By Paul Owers May 23, 2011 10:55 AM
weblogs.sun-sentinel.com
Some homeowners trying to defend themselves against foreclosure have said the lender didn’t properly serve them.
And in one recent case, the homeowner wasn’t properly served because he was dead, Sunrise lawyer Andrew Dinnerstein said.
Dinnerstein, who’s representing the family of the deceased, said in court papers that a representative of process server ProVest served the homeowner on April 21, 2011. But the homeowner had passed away Aug. 4, 2010.
Dinnerstein is not identifying the man to protect the family's privacy.
Read the rest of the story:
Deceased homeowner served with foreclosure papers
Showing posts with label colorado process server. Show all posts
Showing posts with label colorado process server. Show all posts
Monday, May 23, 2011
Saturday, March 5, 2011
Instructions for Filing a Small Claims Case in Denver, Colorado
By Maya Simone, eHow Contributor
The city of Denver is located in Denver County. The local, Lindsey-Flanigan county courthouse handles all small claims cases. The court will only hear cases in which the damages being sought is under $7,500. Plaintiffs seeking more damages will need to file a claim with the district court; the claim will no longer be considered a small claims issue. You have the option of hiring an attorney to represent you in small claims court, but it is not necessary or typical.
Read the rest of the story:
Instructions for Filing a Small Claims Case in Denver, Colorado
The city of Denver is located in Denver County. The local, Lindsey-Flanigan county courthouse handles all small claims cases. The court will only hear cases in which the damages being sought is under $7,500. Plaintiffs seeking more damages will need to file a claim with the district court; the claim will no longer be considered a small claims issue. You have the option of hiring an attorney to represent you in small claims court, but it is not necessary or typical.
Read the rest of the story:
Instructions for Filing a Small Claims Case in Denver, Colorado
Saturday, May 29, 2010
Colorado has tried to serve Douglas Bruce 29 times
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.
Read the rest of the story:
Colorado has tried to serve Douglas Bruce 29 times
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.
Read the rest of the story:
Colorado has tried to serve Douglas Bruce 29 times
Monday, June 8, 2009
Loveland man gets life term for killing man serving divorce papers
By Monte Whaley - The Denver Post - 06/08/2009
James Whitler is charged with killing a process server who came to serve him with divorce papers May 28, 2008
FORT COLLINS — A man who brutally beat a process server to death in May 2008 and then tried to kill his two young children was sentenced to life in prison today without possibility of parole after being called heartless and a monster by the victim's friends and family.
James Whitler also was sentenced to two consecutive 24-year-sentences for the attempted murder of his son, 11, and daughter, 13.
Larimer District Judge Daniel Kaup told Whitler he could have merely accepted the divorce papers from Stephen Allen on May 28, 200,8 and moved on with his life. But instead, Whitler beat Allen to death with a baseball bat and then tried to stab his daughter and strangle both children unconscious.
"This didn't have to end this way," Kaup told Whitler before passing sentence.
Read the rest of the story:
Loveland man gets life term for killing man serving divorce papers
-------------------------------
James Whitler is charged with killing a process server who came to serve him with divorce papers May 28, 2008
FORT COLLINS — A man who brutally beat a process server to death in May 2008 and then tried to kill his two young children was sentenced to life in prison today without possibility of parole after being called heartless and a monster by the victim's friends and family.
James Whitler also was sentenced to two consecutive 24-year-sentences for the attempted murder of his son, 11, and daughter, 13.
Larimer District Judge Daniel Kaup told Whitler he could have merely accepted the divorce papers from Stephen Allen on May 28, 200,8 and moved on with his life. But instead, Whitler beat Allen to death with a baseball bat and then tried to stab his daughter and strangle both children unconscious.
"This didn't have to end this way," Kaup told Whitler before passing sentence.
Read the rest of the story:
Loveland man gets life term for killing man serving divorce papers
-------------------------------
Tuesday, May 12, 2009
Defendant Was Properly Served, Texas Court Says
By JEFF GORMAN - Courthouse News Service - May 7, 2009
A Texas man was properly served notice of a lawsuit when the process server attached the papers to his front door after four unsuccessful attempts to serve the defendant at his home, a Texas appeals court ruled. The court refused to grant the defendant a new trial.
Hollerman Development tried to serve Marco Padilla with a breach of contract lawsuit at his home four times. The motion court allowed the process server to attach the papers to the front door, but Padilla found the "beat up" papers in the bushes.
Padilla's lawyer advised him that he had not been properly served and to take a wait-and-see approach. Hollerman won a default judgment.
Padilla moved for a new trial, but the lower court denied his motion. Judge Stone of the San Antonio-based 4th District Court of Appeal upheld the decision.
"Padilla was properly served with Hollerman's complaint," Stone wrote, "and his mistaken reliance on his attorney's advice does not excuse his failure to respond in some way to the lawsuit."
Read the story:
Defendant Was Properly Served, Texas Court Says
--------------------------------
A Texas man was properly served notice of a lawsuit when the process server attached the papers to his front door after four unsuccessful attempts to serve the defendant at his home, a Texas appeals court ruled. The court refused to grant the defendant a new trial.
Hollerman Development tried to serve Marco Padilla with a breach of contract lawsuit at his home four times. The motion court allowed the process server to attach the papers to the front door, but Padilla found the "beat up" papers in the bushes.
Padilla's lawyer advised him that he had not been properly served and to take a wait-and-see approach. Hollerman won a default judgment.
Padilla moved for a new trial, but the lower court denied his motion. Judge Stone of the San Antonio-based 4th District Court of Appeal upheld the decision.
"Padilla was properly served with Hollerman's complaint," Stone wrote, "and his mistaken reliance on his attorney's advice does not excuse his failure to respond in some way to the lawsuit."
Read the story:
Defendant Was Properly Served, Texas Court Says
--------------------------------
Monday, May 11, 2009
Jury Finds Man Guilty Of Process Server Murder
FORT COLLINS, Colo. (CBS4)
A jury has found James Whitler guilty of first degree murder. The Loveland man was accused in the beating death of a process server.
Whitler was also found guilty of two counts of first degree attempted murder and two counts of child abuse and reckless endangerment.
Whitler killed Stephen Allen and then attacked his own children. The children testified against their father at the trial.
Allen served Whitler divorce papers just before the deadly attack.
Whitler's attorney argued his client acted in a fit of rage.
Read the story here:
Jury Finds Man Guilty Of Process Server Murder
---------------------------------
A jury has found James Whitler guilty of first degree murder. The Loveland man was accused in the beating death of a process server.
Whitler was also found guilty of two counts of first degree attempted murder and two counts of child abuse and reckless endangerment.
Whitler killed Stephen Allen and then attacked his own children. The children testified against their father at the trial.
Allen served Whitler divorce papers just before the deadly attack.
Whitler's attorney argued his client acted in a fit of rage.
Read the story here:
Jury Finds Man Guilty Of Process Server Murder
---------------------------------
Loveland man convicted of killing process server
Examiner.com - FORT COLLINS, CO
A Loveland man has been convicted of beating a process server to death with a baseball bat.
A Larimer County jury on Monday found 46-year-old James Whitler guilty of first-degree murder in the death of 57-year-old Stephen Allen.
Jurors also convicted Whitler of two counts of attempted first-degree murder, two counts of child abuse and two counts of reckless endangerment. They started deliberating Friday.
Prosecutors say Whitler beat Allen with a baseball bat after Allen served Whitler divorce papers at his Loveland home last year. They also say Whitler choked his two children.
Read the story here:
Loveland man convicted of killing process server
------------------------------------
A Loveland man has been convicted of beating a process server to death with a baseball bat.
A Larimer County jury on Monday found 46-year-old James Whitler guilty of first-degree murder in the death of 57-year-old Stephen Allen.
Jurors also convicted Whitler of two counts of attempted first-degree murder, two counts of child abuse and two counts of reckless endangerment. They started deliberating Friday.
Prosecutors say Whitler beat Allen with a baseball bat after Allen served Whitler divorce papers at his Loveland home last year. They also say Whitler choked his two children.
Read the story here:
Loveland man convicted of killing process server
------------------------------------
Jury Rules Man Guilty In Process Server Slaying
Prosecutors Say Man Hit Process Server More Than 20 Times With Bat
DENVER -- Jurors returned a guilty verdict late Monday afternoon in the case of man accused of beating a process server to death with a baseball bat.
The jurors started deliberating Friday and continued Monday morning.
Forty-six-year-old James Whitler was charged with first-degree murder in the death of 57-year-old Stephen Allen.
Prosecutors said Whitler beat Allen with a baseball bat 20 times after Whitler delivered divorce papers.
Whitler's defense attorney Eric Vanatta said his client's actions were not premeditated and that he snapped amid a "hurricane of emotions" when Allen served him divorce papers at his Loveland home last year.
But prosecutors say Whitler had plenty of time to think about what he was doing.
Read the story here:
Jury Rules Man Guilty In Process Server Slaying
----------------------------------
DENVER -- Jurors returned a guilty verdict late Monday afternoon in the case of man accused of beating a process server to death with a baseball bat.
The jurors started deliberating Friday and continued Monday morning.
Forty-six-year-old James Whitler was charged with first-degree murder in the death of 57-year-old Stephen Allen.
Prosecutors said Whitler beat Allen with a baseball bat 20 times after Whitler delivered divorce papers.
Whitler's defense attorney Eric Vanatta said his client's actions were not premeditated and that he snapped amid a "hurricane of emotions" when Allen served him divorce papers at his Loveland home last year.
But prosecutors say Whitler had plenty of time to think about what he was doing.
Read the story here:
Jury Rules Man Guilty In Process Server Slaying
----------------------------------
Thursday, May 7, 2009
One witness and defense rests in Whitler's murder trial
Jury to get instructions Friday
BY NATE TAYLOR • NateTaylor@coloradoan.com • May 7, 2009
Defense attorneys Wednesday afternoon called just one witness on behalf of James Whitler before resting their case in the Loveland man's murder trial.
The one witness was Pam Buffington, an investigator with the Fort Collins public defender's office who explained about 15 photos depicting Whitler's injuries two days after he allegedly beat process server Stephen Allen to death with a T-ball bat and then allegedly strangled his two children. Allen died after serving divorce papers and a temporary restraining order to Whitler.
Attorneys and Judge Dan Kaup will meet today to argue about and create jury instructions, which will be read to jurors Friday just before closing arguments.
Jurors are expected to begin deliberating the evidence Friday.
Read the rest of the story:
One witness and defense rests in Whitler's murder trial
--------------------------------------
BY NATE TAYLOR • NateTaylor@coloradoan.com • May 7, 2009
Defense attorneys Wednesday afternoon called just one witness on behalf of James Whitler before resting their case in the Loveland man's murder trial.
The one witness was Pam Buffington, an investigator with the Fort Collins public defender's office who explained about 15 photos depicting Whitler's injuries two days after he allegedly beat process server Stephen Allen to death with a T-ball bat and then allegedly strangled his two children. Allen died after serving divorce papers and a temporary restraining order to Whitler.
Attorneys and Judge Dan Kaup will meet today to argue about and create jury instructions, which will be read to jurors Friday just before closing arguments.
Jurors are expected to begin deliberating the evidence Friday.
Read the rest of the story:
One witness and defense rests in Whitler's murder trial
--------------------------------------
Wednesday, May 6, 2009
Whitler told cops: 'I kind of just snapped'
Nate Taylor - Fort Collins Coloradoan - May 6, 2009
FORT COLLINS - Jurors in James Whitler's murder trial saw a video recording Tuesday of Whitler telling authorities he began beating Stephen Allen, the man he's accused of murdering, after he came to view the process server as the object of his marriage's lost hope.
Whitler also told investigators he was praying to God to take care of his two children while he strangled them after beating Allen.
If sheriff's deputies hadn't stopped him, he said he probably would have killed his children and then himself.
It was Allen and Whitler's wife, Lisa, who delivered divorce papers and a restraining order to James Whitler on May 28, 2008, prompting the Loveland man to go into what he described on the video as "blind rage."
Whitler told investigators during his interview hours after his arrest on May 28 he probably hit Allen 15 or 20 times during a struggle that left Allen battered and spattered blood on furniture, walls, floors and ceilings throughout the Whitler home in west Loveland.
Read the rest of the story:
Whitler told cops: 'I kind of just snapped'
FORT COLLINS - Jurors in James Whitler's murder trial saw a video recording Tuesday of Whitler telling authorities he began beating Stephen Allen, the man he's accused of murdering, after he came to view the process server as the object of his marriage's lost hope.
Whitler also told investigators he was praying to God to take care of his two children while he strangled them after beating Allen.
If sheriff's deputies hadn't stopped him, he said he probably would have killed his children and then himself.
It was Allen and Whitler's wife, Lisa, who delivered divorce papers and a restraining order to James Whitler on May 28, 2008, prompting the Loveland man to go into what he described on the video as "blind rage."
Whitler told investigators during his interview hours after his arrest on May 28 he probably hit Allen 15 or 20 times during a struggle that left Allen battered and spattered blood on furniture, walls, floors and ceilings throughout the Whitler home in west Loveland.
Read the rest of the story:
Whitler told cops: 'I kind of just snapped'
Daughter finishes testimony in process server murder trial
BY NATE TAYLOR • Loveland Connection, CO • May 5, 2009
The 13-year-old daughter of a Loveland man accused of trying to kill her and her 11-year-old brother says she now sees her father as the "bad guy" after thinking he was the "good guy" during the days immediately after the father killed process server Stephen Allen.
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James Whitler's daughter finished her testimony this morning during his first-degree murder trial. Whitler is accused of strangling his two children after he beat process server Stephen Allen to death with a baseball bat in the moments after receiving documents from his wife for a divorce and a restraining order.
The girl finished her testimony today after recounting for jurors on Monday the details of how her father beat Allen and then turned his rage toward her and her brother by strangling them after telling them he wanted to "make them forget" what they'd just seen.
Read the rest of the story:
Daughter finishes testimony in process server murder trial
The 13-year-old daughter of a Loveland man accused of trying to kill her and her 11-year-old brother says she now sees her father as the "bad guy" after thinking he was the "good guy" during the days immediately after the father killed process server Stephen Allen.
Advertisement
James Whitler's daughter finished her testimony this morning during his first-degree murder trial. Whitler is accused of strangling his two children after he beat process server Stephen Allen to death with a baseball bat in the moments after receiving documents from his wife for a divorce and a restraining order.
The girl finished her testimony today after recounting for jurors on Monday the details of how her father beat Allen and then turned his rage toward her and her brother by strangling them after telling them he wanted to "make them forget" what they'd just seen.
Read the rest of the story:
Daughter finishes testimony in process server murder trial
Saturday, May 2, 2009
Ex-wife: Whitler calmly read papers before attacking process server
BY NATE TAYLOR • NateTaylor@coloradoan.com • May 2, 2009
James Whitler's ex-wife confronted him in court Friday afternoon, describing to jurors how tension in her family grew leading to the day she filed for divorce and her husband is accused of beating process server Stephen Allen to death with a baseball bat.
Lisa Whitler said - in the week leading up to May 28, 2008, when she filed for divorce and got a court-issued restraining order protecting herself and her children from James Whitler - her children on more than one occasion sent electronic "hate messages" to her.
The voice and text messages were sent while the 10- and 12-year-old children were living with James Whitler, who moved back into the family home after living at an apartment for six months while the couple was separated, according to Lisa Whitler's testimony.
Her testimony concluded proceedings in James Whitler's murder trial Friday, day two of the prosecution's presentation of evidence.
Whitler is charged with first-degree murder and two counts of attempted first-degree murder.
The Whitlers' 10-year-old son is scheduled to testify when proceedings continue Monday.
Lisa Whitler said one text message she received said, "DIE DIE DIE." And prosecutors played a voice message for jurors during which her son is heard saying, "Dad has a hearing on Monday so we don't have to see you anymore."
It was that message from her son that convinced Lisa Whitler to deliver the divorce papers and restraining order to her husband the same day she filed for divorce, instead of the next day as she'd planned.
Lisa Whitler said her attorney arranged for Stephen Allen to meet her to serve the documents to James Whitler. She said Allen gave her the option to come with him, arrange for a police officer to help or for him to serve the papers on his own.
Read the rest of the story:
Ex-wife: Whitler calmly read papers before attacking process server
----------------------------------------
James Whitler's ex-wife confronted him in court Friday afternoon, describing to jurors how tension in her family grew leading to the day she filed for divorce and her husband is accused of beating process server Stephen Allen to death with a baseball bat.
Lisa Whitler said - in the week leading up to May 28, 2008, when she filed for divorce and got a court-issued restraining order protecting herself and her children from James Whitler - her children on more than one occasion sent electronic "hate messages" to her.
The voice and text messages were sent while the 10- and 12-year-old children were living with James Whitler, who moved back into the family home after living at an apartment for six months while the couple was separated, according to Lisa Whitler's testimony.
Her testimony concluded proceedings in James Whitler's murder trial Friday, day two of the prosecution's presentation of evidence.
Whitler is charged with first-degree murder and two counts of attempted first-degree murder.
The Whitlers' 10-year-old son is scheduled to testify when proceedings continue Monday.
Lisa Whitler said one text message she received said, "DIE DIE DIE." And prosecutors played a voice message for jurors during which her son is heard saying, "Dad has a hearing on Monday so we don't have to see you anymore."
It was that message from her son that convinced Lisa Whitler to deliver the divorce papers and restraining order to her husband the same day she filed for divorce, instead of the next day as she'd planned.
Lisa Whitler said her attorney arranged for Stephen Allen to meet her to serve the documents to James Whitler. She said Allen gave her the option to come with him, arrange for a police officer to help or for him to serve the papers on his own.
Read the rest of the story:
Ex-wife: Whitler calmly read papers before attacking process server
----------------------------------------
Judge reverses order about news updates from process server murder trial
Loveland Connection staff • May 1, 2009
District Court Judge Daniel J. Kaup has changed his decision limiting the dissemination of information to the public during the murder trial of James Whitler.
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After deciding Thursday that media outlets covering the trial could not report about courtroom proceedings until after court had adjourned for the day, Kaup changed his ruling this morning saying news updates could be filed throughout the day from outside the courtroom.
Kaup said he changed his mind after reflecting on his original decision and made the new ruling official after prosecutors and defense attorneys agreed with his inclination to allow updates outside the courtroom.
"I have reason to pause whether this court has the authority to tell someone they can't update a Web site," Kaup said. "There still can be no transmissions of any kind leaving the courtroom while court is in session."
Whitler is on trial for for first-degree murder and attempted first-degree murder.
He is accused of beating process server Stephen Allen to death with a baseball bat at his west Loveland home in May 2008 and then turning his rage on his two children trying to choke them to death after he was served divorce papers and a restraining order.
Read the rest of the story:
Judge reverses order about news updates from process server murder trial
------------------------------------------
District Court Judge Daniel J. Kaup has changed his decision limiting the dissemination of information to the public during the murder trial of James Whitler.
Advertisement
After deciding Thursday that media outlets covering the trial could not report about courtroom proceedings until after court had adjourned for the day, Kaup changed his ruling this morning saying news updates could be filed throughout the day from outside the courtroom.
Kaup said he changed his mind after reflecting on his original decision and made the new ruling official after prosecutors and defense attorneys agreed with his inclination to allow updates outside the courtroom.
"I have reason to pause whether this court has the authority to tell someone they can't update a Web site," Kaup said. "There still can be no transmissions of any kind leaving the courtroom while court is in session."
Whitler is on trial for for first-degree murder and attempted first-degree murder.
He is accused of beating process server Stephen Allen to death with a baseball bat at his west Loveland home in May 2008 and then turning his rage on his two children trying to choke them to death after he was served divorce papers and a restraining order.
Read the rest of the story:
Judge reverses order about news updates from process server murder trial
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