Willard Shepard - Mar 27, 2012 - NBC Miami
The homeowners deny the claim and said they do not know what legal action to expect.
A process server who delivers court papers to Broward homes said she was bitten and bruised by a dog after its owners sent it to attack.
“The only thing I recall is doing this to protect my face,” said Yindra Lopez. “The dogs kept biting over here and over here and they were not stopping the dogs.”
Lopez said she was attacked by a 200-pound Bull Mastiff named Riley, who she said bit her on her arms and upper legs.
“I noticed that my arms started bleeding,” Lopez said. “I take the phone and I called 911.”
Read the rest of the story:
Process Server Said Owners Sent Dog To Attack Her
Showing posts with label florida process server. Show all posts
Showing posts with label florida process server. Show all posts
Tuesday, March 27, 2012
Tuesday, March 13, 2012
Political candidate's multimillion dollar foreclosure
9 Investigates - March 13, 2012 - KISSIMMEE, FL
WFTV has found out about a multimillion dollar foreclosure on the property of a state representative candidate.
Matt Falconer has made a name for himself by pitching big cost-cutting for government, but investigative reporter George Spencer found that just last year, one of Falconer's own business ventures fell through.
Nowadays, a "property available" sign sits out front of a Kissimmee strip mall.
Read the rest of the story:
Political candidate's multimillion dollar foreclosure
WFTV has found out about a multimillion dollar foreclosure on the property of a state representative candidate.
Matt Falconer has made a name for himself by pitching big cost-cutting for government, but investigative reporter George Spencer found that just last year, one of Falconer's own business ventures fell through.
Nowadays, a "property available" sign sits out front of a Kissimmee strip mall.
Read the rest of the story:
Political candidate's multimillion dollar foreclosure
Friday, January 28, 2011
Southwest Florida process server board dissolved
Judge decides its work will go to staff
By DICK HOGAN • dhogan@news-press.com • January 28, 2011
The chief judge of Southwest Florida’s judicial circuit has dissolved the civilian advisory board that reviewed certification for private process servers.
Chief Judge G. Keith Cary issued an administrative order Wednesday saying that, from now on, court administrators will handle the work previously done by the 20th Circuit Certified Process Server Review Board.
The board formed three years ago when Lee County Sheriff Mike Scott decided to stop his certification program for the process servers, whose job is to find people and present them with court papers, such as a notice of a foreclosure lawsuit.
Under Florida law, sheriffs and chief circuit judges have the authority to set up a certification program.
Cary said he established the board because he didn’t have the staff to run the program at that time.
Process server Ernie Averill, who was chairman of the board, said he has no objection to the change.
“It’s a lot of work,” he said, and with 125 process servers to keep track of, “It’s the size now where a professional paid staff should do it.”
Read the rest of the story:
Southwest Florida process server board dissolved
By DICK HOGAN • dhogan@news-press.com • January 28, 2011
The chief judge of Southwest Florida’s judicial circuit has dissolved the civilian advisory board that reviewed certification for private process servers.
Chief Judge G. Keith Cary issued an administrative order Wednesday saying that, from now on, court administrators will handle the work previously done by the 20th Circuit Certified Process Server Review Board.
The board formed three years ago when Lee County Sheriff Mike Scott decided to stop his certification program for the process servers, whose job is to find people and present them with court papers, such as a notice of a foreclosure lawsuit.
Under Florida law, sheriffs and chief circuit judges have the authority to set up a certification program.
Cary said he established the board because he didn’t have the staff to run the program at that time.
Process server Ernie Averill, who was chairman of the board, said he has no objection to the change.
“It’s a lot of work,” he said, and with 125 process servers to keep track of, “It’s the size now where a professional paid staff should do it.”
Read the rest of the story:
Southwest Florida process server board dissolved
Wednesday, December 29, 2010
Judge OK's class-action status for homeowner lawsuit against Florida law firm
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.
Read the rest of the story:
Judge OK's class-action status for homeowner lawsuit against Florida law firm
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.
Read the rest of the story:
Judge OK's class-action status for homeowner lawsuit against Florida law firm
Monday, December 27, 2010
Problems with foreclosure notices loom as next flaw in process
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.
Read the rest of the story:
Problems with foreclosure notices loom as next flaw in process
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.
Read the rest of the story:
Problems with foreclosure notices loom as next flaw in process
Tuesday, July 21, 2009
Marshals track missing Sarasota couple
By Michael Pollick - Tuesday, July 21 - heraldtribune.com
FRAUD CASE: John and Marian Morgan could be hiding out in Europe
SARASOTA - The U.S. Marshals Service is now tracking down Sarasota residents John and Marian Morgan. The goal is to bring them to federal court in Tampa to answer contempt charges in a $10 million U.S. Securities and Exchange Commission fraud case.
In their own e-mail to investors, the Morgans said they had left the country. On Monday, a Herald-Tribune reporter found a hand-written note taped over the doorbell at the couple's lavish bayfront home on Periwinkle Drive in Sarasota.
"We have disabled the door bell! So please KNOCK or call us on our cell phones! Thank you!"
There were no other signs of life, but at a second bayfront home on Tangier Terrace also owned by the couple, someone opened and closed a garage door and then lowered a blind. No one answered the door or the doorbell, which had not been disconnected.
While the note might stop a process server, it is not going to stop the U.S. Marshals Service, the lead law enforcement agency responsible for the arresting of federal fugitives.
Read the rest of the story:
Marshals track missing Sarasota couple
-----------------------------------------
FRAUD CASE: John and Marian Morgan could be hiding out in Europe
SARASOTA - The U.S. Marshals Service is now tracking down Sarasota residents John and Marian Morgan. The goal is to bring them to federal court in Tampa to answer contempt charges in a $10 million U.S. Securities and Exchange Commission fraud case.
In their own e-mail to investors, the Morgans said they had left the country. On Monday, a Herald-Tribune reporter found a hand-written note taped over the doorbell at the couple's lavish bayfront home on Periwinkle Drive in Sarasota.
"We have disabled the door bell! So please KNOCK or call us on our cell phones! Thank you!"
There were no other signs of life, but at a second bayfront home on Tangier Terrace also owned by the couple, someone opened and closed a garage door and then lowered a blind. No one answered the door or the doorbell, which had not been disconnected.
While the note might stop a process server, it is not going to stop the U.S. Marshals Service, the lead law enforcement agency responsible for the arresting of federal fugitives.
Read the rest of the story:
Marshals track missing Sarasota couple
-----------------------------------------
A little more protection for renters
By David Bauerlein - Jacksonville.com - Tuesday, Jul. 21, 2009
Two weeks after Brooks Mitchell moved into a condominium he leased on Jacksonville's Southside, he answered a knock on the door and was shocked to find a process server delivering legal papers.
A bank had just filed a foreclosure lawsuit against the condominium's owner. Mitchell had signed a one-year lease, but the potential for foreclosure meant he faced the possibility a bank would take ownership of the property halfway through the lease and evict him.
"It floored me," he said. "I felt burned. Nobody is looking out for the renter."
Mitchell got the legal notification in April, joining other renters who had learned they're not immune from the foreclosure crisis.
But a federal housing law signed by President Barack Obama in May gives him and other renters some protection when property-owners go into foreclosure. If a bank forecloses on any dwelling and wants the resident to leave, the bank must give at least 90 days notice. Moreover, if the tenant had a lease at the time of the foreclosure, the bank must honor the length of the lease.
Those provisions are much stronger than Florida law, which previously gave banks that took possession of property through foreclosure the right to order the removal of tenants in 24 hours. Renters who balked faced eviction notices.
Read the rest of the story:
A little more protection for renters
------------------------------
Two weeks after Brooks Mitchell moved into a condominium he leased on Jacksonville's Southside, he answered a knock on the door and was shocked to find a process server delivering legal papers.
A bank had just filed a foreclosure lawsuit against the condominium's owner. Mitchell had signed a one-year lease, but the potential for foreclosure meant he faced the possibility a bank would take ownership of the property halfway through the lease and evict him.
"It floored me," he said. "I felt burned. Nobody is looking out for the renter."
Mitchell got the legal notification in April, joining other renters who had learned they're not immune from the foreclosure crisis.
But a federal housing law signed by President Barack Obama in May gives him and other renters some protection when property-owners go into foreclosure. If a bank forecloses on any dwelling and wants the resident to leave, the bank must give at least 90 days notice. Moreover, if the tenant had a lease at the time of the foreclosure, the bank must honor the length of the lease.
Those provisions are much stronger than Florida law, which previously gave banks that took possession of property through foreclosure the right to order the removal of tenants in 24 hours. Renters who balked faced eviction notices.
Read the rest of the story:
A little more protection for renters
------------------------------
Sunday, July 5, 2009
Service of Florida Lawsuit Outside Florida Must Follow Florida Laws
Blog - Florida Lawyer Jim Martin - A View from St. Petersburg
Florida courts generally obtain jurisdiction over a defendant when a summons and complaint is properly served on the defendant. When the defendant resides outside Florida, the process server is usually unfamiliar with Florida’s process service requirements. This often results in invalid service of process, which means the court lacks jurisdiction. In such cases, the defendant’s Florida attorney can file a motion to quash service and dismiss for lack of jurisdiction over the person.
For example, Florida Statutes Section 48.194(1) requires that service outside the State of Florida be made “in the same manner as service within this state by any officer authorized to serve process in the state where the person is served.”
Florida Statutes Section 48.031(5) states that service in Florida requires the person serving process to place on the copy served “the date and time of service and his or her identification number and initials for all service of process.”
Florida Rules of Civil Procedure 1.070(e) provides that “[t]he date and hour of service shall be endorsed on the original process and all copies of it by the person making the service.”
Florida Rules of Civil Procedure 1.070(e) provides that “a copy of the initial pleading shall be delivered to the party upon whom service is made.”
Read the rest of the story:
Service of Florida Lawsuit Outside Florida Must Follow Florida Laws
-------------------------------------
Florida courts generally obtain jurisdiction over a defendant when a summons and complaint is properly served on the defendant. When the defendant resides outside Florida, the process server is usually unfamiliar with Florida’s process service requirements. This often results in invalid service of process, which means the court lacks jurisdiction. In such cases, the defendant’s Florida attorney can file a motion to quash service and dismiss for lack of jurisdiction over the person.
For example, Florida Statutes Section 48.194(1) requires that service outside the State of Florida be made “in the same manner as service within this state by any officer authorized to serve process in the state where the person is served.”
Florida Statutes Section 48.031(5) states that service in Florida requires the person serving process to place on the copy served “the date and time of service and his or her identification number and initials for all service of process.”
Florida Rules of Civil Procedure 1.070(e) provides that “[t]he date and hour of service shall be endorsed on the original process and all copies of it by the person making the service.”
Florida Rules of Civil Procedure 1.070(e) provides that “a copy of the initial pleading shall be delivered to the party upon whom service is made.”
Read the rest of the story:
Service of Florida Lawsuit Outside Florida Must Follow Florida Laws
-------------------------------------
Saturday, June 13, 2009
South Florida court clerks cuts may affect the administration of justice
Examiner.com - June 10, 12:53 PM
The Florida legislature cut $46 Million from court clerks statewide, and the affects in South Florida are staggering. Miami-Dade, Broward and Palm Beach Counties will lay off a combined 259 employees, out of a total 3,250 current employees. This will mean longer lines to file or obtain documents, make payments, and will likely affect courtroom efficiency.
Until a recent law making court clerks’ budgets part of the overall state budget, each county’s clerk managed their own budget with little or no state oversight. Once the law went into effect, the clerks’ offices were immediately faced with the overall state budget crisis, resulting in massive personnel cuts and fee hikes.
In the Miami-Dade court clerk’s office, which currently has approximately 1,500 employees, Court Clerk Harvy Ruvin has announced that 145 employees will be laid off and 83 vacant positions will be eliminated. In Broward County, of the 950 employees currently employed, Clerk Howard Forman will lay off 48, eliminate 81 vacant positions and institute a mandatory 1 day per month furlough. Palm Beach County Clerk Sharon Bock, who employs 800 people, will lay off 66 employees.
Read the rest of the story:
South Florida court clerks cuts may affect the administration of justice
------------------------------------
The Florida legislature cut $46 Million from court clerks statewide, and the affects in South Florida are staggering. Miami-Dade, Broward and Palm Beach Counties will lay off a combined 259 employees, out of a total 3,250 current employees. This will mean longer lines to file or obtain documents, make payments, and will likely affect courtroom efficiency.
Until a recent law making court clerks’ budgets part of the overall state budget, each county’s clerk managed their own budget with little or no state oversight. Once the law went into effect, the clerks’ offices were immediately faced with the overall state budget crisis, resulting in massive personnel cuts and fee hikes.
In the Miami-Dade court clerk’s office, which currently has approximately 1,500 employees, Court Clerk Harvy Ruvin has announced that 145 employees will be laid off and 83 vacant positions will be eliminated. In Broward County, of the 950 employees currently employed, Clerk Howard Forman will lay off 48, eliminate 81 vacant positions and institute a mandatory 1 day per month furlough. Palm Beach County Clerk Sharon Bock, who employs 800 people, will lay off 66 employees.
Read the rest of the story:
South Florida court clerks cuts may affect the administration of justice
------------------------------------
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