Colorado Process Server

Motorcycle-riding gunmen shot court process server in Zamboanga City

2012-01-25T17:45:00.000-07:00

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

Lindsay Lohan Served Again

2012-01-17T17:44:00.001-07:00

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

Process Server Cannot Find O.J. Simpson

2012-01-16T18:02:00.001-07:00

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

State claims lawsuit against Cline should be dismissed

2012-01-12T21:27:00.000-07:00

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

2012-01-12T18:07:00.000-07:00

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

MERS seeks punitive damages on six counts

2012-01-11T21:19:00.000-07:00

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

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

2012-01-04T21:09:00.001-07:00

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

County Executive Vetoes Raises for Sheriff's Deputies

2011-12-29T21:31:00.000-07:00

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.”

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County Executive Vetoes Raises for Sheriff's Deputies

Faces of foreclosure on Long Island

2011-12-29T21:22:00.000-07:00

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.

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Faces of foreclosure on Long Island

Rhode Island judge denies WVU motion to dismiss Big East lawsuit

2011-12-27T20:59:00.001-07:00

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.

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Rhode Island judge denies WVU motion to dismiss Big East lawsuit

C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

2011-12-22T21:24:00.000-07:00

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.

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C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

Clerk Files Motion to Dismiss Nickel Tax Lawsuit

2011-12-21T21:15:00.000-07:00

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.

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Clerk Files Motion to Dismiss Nickel Tax Lawsuit

ESTELA v. CAVALCANTI - quash service of process

2011-12-21T20:54:00.000-07:00

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.

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ESTELA v. CAVALCANTI

Bedard says legal issue didn't distract him

2011-09-21T20:19:00.001-06:00

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

BSY's advance bail plea hangs in balance

2011-08-27T20:45:00.001-06:00

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

Ghana MPs enjoy immunity from service of process and arrest

2011-07-14T20:21:00.002-06:00

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.

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Ghana MPs enjoy immunity from service of process and arrest

Supreme Court limits personal jurisdiction over out-of-state defendants

2011-07-01T20:42:00.000-06:00

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.

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Supreme Court limits personal jurisdiction over out-of-state defendants

Casey Anthony subpoenaed in Zenaida Gonzalez case

2011-06-06T20:08:00.000-06:00

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.

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Casey Anthony subpoenaed in Zenaida Gonzalez case

Florida Couple Threatens Bank With Foreclosure

2011-06-06T19:57:00.001-06:00

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."

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Florida Couple Threatens Bank With Foreclosure

Deceased homeowner served with foreclosure papers

2011-05-23T19:25:00.000-06:00

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.

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Deceased homeowner served with foreclosure papers

Man charged with threatening, assaulting public official

2011-05-20T00:07:00.001-06:00

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.

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Man charged with threatening, assaulting public official

Process servers use social media to find their targets

2011-05-17T23:57:00.000-06:00

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."

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Process servers use social media to find their targets

Jacobs' legislation increases the penalties for assault process servers

2011-05-17T00:06:00.000-06:00

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

5 Steps to Win in Small Claims Court

2011-05-16T00:03:00.000-06:00

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

Adrian process server guilty

2011-05-13T23:58:00.000-06:00

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

Served With Legal Papers on Stage, Mike Epps Goes Ballistic

2011-05-11T23:53:00.000-06:00

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.

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Served With Legal Papers on Stage, Mike Epps Goes Ballistic

Mike Epps Curses Out Process Server For Interrupting His Show

2011-05-10T23:51:00.000-06:00

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).

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Mike Epps Curses Out Process Server For Interrupting His Show

Despite Arizona lawmaker's curbs, cities not slowing down in photo enforcement

2011-05-07T23:48:00.000-06:00

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.

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Despite Arizona lawmaker's curbs, cities not slowing down in photo enforcement

DPD Officer Disciplined In Process Server Case

2011-05-06T23:45:00.000-06:00

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.

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DPD Officer Disciplined In Process Server Case

Perjury case returned to district court

2011-05-05T23:41:00.000-06:00

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.

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Perjury case returned to district court

How to Become a Process Server

2011-04-24T23:39:00.000-06:00

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.

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How to Become a Process Server

Service of Process Whoop-Ti-Do

2011-04-21T23:36:00.000-06:00

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.

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Service of Process Whoop-Ti-Do

Selecting a Good Process Server

2011-04-20T23:30:00.000-06:00

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

Perjury trial set for Adrian man

2011-04-06T23:27:00.000-06:00

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

Not a Wonderful Life: The Effects of Aggressive Foreclosure

2011-04-04T23:26:00.000-06:00

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

Judge rules Michael Jackson's business manager must testify

2011-03-28T23:19:00.000-06:00

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

Forster & Garbus, Others Face FDCPA Review

2011-03-21T23:14:00.000-06:00

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

Restaurant Owner Summoned Before Judge In Sex Harassment Case

2011-03-15T23:12:00.000-06:00

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

Instructions for Filing a Small Claims Case in Denver, Colorado

2011-03-05T23:05:00.000-07:00

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

Campaign debts dogging Lowden

2011-03-05T23:03:00.000-07:00

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

He wasn't so hard to find, after all

2011-03-04T23:00:00.000-07:00

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.
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.

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He wasn't so hard to find, after all

Southwest Florida process server board dissolved

2011-01-28T18:09:00.001-07:00

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

National Process Servers Association Unveils National Education Campaign

2011-01-27T10:27:00.002-07:00

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

Process server charged

2011-01-24T09:39:00.000-07:00

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

Double murder accused named

2011-01-21T10:33:00.000-07:00

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

Dirty Debt Collectors Sued Under RICO Act

2011-01-11T10:39:00.000-07:00

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.

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Dirty Debt Collectors Sued Under RICO Act

Federal judge allows class action lawsuit against law firm accused of 'sewer service'

2011-01-06T10:50:00.000-07:00

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'

Most Charges Upheld in Debt Collector Fraud Suit

2011-01-06T10:44:00.000-07:00

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.

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Most Charges Upheld in Debt Collector Fraud Suit

A Lawsuit That Dirty Debt Collectors Should Be Worried About

2011-01-04T10:55:00.000-07:00

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.

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A Lawsuit That Dirty Debt Collectors Should Be Worried About

Charles D. Sheffer Jr. to be Profiled in Exclusive Registry

2010-12-31T09:59:00.000-07:00

12/31/10 Auto-Mobi.com

Charles D. Sheffer Jr., Owner of Shenandoah Civil Service LLC, has been recognized by Cambridge Who's Who for demonstrating dedication, leadership and excellence in business management.

Mr. Sheffer's successes include earning a bachelor's degree and starting a business in his 40s. With 16 years of professional experience and an expertise in law enforcement, he is the owner of Shenandoah Civil Service LLC. In this role, he is tasked with collecting papers from the court or law offices, typing affidavits, filing court papers, and hand-delivering paperwork to clients. He proccesses papers from all over the United States and enjoys maintaining a thriving business in today's economy. He currently employs two staff members to assist him with his business responsibilities.

A member of the National Association of Professional Process Servers and Equality Virginia, Mr. Sheffer graduated from Old Dominion University in 2007. Previously, he obtained an associate degree in law enforcement from Piedmont Virginia College. Outside of work, he volunteers for the Staunton Augusta Art Center. His future aspirations include continuing the growth of his business, gaining exposure, hiring additional employees and focusing on the business's administrative aspects.

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Charles D. Sheffer Jr. to be Profiled in Exclusive Registry

Substitute service of process ordered for defendant from Russian Federation

2010-12-31T09:57:00.001-07:00

Lexology - 12/31/10

Judges: Rader (author), Newman, Prost

[Appealed from N.D. Cal., Judge White]

In Nuance Communications, Inc. v. Abbyy Software House, No. 10-1100 (Fed. Cir. Nov. 12, 2010), the Federal Circuit reversed the district court’s dismissal of Abbyy Production LLC (“Abbyy Production”) for lack of personal jurisdiction. To allow for additional discovery, the Court also vacated the district court’s dismissal of Abbyy Software, Ltd. (“Abbyy Software”). The Court also reversed the dismissal of the case for improper service of process.

Nuance Communications, Inc. (“Nuance”) originally sued Abbyy USA Software House (“Abbyy USA”) and Lexmark International, Inc. for infringement of its method and system patents directed to optical character recognition, and document recognition and management. Based on responses to interrogatories, Nuance filed an Amended Complaint, adding as defendants Abbyy Software, Abbyy USA’s parent, and Abbyy Production, a wholly owned subsidiary of Abbyy Software and the provider of Abbyy USA’s software products and support. Abbyy Software and Abbyy Production are corporations organized under the laws of Cyprus and Russia, respectively. A local process server served Abbyy Production in Moscow with the Amended Complaint, Amended Summons, and Standing Orders of the Court. The Abbyy defendants then filed a motion to dismiss Abbyy Production and Abbyy Software for lack of personal jurisdiction, and to dismiss Abbyy Production for improper service of process. The district court concluded that the record did not show that Abbyy Production or Abbyy Software purposefully directed any specific activity at residents of California or within the forum state, or that Nuance’s claims arise out of those activities. The district court further concluded that Nuance did not properly serve Abbyy Production in accordance with the Hague Convention. The district court also dismissed the suit against Abbyy Software sua sponte for improper service of process. In its decisions, the district court did not address Nuance’s request for jurisdictional discovery.

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Substitute service of process ordered for defendant from Russian Federation

Judge OK's class-action status for homeowner lawsuit against Florida law firm

2010-12-29T10:15:00.000-07:00

By Christine Stapleton - Palm Beach Post Staff Writer

Wednesday, Dec. 29, 2010

As many as 2,000 homeowners suing the law firm of self-proclaimed foreclosure king David J. Stern over excessive attorney fees and costs won a major victory today when an appeals court blessed the group's class-action status.

"We are very excited," said Louis M. Silber, the West Palm Beach attorney who filed the case in January 2007 — the first class-action lawsuit filed against Stern and his Plantation-based law firm stemming from foreclosure fraud accusations.

In a four-page opinion, the 4th District Court of Appeal upheld the findings of Circuit Judge Thomas H. Barkdull,, who decided the complaints and circumstances of the homeowners were so similar that they would best be handled in a class-action lawsuit.

Members of the class are homeowners who received letters from Stern's firm between Jan. 18, 2003 and Feb. 19 2009 offering to reinstate their loans with Wells Fargo by paying reinstatement charges.

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Judge OK's class-action status for homeowner lawsuit against Florida law firm

Problems with foreclosure notices loom as next flaw in process

2010-12-27T10:20:00.000-07:00

By Kimberly Miller - Palm Beach Post Staff Writer - Monday, Dec. 27, 2010

Improperly served foreclosure notices may be the mortgage industry's next roadblock to repossessing homes.

The Florida attorney general's office is investigating two of the state's largest companies that serve court summonses on homeowners, while at the same time judges are throwing out rulings based on faulty deliveries.

This month, appeals courts in Miami and Palm Beach County sided with homeowners in foreclosures where judges agreed their summonses were not appropriately served.

In the Miami case, the homeowner said she was recovering at her mother's home after surgery when the person serving her the summons swore he personally handed it to her at her residence.

But the server's own notes on the file showed he left the documents at the door after seeing curtains move and assuming someone was home. The homeowner later said she had no knowledge of the foreclosure until a final judgment was entered against her.

"Curtains may move because of the wind or curious cats, and not just because some prospective defendant is attempting to avoid service," the appeals decision noted.

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Problems with foreclosure notices loom as next flaw in process

Boulder woman accused of jury tampering sentenced to 13 years

2010-12-17T18:12:00.000-07:00

Erica Meltzer Camera Staff Writer
Posted: 12/17/2010 11:24:41 AM MST

A Boulder woman who tried to bribe a juror in a weapons case, then attempted to flea to Canada, will serve 13 years in prison.

Darine Chely, 51, pleaded guilty in October to jury tampering, theft and violating a bond condition.

Chely was on trial in April on charges of reckless endangerment and possession of a weapon by a previous offender after police said she fired a bullet into her next-door neighbor's home in 2009. Chely said the gun went off accidentally.

On April 21, according to an arrest affidavit, a juror who was hearing that case found a note offering him $5,000 to acquit Chely.

"Eric, please don't find me guilty," the note said. "I will pay $5,000. I am very frightened. Please don't give this to anyone."

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Boulder woman accused of jury tampering sentenced to 13 years

Darine Chely, Boulder woman accused of jury tampering, pleads guilty

2010-10-09T09:16:00.004-06:00

By Vanessa Miller, Camera staff writer - 10/08/2010

A 51-year-old Boulder woman accused of trying to bribe a juror during her trial in April, then attempting to flee the country, pleaded guilty Friday to jury tampering, theft and violating a bond condition.

Darine Chely could face more than four years in prison when she's sentenced Dec. 17. The jury tampering and bond-violation charges are felonies, and the theft charge is a misdemeanor.

Chely is being held at the Boulder County Jail on a combined $625,000 bond for three separate cases, including another stemming from a February arrest in which she's accused of theft and witness-tampering.

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Darine Chely, Boulder woman accused of jury tampering, pleads guilty

New Developments in Process Server Investigation

2010-08-10T19:09:00.004-06:00

I-Team: New Developments in Process Server Investigation
Posted: Aug 10, 2010

LAS VEGAS -- There are new developments and a new arrest in the ongoing investigation into a process serving company and the court system.

That company, On Scene Mediation, now has two employees under suspicion of falsifying court documents and putting upwards of 20,000 cases at risk. It could cost $150,000 in taxpayer money to sort through the cases involved.

The company owner and employee are accused of saying they served papers but didn't. Maurice Carroll, a former Metro police officer, was running the company out of his North Las Vegas home. He is facing 35 felonies and a court date next week.

Visalia Coleman, one of Carroll's employees, is facing eight charges. She was arrested after a traffic stop on Monday. Metro and the courts say the two and other workers at On Scene Mediation lied on court documents about serving papers.

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I-Team: New Developments in Process Server Investigation

Hearing master may look into process server's case

2010-08-07T10:02:00.000-06:00

By JEFF GERMAN
LAS VEGAS REVIEW-JOURNAL - August 6, 2010

Process server accused of not delivering court papers in debt collection lawsuits

A process serving scandal in Las Vegas Justice Court is so extensive it requires a special hearing master to determine if the rights of thousands of civil case defendants were harmed, court officials said Thursday.

"The number of cases that may be involved is overwhelming," Justice of the Peace Melissa Saragosa said. "The court is very concerned about default judgments that may have been wrongly entered based on fraudulent affidavits. We are still trying to get a handle on the situation to determine how far it extends and what the court may be able to do in response."

Court Executive Officer Steve Grierson said officials plan to ask the county for $60,000 to hire a hearing master, and may need more money if the damage assessment requires additional work.

At the center of the process serving scandal is Maurice Carroll, a 41-year-old former Las Vegas police officer, and his company, On Scene Mediations, which authorities believe has operated without a license since 2003.

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Hearing master may look into process server's case

Arrest Warrant Issued for Process Server

2010-07-30T21:37:00.001-06:00

I-Team: Company May Have Lied About Serving Court Papers
Posted: Jul 30, 2010

LAS VEGAS -- An arrest warrant has been issued for a process server accused of falsifying paperwork in dozens of cases and potentially hundreds more, in what police called a scheme to defraud the courts.

Former Las Vegas Metro police officer Maurice Carroll is wanted by police for 35 counts of perjury, false filing of paperwork and obtaining money under false pretenses. Metro says he said he served people with legal papers, but didn't.

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Arrest Warrant Issued for Process Server

Jury bribing suspect Darine Chely denied lower bond

2010-07-23T09:51:00.002-06:00

By Vanessa Miller, Camera Staff Writer Posted: 07/23/2010

A 51-year-old Boulder woman accused of trying to bribe a juror during her April trial and then attempting to flee the country was denied a lower bond this morning, despite her pleas that she has significant emotional and physical health issues that she needs to treat.

Darine Chely is being held at the Boulder County Jail on a combined $625,000 bond for three separate cases, including one in which she's accused of bribing a juror and another stemming from a February arrest in which she's suspected of theft and witness-tampering charges.

Her attorney, Scott McComas, told a Boulder County District Court judge that Chely has enough equity in her house to meet a lower bond, which she needs to deal with some “pretty serious” emotional health and physical issues.

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Jury bribing suspect Darine Chely denied lower bond

Melissa Etheridge Was Expecting a Call From the Kids, Got Served Instead

2010-07-16T18:46:00.003-06:00

Thu., Jul. 15, 2010 6:03 PM PDT by Natalie Finn
www.eonline.com

A process server didn't come to Melissa Etheridge's window, but his arrival at the door of her hotel room wasn't particularly welcome, either.

"In a ploy to have me served, and mistakenly believing that by serving me I would have to dismiss my Petition, [Tammy Lynn Michaels] used our children as pawns," Etheridge states in a declaration released Thursday in which she describes how she was presented with her ex's petition for sole custody of their 3-year-old twins.

The Grammy and Oscar winner says Michaels told her the kids were going to meet Etheridge at her hotel. "Finally, I received a text message...stating, 'My plans changed, sorry,'" the singer recounts.

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Melissa Etheridge Was Expecting a Call From the Kids, Got Served Instead

Lindsay Lohan -- Nailed With Another Lawsuit

2010-07-07T08:53:00.000-06:00

7/6/2010 10:00 AM PDT by TMZ Staff

Under the category ... "When it rains, it pours" ... Lindsay Lohan was just served with legal papers in a civil lawsuit while she was in the courtroom elevator.

Lindsay was in the elevator at the Bev Hills Courthouse, on her way to Judge Marsha Revel's courtroom at about 8:25 this AM, when a process server working for a company called Tough As Nails attempted to hand Lindsay legal docs.

The process server says Lindsay "freaked out," told people around her to get the guy out of the elevator and away from her. The process server says he attempted to hand Lindsay the papers but she would not take them so he dropped them on the elevator floor, by her feet.

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Lindsay Lohan -- Nailed With Another Lawsuit

Boulder woman suspected of bribing juror waives hearing for possible plea deal

2010-06-22T11:22:00.003-06:00

By Vanessa Miller, Camera staff writer - 06/22/2010

A 51-year-old Boulder woman accused of trying to bribe a juror during her April trial and then attempting to flee the country waived her right for a preliminary hearing on the new charges this morning and set a date in July to enter a plea in Boulder County District Court.

Darine Chely's attorney Megan Ring told a judge that the District Attorney's Office has presented her client with a “detailed offer.”

“We want to keep that option on the table,” Ring said, “so we're waiving the preliminary hearing today.”

Ring mentioned concerns that some of the judges in Boulder County District Court have conflicts of interest involving Chely, who has faced numerous charges in Boulder County dating back more than a decade. Deputy district attorney Michael Foote said two district court judges — Gwyneth Whalen and Maria Berkenkotter — have recused themselves from Chely's case for unknown reasons.

Foote said judges don't have to state a reason for recusing themselves, but common reasons include having dealt with the defendant before.

Judge James Klein heard the case that ended with Chely's alleged suspected jury bribery, and Foote said he doesn't know if Klein will recuse himself too.

Read more: Boulder woman suspected of bribing juror waives hearing for possible plea deal - Boulder Daily Camera http://www.dailycamera.com/news/ci_15349127#ixzz0rbTTVVoL
DailyCamera.com

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Boulder woman suspected of bribing juror waives hearing for possible plea deal

Are You Liable For Your Process Server Under The FDCPA?

2010-06-13T19:13:00.001-06:00

FDCPA Defense Blog - Sunday, June 13, 2010

Consumers often assert FDCPA claims against collectors based upon alleged misstatements or misconduct by process servers while serving a state court summons and complaint. Thus, consumers may claim a process server was rude or abusive at the time of service, causing them to suffer emotional distress, or that a process server made false statements about the debt. These allegations are not sufficient to impose liability on the collector under the FDCPA.

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Liable For Your Process Server Under The FDCPA?

Colorado has tried to serve Douglas Bruce 29 times

2010-05-29T08:02:00.001-06:00

Seeking testimony on financial measures
By Tim Hoover The Denver Post - 05/29/2010

Court-filed notes detail process servers' repeated visits to Douglas Bruce's house. (Diego James Robles, The Denver Post)

COLORADO SPRINGS — The state has tried 29 times since May 4 to serve notice of a court order on anti-tax crusader Douglas Bruce to testify in a campaign-finance case.

But in an e-mail to The Denver Post on Friday, Bruce — the Republican one-session lawmaker best known as the father of the Taxpayer's Bill of Rights — said he'd been out of town since May 5 and had only gotten back Thursday morning.

Still, the state's next step may be to seek contempt of court proceedings against him.

A May 10 court order from Denver District Judge Brian Whitney compelled Bruce to testify in a campaign-finance case aimed at finding out who is behind three initiatives that would slash billions of dollars in state and local taxes and dramatically limit the state's ability to construct new buildings.

Process servers and El Paso County sheriff's deputies have visited Bruce's home early in the day and late in the evening, leaving notices and cards at the door, which were removed when they returned to try again. They've called Bruce but haven't heard back.

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Colorado has tried to serve Douglas Bruce 29 times

Boulder woman accused of bribing juror wanted to 'visit Canada for three weeks'

2010-04-30T01:00:00.000-06:00

Judge revokes bond for Darine Chely
Vanessa Miller - Camera Staff Writer - 04/29/2010

A Boulder woman who was arrested early Wednesday by immigration officers in New York on a Boulder County warrant for skipping town on the last day of her trial and allegedly bribing a juror told authorities that she was going on a three-week vacation to Canada.

Darine Chely, 51, was arrested about 3 a.m. Wednesday when the Greyhound bus she was on was stopped by U.S. Customs and Border Protection officers, whose job it is to check the identity of every passenger, said Gregory Bennett, spokesman for the border protection office. Chely, who had one piece of luggage, told the officers she was planning to visit Canada for three weeks, but they refused her entry after checking her criminal history, Bennett said.

Officers drove her back to the U.S. border, where New York state police officers arrested her on the Boulder County warrant. She's being held at the Clinton County Detention Center in New York, where she is awaiting an extradition hearing, said Boulder County sheriff's Cmdr. Rick Brough.

If Chely doesn't fight her extradition, Boulder County officers have 10 days to pick her up. Otherwise, Boulder County has 90 days to get a governor's warrant for her return to Colorado.

Chely was tried last week on suspicion of firing a bullet from her home into her next-door neighbor's house in 2009. She faced charges of reckless endangerment and possession of a weapon by a previous offender. On April 21, according to an arrest affidavit, a juror who was hearing her case found a note offering him $5,000 to acquit Chely. The note was on paper that matched crumpled paper found by Chely's chair.

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Boulder woman accused of bribing juror wanted to 'visit Canada for three weeks'

Did fugitive defendant try to bribe juror?

2010-04-29T06:45:00.001-06:00

Gabriel Falcon - AC360° Writer - April 26, 2010

Colorado authorities are looking for a woman who allegedly tried to bribe a juror $5,000 to vote 'Not Guilty' at her criminal trial. The fugitive, Darine Chely, 51, is charged with bribery and jury tampering.

“It’s a pretty rare occurrence,” said Catherine Olguin, spokeswoman for the Boulder County District Attorney’s Office. “There are judges who have been here for a couple of decades and have no memory of this occurring in Boulder.”

According to the affidavit supporting the arrest warrant for Chely, the alleged bribery happened last week while the defendant was standing trial on charges of weapons possession and reckless endangerment.

Chely allegedly kept staring at one male juror and said “goodbye” to him on April 20, the affidavit said. The next day, the juror returned from a court recess and found a hand written note on his seat, according to the affidavit. The juror then notified the judge about the note. He was dismissed from the jury.

The affidavit alleged the note was approximately 4” x 6” in size, and appeared to be torn out of a notebook. Published reports said the message on the note read “Please don't find me guilty. I will pay $5,000. I am very frightened. Please don't give this to anyone.”

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Did fugitive defendant try to bribe juror?

Darine Chely Warrant for Arrest

2010-04-29T06:38:00.005-06:00

Here's a PDF of Darine's Warrant for Arrest for bribery and juror tamerping:

Darine Chely Warrant for Arrest

Boulder woman accused of bribing juror arrested as she tries to enter Canada

2010-04-28T19:31:00.003-06:00

Daily Camera - Erica Meltzer - 04/28/2010

A Boulder woman who did not show up to the last day of her trial after being accused of trying to bribe a juror was arrested by immigration officers in New York as she was trying to leave the country and enter Canada, the Boulder County Sheriff's Office said.

Darine Chely was on trial last week for allegedly firing a bullet from her home into her next-door neighbor's house in 2009. She faced charges of reckless endangerment and possession of a weapon by a previous offender.

Last Wednesday, according to an arrest affadavit, a juror found a note offering him $5,000 to acquit Chely. The paper the note was written on matched paper found crumpled by Chely's chair. The juror turned the note in to the judge and was dismissed from the case.

Chely, who was free on $10,000 bond, did not show up for closing arguments in her trial on Thursday. Since then, there has been a warrant out for her arrest on charges of bribing a juror, a class four felony, and jury tampering, a class five felony, as well as failure to appear.

The jury found Chely, 51, guilty on Friday, but she remained at large.

Chely has a lengthy criminal history, involving numerous money, theft and forgery charges in Boulder, Jefferson, Arapahoe, Adams and Eagle counties, according to court record.

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Boulder woman accused of bribing juror arrested as she tries to enter Canada

Affidavit: Woman in Boulder weapons trial tried to bribe juror

2010-04-22T19:26:00.003-06:00

Darine Chely, who didn't show up for closing arguments Thursday morning, allegedly offered $5k for not guilty verdict

By John Aguilar, Daily Camera Staff Writer - 04/22/2010

A Boulder woman on trial this week for allegedly firing a bullet from her home into her next-door neighbor's house offered a juror $5,000 to find her not guilty of a weapons charge, according to an arrest affidavit released Thursday.

Darine Chely, who has been on trial in Boulder District Court for the last two days on a felony charge of being in possession of a weapon by a previous offender, placed a note underneath a notebook belonging to an alternate juror during a recess Wednesday, the affidavit states.

"Eric, please don't find me guilty. I will pay $5,000. I am very frightened. Please don't give this to anyone," Chely allegedly wrote.

The juror, identified in the arrest affidavit as Eric Acord, brought the note to the attention of Boulder District Judge James Klein and was dismissed from the panel.

Chely, who was free on $10,000 bond, failed to appear for closing arguments Thursday morning. She remained at large as of presstime.

She now faces three new felony charges -- bribery, bribing a juror and jury tampering. A new bond of $75,000 was set once she is arrested.

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Woman in Boulder weapons trial tried to bribe juror

Kent County judge blasts Norton Shores man accused of bilking process service clients

2010-02-28T11:16:00.000-07:00

By Heather Lynn Peters | Muskegon Chronicle
February 26, 2010

MUSKEGON -- A judge blasted a longtime Muskegon County process server Thursday for bilking nearly 200 clients out of money over a six-month period.

Robert A. Ostrander Jr. broke into a locked door as part of a court order to seize the property of the Muskegon CBA team, the Michigan Mayhem, at the L.C. Walker Arena Tuesday, June 20, 2006. Ostrander works as part of Ostrander Legal Services LLC.Robert Ostrander, 62, of 6117 Ridgeview, Norton Shores, was sentenced by Kent County Chief 63rd District Judge Sara Smolenski on one count of false pretenses over $200 but less than $1,000, a one-year misdemeanor.

The charge stems from incidents that occurred in 2008. The case was handled by the Kent County Prosecutor's Office and assigned to a Kent County judge because the Muskegon County 60th District Court had used Ostrander's services.

Ostrander, represented by attorney Shawn Davis, was ordered to pay a total of $3,875.66 in restitution and court fines and costs. Of that, $1,275 was what prosecutors say he overcharged 174 individuals and agencies who hired him over that six months.

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Kent County judge blasts Norton Shores man accused of bilking process service clients

Former Employer: Process Server's Record Clean

2010-02-10T11:07:00.002-07:00

Process Server Had Visited Couple Before, Police Say

Fox 5 news - Las Vegas News - February 10, 2010

LAS VEGAS -- A former employer of a man accused of a Las Vegas home invasion shooting spoke out on Wednesday night to set the record straight about the suspect’s past.

Gregory Hover, 40, is accused of killing a man and shooting his wife in the face.

Hover worked as a process server for about six months. Police said they think he was serving papers to possibly case the neighborhood, and then came back later that night to commit the crime.

FOX5 spoke with Hover's employer, Debra Schuff of Junes Legal Service, who said when she found out what happened, she was blind sighted.

“It's not been a very good day," Schuff said.

She said he his on-the-job record was clean.

“He always was a very good server -- never had any concern or issue. I've been doing this a long time. He was licensed by the state," Schuff said.

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Former Employer: Process Server's Record Clean

"Serial suer" Estavillo drops all lawsuits, takes down website

2010-02-02T11:22:00.000-07:00

Lydia Sung - Tuesday, February 2nd, 2010 - Neoseeker

No money, no 15 minutes of fame

You haven't forgotten about ol' Erik Estavillo, have you? Last we heard from this professional/serial suer, he was targeting video game news entities -- talk about biting the hand that feeds. Anyway, we said that we would no longer write about his exploits because of this.

So why are we mentioning his name again? Because Estavillo has announced his decision to drop all lawsuits, against the press and industry.

Apparently, Estavillo's many ailments (OCD, Agoraphobia, Panic Disorder, depression and Crohn's Disease) were finally taking a toll, and he claims his doctors suggested he drop his long list of legal complaints for his own health.

Of course, another major factor is money, which Estavillo was running out of; he could no longer afford the process server fees needed for subpoenaing everyone on the planet, including Bill Gates, Winona Ryder, and Martin Lee Gore (Depeche Mode). Guess his vast life experiences not teach him that legal shenanigans cost lots of money.

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"Serial suer" Estavillo drops all lawsuits, takes down website

Brazilian anchorman Rony Curvelo in tense custody battle with model Maria Vianna over 'legal kidnap'

2010-02-02T11:18:00.000-07:00

BY William Sherman - DAILY NEWS STAFF WRITER - February 2nd 2010

A wealthy Brazilian anchorman is fighting a bitter custody battle with his ex-wife, a gorgeous New York model he says conned a judge into letting her kidnap their daughter.

Rony Curvelo, 45, says it all started with a misfired e-mail.

He somehow sent to his ex, Maria Vianna, a missive that was meant for his news producer back in Sao Paulo asking whether he should go to Haiti to cover the earthquake.

Vianna, 29, took the e-mail to Manhattan Family Court Judge Gloria Sosa-Lintner and told her she feared Curvelo was planning to take 8-year-old Jennifer, who was in New York visiting her mom, with him.

"I wasn't going to Haiti and I'm not going to Haiti. The whole thing is lies for a legal kidnapping, and so far it's working," said Curvelo, who says he has full custody of the fourth-grader.

"I was shocked, stunned. I was at Kennedy Airport Thursday, waiting for Jennifer so we could go back to Brazil, when a process server gave me papers," said Curvelo.

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Brazilian anchorman Rony Curvelo in tense custody battle with model Maria Vianna over 'legal kidnap'

Tardy Smith stalls lawsuit

2010-01-28T11:04:00.001-07:00

By SUN WIRE SERVICES - 28th January 2010

HOUSTON -- Denver Nuggets guard J.R. Smith made a last-minute payment to a Houston attorney on Wednesday before his team's game against the Rockets to stall a lawsuit filed against him.

Smith was named as the defendant in a lawsuit filed Tuesday in Harris District Court by high-profile lawyer Rusty Hardin, a Rockets' season ticket holder. Hardin is best known for representing pitcher Roger Clemens in his legal battle with former trainer Brian McNamee.

Hardin was hired to represent Smith in 2006, after Smith was accused of breaking a player's jaw in a pickup game at a Houston recreation centre. That case was settled, but Hardin's lawsuit claims Smith failed to pay $22,753.51 US in legal fees.

Dale Jefferson, Hardin's attorney, had threatened to serve Smith with legal papers before Wednesday's game at the Toyota Center. Smith paid a chunk of the fees less than two hours before tipoff, prompting Hardin to call off the process server. Smith has 30 days to pay the rest.

Read the article here:
Tardy Smith stalls lawsuit

Hardin to take on Nuggets player in court of law

2010-01-27T11:01:00.003-07:00

Lawsuit alleging nonpayment of fees to be served at Toyota Center
By JONATHAN FEIGEN - Houston Chronicle
Jan. 27, 2010

J.R. Smith is accused in a lawsuit of not paying legal fees incurred in 2007.

Denver Nuggets guard J.R. Smith will have more than the Rockets waiting for him tonight at Toyota Center.

Famed Houston attorney Rusty Hardin, who has long represented sports stars in Houston including his recent high-profile representation of former Astros pitcher Roger Clemens, is suing Smith for nonpayment of legal fees with a process server expected to serve Smith at tonight's game.

Hardin said he represented Smith in 2007 when Smith was accused in a civil lawsuit of assaulting another player in a summer basketball game at Fonde Recreation Center in Houston. In the lawsuit filed Tuesday by Hardin's attorney, Dale Jefferson, Smith is accused of not paying remaining legal fees of 22,753.

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Hardin to take on Nuggets player in court of law

Process server admits fraud

2010-01-16T10:47:00.001-07:00

Failed to deliver NY legal notices
By George Pyle - NEWS BUSINESS REPORTER
January 16, 2010, 12:30 am

A Long Island-based process server who was accused of leaving thousands of New Yorkers unaware that they had been sued for unpaid debts, subjecting many of them to surprise judgments, liens and wage garnishments, has pleaded guilty to fraud.

William Singler, owner of American Legal Process, entered the plea Friday in Nassau County Supreme Court, admitting to one count of a class E felony. He is to be sentenced March 24 and still faces a civil suit in which New York Attorney General Andrew Cuomo is seeking damages and penalties.

In a statement announcing the guilty plea Friday, Cuomo said that ALP employees had not served properly, or at all, thousands of notices attorneys and creditors had paid them to serve.

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Process server admits fraud

ProVest Opens California Office

2009-11-14T19:51:00.002-07:00

Carrie Bay - DS News.com - October 28, 2009

ProVest, a national process server management company, has opened an office in California to support the state’s needs with evictions, litigation, and home retention efforts.

According to ProVest, the new office provides local attorneys, trustees, and mortgage servicers with resources necessary to personally notify California homeowners of pending events and opportunities related to foreclosure and foreclosure prevention.

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ProVest Opens California Office

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Stipulated judgments: the 'secret' savior

2009-11-14T19:25:00.002-07:00

By Erica Sandberg - creditcards.com
Being sued for debt? This is one option you should know about

Many distressed borrowers react by avoiding problems. Robert Hild, CEO of AXZAS, a nationwide process server management company, reports that an astonishing 95 percent of those served never file a response to the summons and complaint or appear in court. "They know they owe the debt, so they throw their hands up in the air," says Hild. "They want to ignore it. But in many cases, the account has already been charged off, and the creditor may be willing to bend."

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Stipulated judgments: the 'secret' savior

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HALL v. NORTON - Service by publication invalid

2009-11-14T19:17:00.001-07:00

Legal.com

Court of Appeals of Washington State

Service by publication requires reasonably diligent efforts to locate the defendant by exhausting all information readily available. Randy Hall's mail to Tracey Norton and Darren Kossen at their last known address was returned stamped with "no forwarding address." Hall's attorney "conducted research on the internet." A prior attempt to serve Norton and Kossen at the last known address was unsuccessful when a woman in the house refused to come to the door. No other details were offered in support of service by publication. Hall knew the name of Kossen's employer and Kossen's prior address, but did not describe any efforts to pursue those leads. Hall's reliance upon "research on the internet" is vague and general. Because Hall did not support the service by publication with a showing of reasonable diligence, the default judgment taken based upon that service is void. We reverse.

Read the whole brief here:
HALL v. NORTON - Service by publication invalid

Kenya Process Server Not Registered

2009-11-14T19:00:00.002-07:00

Kenya Broadcasting Company - Walter Dzuya/Simon Achola - November 12, 2009

Foreign Affairs Minister Moses Wetangula Thursday challenged the validity of service of petition papers by an unregistered process server.

The case filed by 2007 election loser John Walukhe was adjourned early this month after the court of appeal was informed of fresh evidence.

Moses Wetangula lawyer told appellate judges Erastus Githinji, Alnashir Visram and Joseph Nyamu that Thomas Ndiku the man who attempted to serve him with petition papers was not registered as required by law.

The defense lawyer notified the judges that High Court Judge Roselyn Wendo had in September 2008 ruled that the man was not a registered Process server.

The matter was adjourned to allow the lawyer of Walukhe to file his replying affidavit.

Read the rest of the story:
Process Server Kenya

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

Homeowners don’t see the payoff

2009-11-14T18:53:00.001-07:00

Clients stuck as firm bounces refi checks
Mary Ellen Podmolik - Chicago Tribune - Friday, November 13, 2009

Jeff Franson refinanced his mortgage in early April, switching from Chase to SecurityNational Mortgage.

But as he mowed the front lawn of his Mokena, Ill., home one sunny Saturday last month, a process server drove up and handed Franson papers saying that Chase planned to foreclose on the house.

Franson was current on his SecurityNational mortgage, but a $93,702.51 check that Counselors’ Title Co. had cut to pay off his old Chase loan had bounced. Chase was filing for foreclosure after months of calls and letters between Franson, his lawyer and the firms involved failed to resolve the matter.

Read the rest of the story:
Homeowners don’t see the payoff

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

Estero bride-to-be faces foreclosure despite paying her bills

2009-11-14T18:50:00.001-07:00

naplesnews.com - By AISLING SWIFT - November 14, 2009

ESTERO — Natalie Pickens of Estero opened the door of her Fountain Lakes home one May night and found a process server standing on her doorstep.

He handed her a notice of foreclosure.

“I was like, ‘That’s pretty weird. I’m pretty sure we’ve paid the bills,’” the 22-year-old Pickens said she told him.

Read the rest of the story:
Estero bride-to-be faces foreclosure despite paying her bills.
http://www.naplesnews.com/news/2009/nov/14/estero-bride--be-faces-foreclosure-despite-paying-/

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Escondido man allegedly shoots process server

2009-11-11T18:23:00.001-07:00

By Staff - SDNN: San Diego News Network - November 11, 2009

A process server was recovering from a gunshot wound in his leg today and the man who allegedly shot him was in custody, an Escondido police official said.

Burk Neal Ashford, 65, allegedly shot the 50-year-old process server around 9 p.m. Tuesday outside Ashford’s home in the 1400 block of Red Bark Road, said Escondido police Lt. Bob Benton.

Ashford called 911 and said he’d shot the victim in the leg, Benton said. Escondido police officers responding to the call were flagged down by the victim on the street, he said. The victim was taken to Palomar Medical Center in Escondido and treated for a non-life threatening gunshot wound, Benton said.

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Escondido man allegedly shoots process server

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

4 options when police call about debt

2009-11-10T20:02:00.001-07:00

Justin Harelik - Bankrate.com - November 10,2009

Q: Recently I got a call from the police. They told me that a creditor has filed a lawsuit against me as a result of a personal loan from that lender. I made payments and I could not make payments anymore because I lost my job. Now I am still without a job and can't afford to fight any legal battle. What should I do?

A: I completely understand the approach you took to your financial distress: head in the sand. You simply could not pay the debt and could not afford to respond to the lawsuit that the creditor filed against you. So you decided the best approach was to do nothing and hope that ignoring the problem would resolve it. This is not uncommon, but unfortunately, the sheriff's department in your county or town is very aggressive and acts on this type of judicial order.

Here is basically what happened: The lender considered all available options when you started to miss payments. The lender sent letters and made phone calls asking for payment. These collection efforts went unanswered. You had a good reason since you had no job and could not pay. But the creditor does not care.

Then the lender filed a lawsuit against you. The lender was supposed to serve you with papers regarding the lawsuit. This does not always happen. As I have written before, some unscrupulous lenders serve you via "gutter service," meaning the lender's process server -- the person that hands you the lawsuit papers -- simply discards the papers into the gutter and claims he or she served you with them.

Read the rest of the story:

4 options when police call about debt

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

Buffalo Grove trustee to get name of anonymous poster

2009-11-10T19:38:00.000-07:00

Buffalo Grove trustee to get name of anonymous poster who chatted with her son on newspaper Web site

Judge says only she should see identity; woman then to decide on whether to file lawsuit

By Georgia Garvey - Chicago Tribune - November 10, 2009

Buffalo Grove Village Trustee Lisa Stone should be told the name of the man she accuses of making defamatory online comments about her 15-year-old son, a judge ruled Monday in a case being watched for its Internet privacy implications.

Cook County Circuit Judge Jeffrey Lawrence ordered that the identity of a person known online as Hipcheck16 be turned over to Stone.

"I'm determined that there will be protection on the Internet," particularly for children, said Stone, who was elected in April.

The man posted "deeply disturbing" comments to her son in the aftermath of a bruising election battle, Stone said, adding that once she learns his identity, she will decide whether to file a lawsuit seeking damages.

The comments were posted online April 9 to a story that ran on the Daily Herald's Web site on April 6, the day before the election in which Stone won a seat.

When the newspaper's lawyers said they only had the person's Internet Protocol address, Stone sought the identity from Comcast, the poster's Internet provider.

The judge ruled that only Stone and a process server -- should she decide to take legal action -- may be told the identity of Hipcheck16. Barring an appeal, he said, the court would turn over the information to Stone after another hearing set for Nov. 18.

Read the rest of the story:
Buffalo Grove trustee to get name of anonymous poster
------------------------------------------

Lindsay's Dad Served in Gosselin Lawsuit

2009-11-07T18:58:00.000-07:00

TMZ Staff - Nov 7th 2009 - TMZ.com

When Michael Lohan returns home from his trip to Boston this weekend, he'll have a present waiting for him -- courtesy of the lawyers at TLC.

Read the rest of the story:
Lindsay's Dad Served in Gosselin Lawsuit

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

Unwed parents difficult to track

2009-11-01T19:40:00.000-07:00

By Rita Price - THE COLUMBUS DISPATCH - November 1, 2009

A car is in the driveway, but that might not mean much.

Penny Huston knocks on the door and hopes that the person who answers matches the name on the court document in her hand.

Nope.

"She says he doesn't live here anymore," Huston said. "It goes this way a lot."

At least a hundred times a week, the process server for Subpoena Service Plus parks outside a house or taps a car window or maybe even pretends to deliver flowers -- whatever it takes to serve the court papers seeking support for a child.

Read the rest of the story:
Unwed parents difficult to track-----------------------------------

Frustration With Maximus Child Support

2009-10-30T19:49:00.001-06:00

The Chattanoogan - Opinion - October 30, 2009

Periodically and for over three or more years now Maximus has either sent letters or actual process servers from the sheriff's office looking for someone who doesn't live at my address. I've called and called in an attempt to inform them the individual they're looking for does not live at that address. They promise to take my address off the file, the encounters stop temporarily then start back up again.

It's gone beyond the point of simply being annoying to a feeling of being of harassed by Maximus. Do they not know that people actually move? That old files with old addresses are just that old, and the individual(s) do or no longer reside at the address they may have on file?

Each time the clerks have been kind, the process server who came by yesterday had to listen to my frustration--after all, it's not his fault. He's given a name and address and he's just doing his job. But what about the 'collateral damage' in all this. The innocent caught in the middle?

The clerk I spoke with yesterday was nice and said she'd make a note of it, again. But there's no guarantee at some future date it won't happen again.

Read the rest of the story:
Frustration With Maximus Child Support

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

Lawsuit alleges NM broker evading damage suit

2009-10-22T07:58:00.000-06:00

By BARRY MASSEY (AP) – Oct 22, 2009

SANTA FE, N.M. — A former investment officer for a state educational pension fund says a politically connected Santa Fe broker and his father are dodging a whistleblower lawsuit alleging improper political pressures on investment decisions.

Marc Correra, and his father, Anthony Correra, are defendants in a lawsuit brought by Frank Foy earlier this year seeking to recover money on behalf of the state for losses on pension fund investments.

Foy's lawyer, Victor Marshall, said Thursday the Correras have not been served with a summons about the lawsuit despite efforts to locate them since May.

In a court filing, Marshall said "Marc Correra has disappeared" and apparently has left the country. It also said Anthony Correra's house in Albuquerque "appears to be deserted" and that "it is not known whether Anthony Correra has left the United States."

Read the rest of the story:
Lawsuit alleges NM broker evading damage suit
---------------------------------------

Massive Service Frauds Alleged in NY

2009-10-20T19:31:00.001-06:00

By BARBARA LEONARD - Court House News - October 20, 2009

WHITE PLAINS, N.Y. (CN) - A woman who says a law firm and process server lied about serving her with a collections complaint claims that "nearly 100,000 default judgments have been entered in the New York Courts based upon false affidavits from process servers working for defendant ALP [American Legal Process]."

Margaret Murtagh says that in July the New York attorney general sued 35 law firms that used American Legal Process because "nearly 100,000 default judgments have been entered in the New York Courts based upon false affidavits from process servers" working for it.

Read the rest of the story:
Massive Service Frauds Alleged in NY
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Bailiff pleads guilty to fraud, handed house arrest

2009-10-19T20:13:00.000-06:00

Kamloopsnews.com - October 19, 2009

A city process server accused of defrauding or stealing from clients pleaded guilty in B.C. Supreme Court Friday.

John Gary Granoff was charged earlier this year with breach of trust by a public officer, impersonating a peace officer, as well as theft and fraud over $5,000.

He pleaded guilty to the breach of trust and fraud and was sentenced to a 15-month conditional sentence with six months house arrest.

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Bailiff pleads guilty to fraud, handed house arrest
----------------------------------------------

Sarah Palin Rejects Juneteenth Settlement, State Incurs More Legal Costs

2009-10-04T19:57:00.000-06:00

PR Web - October 4, 2009

Former Governor Sarah Palin, in the wake of her much publicized book and upcoming interview on Oprah, has rejected a settlement offer in the 2009 Juneteenth lawsuit. The Plaintiffs' settlement offer, made by jazz musician Gregory Charles Royal and former Palin supporter Kim Chatman, was for Palin to merely follow through on what Alaska Assistant Attorney General Margaret Paton-Walsh said Palin would do: issue the 2007 proclamation.

Washington, DC (PRWEB) November 4, 2009 -- Former Governor Sarah Palin, in the wake of her much publicized book and upcoming interview on Oprah, has rejected a settlement offer in the 2009 Juneteenth lawsuit (Case no. 3:09-cv-00091 United States District Court of Alaska). The plaintiffs' settlement offer, made by jazz musician Gregory Charles Royal and former Palin supporter Kim Chatman, was for Palin to merely follow through on what Alaska Assistant Attorney General Margaret Paton-Walsh said Palin would do: issue the 2007 proclamation.

Palin has been accused by the plaintifffs and has publicly admitted that she failed to issue the 2007 Juneteenth Day Proclamation which was required under Alaska statute. Palin has also been accused by African American leaders in Alaska as being the first governor in the state not to support the holiday observance.

Read the rest of the story:
Sarah Palin Rejects Juneteenth Settlement, State Incurs More Legal Costs
------------------------------------------

When faced with foreclosure, don't give up

2009-09-20T21:24:00.000-06:00

ANNE L. WEINTRAUB - Herald Tribune - September 21, 2009

Foreclosure has grown into an epidemic that affects everyone -- or someone they know and love.

It is basically this: the legal process in which a bank holding the mortgage on the property sues the borrower to take back the property when the borrower has not kept up with the mortgage payments. You will know if you are served with foreclosure papers when someone unknown to you places a large package in your hands that says the bank is suing you. Or, if the process server cannot find you, the bank can satisfy the law by publishing a notice about the delinquency in the newspaper. From the date you are served with the foreclosure papers, you only have 20 calendar days to respond or the bank can automatically win the case.

Read the rest of the story:
When faced with foreclosure, don't give up

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Chrysler exec Jim Press owes IRS, credit union more than $1.4M

2009-09-18T21:18:00.001-06:00

Robert Snell - The Detroit News - Friday, September 18, 2009

Chrysler Group LLC Deputy Chief Executive Jim Press owes the IRS almost $1 million in delinquent taxes and is being sued by his credit union for defaulting on a $609,000 loan, according to records obtained by The Detroit News.

Oakland County records chronicle the toll financial industry turmoil and the automobile industry collapse have taken on one of its top executives, whose financial woes mirror those of blue-collar workers and average Joes living paycheck to paycheck -- only on a much grander scale. He recently hired a lawyer, Wallace Handler, who specializes in bankruptcy cases.

Handler and Chrysler spokeswoman Shawn Morgan declined comment this morning.

Last November, as the auto industry teetered on the brink of bankruptcy, and as Press lobbied senators to support a $25 billion bailout package, he was caught in his own financial trap, records show.

Read the rest of the story:
Chrysler exec Jim Press owes IRS, credit union more than $1.4M
------------------------------------

Judge throws out petition case

2009-09-18T20:50:00.001-06:00

Daily Nation - SAM KIPLAGATP - September 18 2009

The High Court has dismissed a petition challenging the election of Hussein Mohammed Abdikadir as the Mandera Central MP.

Dismissing the petition on Friday, Lady Justice Roselyn Wendoh said that the MP, who is also the chairman of Parliamentary committee on Administration of Justice and Legal Affairs, was not properly served with the suit papers.

According to the Judge, the petitioner, Mr Adan Mohamed did not serve Mr Abdikadir personally with the papers as required by law. She said that Mr Mohamed only left the suit papers at the law firm where Mr Abdikadir practiced from before he became a Member of Parliament.

In the ruling, Justice Wendoh added that Mr Mohamed did not conduct due diligence before serving the MP. Again, said the Judge, a process server sent to serve the suit papers on Abdikadir, was not qualified.

Read the rest of the story:
Judge throws out petition case
------------------------------------

Sheriff making cuts to stay within budget set by supervisors

2009-09-17T21:01:00.000-06:00

picayuneitem.com - David A. Farrell - September 17, 2009

PICAYUNE — Sheriff David Allison said in an interview at his courthouse office on Wednesday that county residents will see changes in the sheriff’s department’s services as a result of cuts ordered by supervisors in the 2009-’10 austere budget adopted on Monday by supervisors without any tax increases. The budget takes effect Oct. 1.

By late Wednesday, Allison had informed nine employees they would be laid off as he began the process of bringing his budget into balance with the revenues approved for him by supervisors. Layoffs came in the sheriff’s office and at the jail.

He said that residents will see fewer patrols, response times will be slower and processing investigations and delivering court papers will slow down because of layoffs and a cutback in overtime by investigators.

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Sheriff making cuts to stay within budget set by supervisors
--------------------------------

A Fresno County judge has postponed a ruling on medical marijuana dispensaries.

2009-09-17T20:45:00.000-06:00

By KSEE News - September 17

A Fresno County judge has postponed a ruling on medical marijuana dispensaries.

The city is seeking an injunction that would force the nine medical marijuana dispensaries currently open in Fresno to shut down.

But a judge continued the case Thursday, because the city hasn't provided proof that all of the defendants have been notified they are part of the lawsuit.

The city says they will mostly likely be using a different process server after what happened Thursday.

Read the rest of the story:
A Fresno County judge has postponed a ruling on medical marijuana dispensaries.
-------------------------------

truTV to examine jobs we love to hate

2009-09-17T20:36:00.002-06:00

Rueters - Nellie Andreeva - Sept 17

LOS ANGELES (Hollywood Reporter) - Some of the most thankless professions are being showcased in "All Worked Up," a new docu-reality series for truTV.

The show, which has received a six-episode order from the network, tells the first-person stories of people whose jobs get them yelled at, spit on and sometimes assaulted.

The recurring characters include a couple who repossess vehicles in Wendell, North Carolina; a process server in New York; the head of security at an amusement park in Allentown, Pennsylvania; a code enforcer in a housing community in Fort Myers, Florida; and a head of security for professional wrestling and two tow truck drivers in Las Vegas.

The show is slated to premiere October 19.

Read the rest of the story:
truTV to examine jobs we love to hate
---------------------------------------

Court rules motel owner must pay in drowning

2009-08-25T19:11:00.000-06:00

Court rules motel owner must pay in drowning
By Zane Wilson - For The Sun News - Tuesday, Aug. 25, 2009

GEORGETOWN -- A Georgetown motel owner or his insurance company must pay for the 2004 drowning death of a Baltimore boy because the hotelier did not answer the lawsuit in time, according to a state Supreme Court ruling Monday.

The next step is a jury trial to find out how much must be paid to compensate for the June 19, 2004, death of Dominick Richardson, said William Walker Jr., the attorney representing the boy's family.

Dwight Hudson, attorney for the motel owner, said he was surprised at some of the wording of the high court's opinion and will ask that the justices reconsider.

Richardson was vacationing with his family when he died in the pool at Harbor Inn on Church Street in Georgetown.

His mother, Leola Richardson, filed suit the following May. She got a default ruling on June 24, 2005, when motel owner Jay Patidar did not reply to the lawsuit in the required 30 days.

Walker said "there were numerous safety violations" at the pool, documented by the state Department of Health and Environmental Control. The agency regulates swimming pools open to the public.

He said there was no phone by the pool to call for rescue, and a required safety device to pull the boy up was not readily available. If those rules had not been broken, the boy might have been saved, he said.

Read the rest of the story:
Court rules motel owner must pay in drowning
-----------------------------------

Is Legal Service of Process on Facebook, MySpace or Twitter in the Near Future?

2009-08-21T17:16:00.000-06:00

Peter Carlson - June 01, 2009 - www.larkinhoffman.com

Recently, courts in Australia and New Zealand have allowed legal documents to be served via Facebook. In Australia, the plaintiff's lawyers had first attempted to serve the documents personally on the defendants, as well as by e-mail. After both methods were unsuccessful, the plaintiff convinced the court that it should be allowed to serve the defendants on their Facebook page. In order to do so, however, the court required that the plaintiff demonstrate that the Facebook profiles found by the plaintiff were in fact those of the defendants. Similarly, in New Zealand, the High Court permitted a plaintiff, who had previously been unsuccessful in determining the defendant's location, to serve the defendant with process by way of the defendant’s presence on Facebook.

This relaxation in the requirements for process serving, however, has not crossed the seas and been implemented in the United States. The Federal Rules of Civil Procedure provide that an individual may be served by leaving a copy of the summons and complaint "at the individual's dwelling or usual place of abode …." It seems unlikely that American courts will interpret this language to mean that an individual's Facebook or MySpace page is deemed their dwelling or usual place of abode.

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Is Legal Service of Process on Facebook, MySpace or Twitter in the Near Future?
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