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
Showing posts with label process serving. Show all posts
Showing posts with label process serving. Show all posts
Thursday, January 12, 2012
Friday, May 20, 2011
Man charged with threatening, assaulting public official
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.
Read the rest of the story:
Man charged with threatening, assaulting public official
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.
Read the rest of the story:
Man charged with threatening, assaulting public official
Tuesday, May 17, 2011
Jacobs' legislation increases the penalties for assault process servers
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
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
Thursday, April 21, 2011
Service of Process Whoop-Ti-Do
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.
Read the rest of the story:
Service of Process Whoop-Ti-Do
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.
Read the rest of the story:
Service of Process Whoop-Ti-Do
Wednesday, April 20, 2011
Selecting a Good Process Server
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.
Read the rest of the story:
Selecting a Good Process Server
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.
Read the rest of the story:
Selecting a Good Process Server
Saturday, November 14, 2009
ProVest Opens California Office
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.
Read the rest of the story:
ProVest Opens California Office
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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.
Read the rest of the story:
ProVest Opens California Office
-----------------------------------------
Thursday, January 29, 2009
Private detective on trial for posing as cop in Madison County
BY BRIAN BRUEGGEMANN - News-Democrat - Jan. 29, 2009
EDWARDSVILLE -- A Madison County judge is deciding whether a private detective went too far by identifying himself as a police detective.
Circuit Judge Richard Tognarelli heard the last testimony and closing arguments Wednesday of a bench trial for 27-year-old Dustin Dahmer. He is accused of identifying himself as a police detective while he was working for Kellerman Investigations in Glen Carbon, a private detective agency that also serves court summonses on people.
Dahmer, of Bunker Hill, is accused of identifying himself as a Madison County sheriff's detective in May 2007: once by phone to a Godfrey woman and once in person to a man at his South Roxana home. Both times, Dahmer was trying to find someone who was to be served with court papers.
Dahmer's attorney, Andy Scharf, argued that Dahmer at most identified himself as a "detective in Madison County."
"Is that illegal? Is that impersonating a police officer?" Scharf said.
Assistant State's Attorney Susan Jensen argued that the two alleged victims felt something wasn't right, and became concerned.
"Why else would these people be calling in?" she said.
Jensen said Dahmer has aspirations of being a police officer, and went too far. She said serving court papers isn't always pleasant, but neither of the two alleged victims was an intended recipient of court papers...
Read the rest of the story:
Private detective on trial for posing as cop in Madison County
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EDWARDSVILLE -- A Madison County judge is deciding whether a private detective went too far by identifying himself as a police detective.
Circuit Judge Richard Tognarelli heard the last testimony and closing arguments Wednesday of a bench trial for 27-year-old Dustin Dahmer. He is accused of identifying himself as a police detective while he was working for Kellerman Investigations in Glen Carbon, a private detective agency that also serves court summonses on people.
Dahmer, of Bunker Hill, is accused of identifying himself as a Madison County sheriff's detective in May 2007: once by phone to a Godfrey woman and once in person to a man at his South Roxana home. Both times, Dahmer was trying to find someone who was to be served with court papers.
Dahmer's attorney, Andy Scharf, argued that Dahmer at most identified himself as a "detective in Madison County."
"Is that illegal? Is that impersonating a police officer?" Scharf said.
Assistant State's Attorney Susan Jensen argued that the two alleged victims felt something wasn't right, and became concerned.
"Why else would these people be calling in?" she said.
Jensen said Dahmer has aspirations of being a police officer, and went too far. She said serving court papers isn't always pleasant, but neither of the two alleged victims was an intended recipient of court papers...
Read the rest of the story:
Private detective on trial for posing as cop in Madison County
------------------------------------------
Private eye flat out as recession bites
Celia Williams - 29 Jan 2009
From part time to full time in just four months.
As many local companies face downturns, business is booming for Queenstown’s Michael Erwin – Central Otago’s only private eye and debt chaser.
The number of people targeted by Erwin is set to increase even further as the recession bites deeper.
Erwin took over Southern Lakes Investigations last September – a part-time business owned by Kathryn Omond – but he’s already seen business triple since then.
With a background in security and a recently acquired diploma in financial services, specialising in “loss adjusting” for insurance companies, Erwin has added a few more dimensions to the now full-time operation.
Contrary to popular belief, life as a private investigator isn’t terribly exciting, says Erwin: “The bulk of the work we do is process-serving, which is [delivering] documents from lawyers and finance companies.
“Basically, if anybody owes you money that’s secured or unsecured and it’s going too far, you’ll engage a lawyer to send somebody a letter demanding the money they’re owed.”
He’s not a straight-out debt collector, however – he doesn’t directly take money off debtors he visits.
Yet Erwin has noticed a boom in this sort of work recently – stemming from local businesses “over-extending themselves” or falling over as a result of the economic downturn.
“That’s definitely got something to do with it and it’ll continue into this year – the full effects of [the global downturn] haven’t really come across yet...
Read the rest of the story here:
Private eye flat out as recession bites
-------------------------------------
From part time to full time in just four months.
As many local companies face downturns, business is booming for Queenstown’s Michael Erwin – Central Otago’s only private eye and debt chaser.
The number of people targeted by Erwin is set to increase even further as the recession bites deeper.
Erwin took over Southern Lakes Investigations last September – a part-time business owned by Kathryn Omond – but he’s already seen business triple since then.
With a background in security and a recently acquired diploma in financial services, specialising in “loss adjusting” for insurance companies, Erwin has added a few more dimensions to the now full-time operation.
Contrary to popular belief, life as a private investigator isn’t terribly exciting, says Erwin: “The bulk of the work we do is process-serving, which is [delivering] documents from lawyers and finance companies.
“Basically, if anybody owes you money that’s secured or unsecured and it’s going too far, you’ll engage a lawyer to send somebody a letter demanding the money they’re owed.”
He’s not a straight-out debt collector, however – he doesn’t directly take money off debtors he visits.
Yet Erwin has noticed a boom in this sort of work recently – stemming from local businesses “over-extending themselves” or falling over as a result of the economic downturn.
“That’s definitely got something to do with it and it’ll continue into this year – the full effects of [the global downturn] haven’t really come across yet...
Read the rest of the story here:
Private eye flat out as recession bites
-------------------------------------
Monday, April 21, 2008
Kenya: Ruling - Poll Petitioners Must Do Homework
All Africa - Nyakundi Nyamboga
Nairobi — The petitioner lost to the first respondent in the December 27 parliamentary elections.
He petitioned against the results on January 24, complaining of the conduct of the Electoral Commission of Kenya (ECK) and its official, Mr Andrew Rianga.
The first respondent, the Assistant minister, Dr Wilfred Machage, then filed this application on February 28 for orders that the petition be struck off. He said the petition was defective and invalid.
Through lawyers, Mr Tom Kajwang' and Mr Ochillo Ayacko, the petitioner's application was on the ground that he was not served with the petition within the period prescribed by law.
Mr Mwita Maroa opposed the application on the grounds that Machage had accepted service of the petition "personally" through his personal secretary.
He argued that the documents presented to court showed the assistant minister was served as provided for in law on January 25 at his office at Co-operative House, Nairobi.
Machage's personal secretary allegedly made it clear that she was authorised to receive the document on his behalf, but in an affidavit, Maroa claims that she refused to sign a copy of the petition.
The petitioner further claimed that as a precautionary measure, he still had to serve Machage by way of publication in the Kenya Gazette after the assistant minister "perfected the art of evading service"...
Read the rest of the story:
Kenya: Ruling - Poll Petitioners Must Do Homework
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Nairobi — The petitioner lost to the first respondent in the December 27 parliamentary elections.
He petitioned against the results on January 24, complaining of the conduct of the Electoral Commission of Kenya (ECK) and its official, Mr Andrew Rianga.
The first respondent, the Assistant minister, Dr Wilfred Machage, then filed this application on February 28 for orders that the petition be struck off. He said the petition was defective and invalid.
Through lawyers, Mr Tom Kajwang' and Mr Ochillo Ayacko, the petitioner's application was on the ground that he was not served with the petition within the period prescribed by law.
Mr Mwita Maroa opposed the application on the grounds that Machage had accepted service of the petition "personally" through his personal secretary.
He argued that the documents presented to court showed the assistant minister was served as provided for in law on January 25 at his office at Co-operative House, Nairobi.
Machage's personal secretary allegedly made it clear that she was authorised to receive the document on his behalf, but in an affidavit, Maroa claims that she refused to sign a copy of the petition.
The petitioner further claimed that as a precautionary measure, he still had to serve Machage by way of publication in the Kenya Gazette after the assistant minister "perfected the art of evading service"...
Read the rest of the story:
Kenya: Ruling - Poll Petitioners Must Do Homework
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