One of the nightmares that people sometimes face with a process server is getting to court and finding out that service never actually occurred. Unfortunately, there are some process servers out there that will document service when they didn’t actually perform service. New York has recently passed new legislation about process service that guarantees this does not happen. It may be a matter of time before such legislation becomes commonplace across the country.
The New Rules
The new rules for process service in New York require private process servers to record GPS data to prove that service took place. The GPS data combined with the other documentation of the process server can be used in conjunction with the respondent’s known whereabouts at that date and time to prove whether or not service actually took place. These new rules were in response to many people discovering that service never happened even though the process server recorded that it did. Continue reading
You may be aware that the sheriff department handles process service for the courts. You may not be aware that you do not have to use the sheriff to have your papers served. You are able to use a private process server that is certified by the courts. There are several good reasons to use a private process server instead of the sheriff.
Speed of Service
The sheriff’s department has a lot of responsibilities, many of them more important than serving papers. Process service is usually something that is only done by the sheriff and their deputies when no other matters are pressing. This means that your papers may not be served to the appropriate party in a timely manner.
Effectiveness of Service
It is quite often that papers are never served at all when handled by the sheriff’s department. The sheriff does not have the time to hunt down the party that needs to be served. While they will go to their place of residence and possibly their known place of employment, if the individual is not easily found the sheriff will declare that they could not be served. Continue reading
When you need a Florida process server, it is important you choose the right person or company for the job. Often process service is a determining factor in the success of your court case, whether it be divorce, civil lawsuit, or other matter. Especially if it may be difficult to find and serve the individual in question, hiring the right process server is vital.
In Florida, all process servers must be certified to serve process within the county in which they serve papers. A company that provides these services should have certified process servers in each county to meet your individual needs. Florida requires that all process servers renew their certification annually and carry identification with their up to date certification information. Make sure your process server follows these regulations.
Being able to find the individual to be served is the primary responsibility of a process server. The company or individual you choose should have a number of technology applications available to them to help track down individuals for service. They should be able to run a skip trace and use social media, GPS, and other means to facilitate service. Continue reading
Foreclosure isn’t the only reason that a homeowner can lose his home. As was recently demonstrated in a Kansas City neighborhood, cities are able to use the power of property forfeiture as a crime-fighting tool. Based on the concept of forfeiture, those who commit crimes cannot maintain ownership of the property they used to commit those crimes. This extends to drug kingpins, embezzlers, racketeers, and violent offenders.
In Kansas City, Missouri, city officials utilize a listening system called Shot Spotter to detect gunshots in urban areas. The system is advanced enough to identify the specific address from which shots occur. One specific Kansas City neighborhood has become known for its brawls, crowds, and unusual quantity of gunfire. According to Jackson County Prosecutor Jean Peters Baker, “Over 200 shots have been fired from this residence, or around this residence, in the past year.” In response, Baker served papers to the homeowners in the neighborhood to inform them that their properties could be seized if the criminal violence did not stop soon. Continue reading
Having a safe and comfortable place to live is a basic human desire, but it is nonetheless very common for people to act in a way that causes them to be evicted from their homes. Eviction is the legal process a landlord can take to force a tenant to vacate the property that he or she is renting. Failure to pay rent and failure to adhere to the lease are the two most common reasons that evictions occur. The process servers who have the responsibility of serving eviction notices are always prepared for conflict, and as these situations prove, serving eviction documents can be a dangerous job. Continue reading