Lawyer - Feb 22, 2012

Process servers began many moons ago as a way to ensure that parties sued or accused received communication of the case and of their rights to due process. Here in the 21st century, technologies are quickly adding and adapting to new ways to communicate. Courts are adapting to this new environment too. Many courts use electronic filing, and parties use email or programs like Lexis File & Serve to send one other pleadings.

And now service of process through the Internet.

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The Internet is Your Process Server Now

FBI: New Twist to Telephone Collection Scam Related to Delinquent Payday Loans

FBI news release - Feb 22, 2012

The Internet Crime Complaint Center continues to receive complaints from victims of payday loan telephone collection scams. As previously reported in December 2010, the typical payday loan scam involves a caller who claims the victim is delinquent on a payday loan and must make payment to avoid legal consequences.

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FBI: New Twist to Telephone Collection Scam Related to Delinquent Payday Loans

Monday, February 20, 2012

Get More Clients With Process Server Introduction Letters

ServeNow Staff - February 20, 2012

Process servers looking to enhance their marketing strategy or those who have recently entered the field might not know what to do to get their companyhttp://www.blogger.com/img/blank.gif name out there. Consider marketing your process serving firm directly to paralegals and legal assistants through introduction letters. Introductory letters are a great opportunity to present yourself and your services to potential clients, and legal assistants and paralegals can be a great source of repeat business.

How you construct your letter can influence how successful it will be. It's important that your letter is organized, properly formatted, well written and specific.

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Get More Clients With Process Server Introduction Letters

Friday, February 10, 2012

Global Service of Process – What You Really Ought To Know

John Smith - 2/10/12 - HelpingArticles.com

Do you need to find an evasive accused in Japan? Coping with a disinclined witness in France? You probably need to discover more on the World Service of Process. Global legal action services need experience and professionalism because it impacts correct service of process on a foreign defendant. The world service of process pertains to delivery of imperative court paperwork which includes summons, beefs, subpoenas, petitions, or other official material to any individual who resides outside the country.

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Global Service of Process – What You Really Ought To Know

Electronic Service of Process

Nissenbaum Law Blog - February 10, 2012

Are Social Networking Sites replacing the Traditional Methods of providing notice of a Lawsuit?

With the advent of technology and massive use of social networking forums, it is only a matter of time before electronic service of process starts replacing the traditional methods of service of process.

Recently, a Judge in Minnesota was faced with the challenge of serving a husband with divorce papers where the wife had not seen her husband in years and had no physical address to serve him. The wife asked the court if she could send the notice by general delivery. According to the Judge, it did not make any sense to use general delivery as it would only result in waste of postage.

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Electronic Service of Process

Wednesday, February 8, 2012

Former Illinois State’s Attorney Given 60-Day Suspension For Dodging Service and Then Pulling Gun on Process Server

JONATHAN TURLEY - February 8, 2012

Former Union County State’s Attorney Allen W. James has been suspended for 60 days after pulling a gun on a process server after dodging prior service. Christopher Dees reported that he identified himself to James who proceeded to point his 380 semi-automatic handgun at him while trying to serve a complaint upon him. James insisted that he did nothing wrong, though he later pleaded guilty to a misdemeanor aggravated assault over the incident.

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Former Illinois State’s Attorney Given 60-Day Suspension For Dodging Service and Then Pulling Gun on Process Server

Tuesday, February 7, 2012

60-Day Suspension Suggested for State’s Attorney Who Pulled Gun on Process Server

Martha Neil - ABA Journal - Posted Feb 7, 2012

EmailPrintReprints A hearing board has recommended a 60-day suspension for an Illinois lawyer, finding that he pulled a loaded semiautomatic handgun on a process server in the parking lot of the Union County Courthouse while serving as the county's elected state's attorney.

Although Allen W. James claimed to have put his hand on the Kel-Tec .380 pistol in fear for his safety when approached by the unknown man on the morning of March 19, 2008, the three-member panel found that James—who had admittedly dodged service of a personal lawsuit at his office and home the previous day—either knew or had a strong suspicion that the man was a process server.

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60-Day Suspension Suggested for State’s Attorney Who Pulled Gun on Process Server

Sunday, February 5, 2012

The garnishment process or ‘How do I get my money'

Gregory T. Douds - Cherokee Tribune - February 05, 2012

The Magistrate Court handles thousands of civil lawsuits each year, most resulting in judgments against one party or the other. One of the most-asked questions we hear from winning parties is, “How do I get my money?”

In today’s struggling economy, we want county citizens to get their money. And while we must remain neutral and cannot give legal advice, the court does have some self-help tools available. One of those tools is a set of forms and instructions we have developed for garnishment proceedings.

A garnishment action is one of the primary tools used to collect unpaid judgments. This court receives an average of 360 new garnishment cases per year, resulting in about 580 disbursals, or payments to judgment creditors, per year.

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The garnishment process or ‘How do I get my money'

Friday, February 3, 2012

GA mother was not properly served with process

Posted Feb.03, 2012 by Cynthia J. Remboldt, Esq. - www.newgafamilylaw.com

Denial of mother’s and maternal grandmother’s motion to dismiss paternal grandparents’ petition for visitation rights or in alternative to transfer case for improper venue, reversed, as mother was not properly served with process , even though she was subject to personal jurisdiction pursuant to Georgia’s long-arm statute; clear and convincing evidence rebutted paternal grandparents’ prima facie case of proper service under long-arm statute based on sheriff’s return of service...

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GA mother was not properly served with process

Tuesday, January 31, 2012

Ozment found in Wyoming

By ROBERT LEE LONG - Community Editor - www.desototimes.com - January 31, 2012

Pardoned killer tries to "run over" investigators

Convicted killer Joseph Ozment was discovered at a motel in Laramie, Wyoming Sunday and was served a summons to appear back in a Mississippi court on Friday.

According to District Attorney John Champion, Ozment attempted to avoid process servers and nearly ran over them in his girlfriend's Mercedes Benz.

"He attempted to run over the two Attorney General's investigators as they attempted to serve him," Champion said.

Champion said Ozment later turned up on foot and denied he had been in the car when it swerved at the process servers.

Any potential charges stemming from endangerment of sworn officers is being put on hold however, in order that Ozment appear in Jackson this Friday without further delay at a hearing convened by Circuit Judge Tomie Green.

Ozment must also stay in daily contact with authorities on his whereabouts, according to a court order issued by Green.

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Ozment found in Wyoming

Wednesday, January 25, 2012

Motorcycle-riding gunmen shot court process server in Zamboanga City

www.zambotimes.com - January 25. 2012

ZAMBOANGA CITY — Motorcycle-riding gunmen shot and critically wounded a court process server in this southern port city on Wednesday, a police official disclosed Wednesday.

Police Station 6 commander Chief Insp. Felixberto Martinez said the incident took place around 6:30 a.m. Wednesday in Barangay Guiwan, 3.4 kilometers east of this city.

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Motorcycle-riding gunmen shot court process server in Zamboanga City

Tuesday, January 17, 2012

Lindsay Lohan Served Again

laist.com - January 17, 2012

Lindsay Lohan continues to behave and meet the terms of her probation stemming from her DUI and necklace theft, but during a probation progress meeting this morning, Lohan faced yet another challenge. The 25-year-old starlet got served by a process server hired by a delusional man who claims Lohan might be a prostitute.

TMZ obtained a copy of the suit filed in L.A. County Superior Court, which is posted online, and describes it as "essentially 12 pages of incomplete, incoherent gibberish" filed by Thomas A. Green, a man who claims to be a former U.S. Marine and to have played a role in the killing of Osama bin Laden.

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Lindsay Lohan Served Again

Monday, January 16, 2012

Process Server Cannot Find O.J. Simpson

William Lewis - Fort Lauderdale City Buzz Examiner - January 16, 2012

Acquitted murderer, convicted felon, former actor, former sportscaster and former All-Star football player O.J. Simpson is losing his south Florida home to foreclosure.

According to Miami-Dade court records, a JP Morgan Chase process server recently attempted to serve foreclosure papers upon Simpson at his Miami home located at 9450 SW 112 Street, Miami, Fla. 33176.

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JP Morgan Chase to Foreclosure Court: Process Server Cannot Find O.J. Simpson

Thursday, January 12, 2012

State claims lawsuit against Cline should be dismissed

BETH VELLIQUETTE - The Herald-Sun - January 12, 2012

DURHAM – A lawsuit filed against Tracey Cline by a man she once prosecuted should be dismissed because the lawsuit is too long, repetitive and includes a large number of implicit assumptions and false premises, according to a motion to strike filed Wednesday in Durham County Civil Superior Court.

The lawsuit filed in September 2011 by Frankie Delano Washington and Frankie Delano Washington, Jr., complained that Cline, Durham police investigators and supervisors, the Durham city manager, the City of Durham and the State of North Carolina, framed him for a 2002 home invasion. Washington was convicted of the violent home invasion in 2007, but the N.C. Court of Appeals overturned the conviction, saying authorities had violated his right to a speedy trial and faulting prosecutors for failure to conduct timely DNA testing on evidence they collected.

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State claims lawsuit against Cline should be dismissed

NY judge: Sloppy service has legal consequences

NEW YORK, Jan 12 (Reuters) – A process server working for a once-prolific foreclosure law firm in upstate New York broke the law by failing to keep any record of papers served in a 2008 foreclosure case, a Long Island judge has ruled, giving defense attorneys a new angle to explore in foreclosure cases as they seek to buy time for their financially beleaguered clients to modify or refinance their mortgages.

Gary Cardi, a former police officer contracted by A&J Process Service — which has offices on the same floor in the same building as the foreclosure firm Steven J. Baum PC — admitted in Nassau County court last October that he didn’t have any record of serving foreclosure papers on Soledad Murillo in 2008. In fact, he told state Supreme Court Justice F. Dana Winslow during an October hearing, he hasn’t kept records of any of the “thousands” of cases he served over the last six years.

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NY judge: Sloppy service has legal consequences

Wednesday, January 11, 2012

MERS seeks punitive damages on six counts

Court House News - Wednesday, January 11, 2012

ATLANTA (CN) - Mortgage Electronic Registration Systems claims William Davidson deceptively incorporated his Mortgage Electronic Registration Systems in Georgia, causing people to believe they had properly served the real MERS by sending notice to Davidson.

MERS seeks punitive damages on six counts, including bad faith, theft by deception, trespass/conversion, deceptive trade and trademark violations.

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MERS seeks punitive damages on six counts

Wednesday, January 4, 2012

DJSP sues David J. Stern alleging fraud in purchase of mortgage processing arm

KERRY CURRY - January 4th, 2012
housingwire.com

DJSP Enterprises, the back-office arm of the Law Offices of David J. Stern, has sued Stern and his law firm, alleging fraud in the 2009 transfer of the mortgage document processing arm out of the firm and into a publicly traded entity.

The lawsuit, filed Tuesday in a Broward County, Fla., state court alleges fraudulent misrepresentations and inducements to get DJSP to buy the nonlegal mortgage operations of the Stern law firm. DJSP notified the Securities and Exchange Commission of the lawsuit Wednesday in a regulatory filing.

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DJSP sues David J. Stern alleging fraud in purchase of mortgage processing arm