Friday, September 26, 2008

Bollywood Star Fined for "Dogged" Defiance

Calcutta High Court, on Thursday, fined filmstar Swastika Mukherjee Rs 8,500 for unleashing her pet dog on a high court employee when he went to her house to serve a summons.

Not only that, Justice Maharaj Sinha rejected her application seeking to take defence in a damage suit pending before the court against her. The court observed that the application was not made truthfully. Mukherjee was directed to pay the fine by November 11.

Swastika was married in 1998 to Pramit Sen, younger son of Rabindrasangeet exponent, the late Sagar Sen. Anwesa, the couple's daughter, was born in 2000. In June that year, Swastika left her in-laws' house and lodged a complaint against her husband and his elder brothers - Pritam and Priyam - with Jadavpur police under Section 498A IPC.

The Sen brothers were discharged of allegations of physical and mental torture against Swastika by an Alipore court in 2005.


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Congressional Candidate Moonlighting as Process Server

Republican Congressional candidate Peter James said yesterday that he would spend the day as a process server, handing out legal filings to the White House, the Department of Treasury and congressional offices.

James, an avowed libertarian challenging Democrat Donna F. Edwards in Maryland's 4th Congressional District, agreed to help a group called We the People serve papers in a lawsuit challenging the not-yet-passed $700 billion Wall Street bailout plan as unconstitutional.

James has been warning for months about the possibility that massive debt could bring down the American financial system, as he and Edwards ran against one another in a June special election to replace longtime incumbent Rep. Albert R. Wynn. Edwards won that contest for the Prince George's and Montgomery district, with more than 80 percent of the vote.

James believes the financial market crisis proves his point.


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Thursday, September 25, 2008

Bankruptcy Judges to Rewrite Mortgages?

Some Democrats in Congress are pushing to allow bankruptcy judges to rewrite mortgages as part of the proposed $700 billion bailout for financial institutions that are straining under the weight of failing home loans.

The goal is to allow homeowners facing foreclosure to seek a reduction in their mortgage debt when they file for bankruptcy. Some analysts say it makes no sense to spend billions of taxpayer dollars to buy toxic mortgages without also extending aid to households at risk of losing their homes.

“Right now the pain is with people who are having difficulty making their mortgage payments, and that is a leading reason why people would go down the bankruptcy route,” said Paul Leonard, director of the California office of the Center for Responsible Lending.

Groups that counsel people facing foreclosure long have complained that banks and loan servicers are slow to respond to requests for loan modifications. Consumer advocates hope that if bankruptcy judges are given the ability to compel lenders to reduce debt, consumers will have more negotiating clout.


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Thursday, September 18, 2008

Former Kenyan Official Finally Served Papers

Former Governance and Ethics Permanent Secretary John Githongo has been served with court papers over the multi-billion shilling Anglo Leasing scandal.

Process servers George Kibe and Michael Kioko served Githongo with the papers during tea break at a conference he was chairing organised by the Institute of Economic Affairs at Kenyatta International Conference Centre.

Mr Githongo is now obligated to make an appearance within 15 days in court for the case filed by former Internal Security Minister Chris Murungaru over defamation.

Mr Kibe told The Standard that Githongo politely acknowledged and signed the copies.

Last week, Murungaru filed an application at the Nairobi Law Courts to be allowed to serve Githongo through Times of London, The Guardian, The Standard and Daily Nation newspapers.

He claimed attempts had been made to serve Githongo at PCS Plaza, Strathmore University and Karen during his visit last month but all were in vain.


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Process Servers Serving Severance

Human resources adviser Bob Benwick recalls watching in amazement as a supervisor of a Vancouver hospital's cleaning staff ran screaming from the room after being told by a manager that her job was being outsourced.

Instead of taking the severance notice the manager tried to hand to her, the woman ran down the hall yelling: "If I don't see it, you can't fire me."

A few days later, unbeknownst to Mr. Benwick, the hospital manager decided to have a process server deliver the notice. When he caught up to the woman's car at a stoplight and handed her the paper, she drove over his foot.

"That was a really wild, but totally inappropriate, way to tell someone they no longer had a job," recalls Mr. Benwick, chairman of Vancouver executive coaching company R.W. Benwick Associates Ltd.

It's the sort of disaster that can happen if managers aren't sensitive to the emotional impact of delivering the "you're fired" news, Mr. Benwick says.


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Monday, September 15, 2008

No Investigation of Sarto, Despite Lawyer's Request

The attorney representing Carpentersville Village Trustee Paul Humpfer in his ongoing criminal matter recently asked police to conduct an investigation into Village President Bill Sarto's alleged refusal to accept a subpoena to testify at a hearing in the case.

But Carpentersville Police Cmdr. Mike Kilbourne said Friday "there is no active investigation" into whether Sarto committed a criminal misdemeanor on Aug. 19 by reportedly refusing to accept the subpoena from a process server.

Humpfer's attorney, Patrick Crimmins of Brady & Jensen in Elgin, subpoenaed Sarto to testify at a hearing on Humpfer's motion for a new judge in his case. Humpfer claims that Judge James Hallock, who convicted the trustee of domestic battery in a bench trial in March, failed to disclose relationships he has or had with current and former Carpentersville officials.


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Monday, September 08, 2008

From Parole to Process Server

Andre Garrett parks his white Volvo sedan at a meter outside the Nassco shipyard on Harbor Boulevard on a hot, late summer morning. He shuffles through some papers in his black canvas briefcase and plucks out a stack, reading aloud the name written at the top. He repeats the name again and again, as if committing it to memory, as if it might disappear by the next time he looks down.

The name on the paper belongs to someone Garrett needs to find. The shipyard was the only address his client had for the man. This is the most daunting place Garrett's ever come to do his work, he says.

"I have no idea how to get in, where to go," he mutters to himself, sizing up the colossal fortress of shipbuilding and machinery.

He tries to enter the yard at one gate and is turned away. The same thing happens a little further up the street. Finally he finds the door for an office and walks in.

He proclaims the name of the man on his mind to a receptionist and some empty chairs.

"I'm here to serve him," he says, holding up a stack of legal documents signed by a woman who no longer wants to be the man's wife.ng her entry on board the ship. That was all,” said Botha.

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Suspect Charged in Process Server Murder

A judge on Friday declined the request of the attorney for a Loveland man accused of first-degree murder to reduce the charges against him.

James Whitler, 45, has been charged in the beating death of Stephen Allen, a 57-year-old process server, the evening of May 28 at Whitler’s residence west of Loveland. Whitler is also charged with two counts of attempted first-degree murder for allegedly choking his children, 12-year-old Amanda and 10-year-old Jacob, when sheriff’s deputies apprehended him at his home.

Friday, 8th Judicial District Judge Daniel Kaup decided enough evidence existed to carry all charges against Whitler to a possible trial after listening to testimony from one of the investigators in the case.

Attorneys for both sides agreed Whitler hit Allen multiple times with a T-ball bat and choked the children, but prosecutors and defense attorneys differed on what Whitler’s mind-set was during the attacks.

Allen was serving Whitler with divorce papers and a restraining order taken out by Whitler’s estranged wife, Lisa Whitler, when he was attacked by Whitler — who hit Allen between 15 and 20 times, Larimer County Sheriff’s Sgt. John Feyen testified.


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Tuesday, September 02, 2008

Carpentersville Village President May Face Contempt Citation

Carpentersville Village President Bill Sarto may face a contempt citation for failing to appear in court to testify Friday in a domestic violence case against a rival village trustee, a prosecutor said.

Sarto was called to testify in the case of trustee Paul Humpfer, who was found guilty of domestic battery this year.

Sarto could be held in contempt, said Kane County Assistant State's Atty. Elizabeth Miles.

A private investigator said Sarto refused to accept a subpoena when he approached Sarto in the Village Hall parking lot this month, according to a court document.

The investigator, Eric Moskal, said he saw a man arrive in a car, which had a license plate that read, "SARTO," the document said.



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Wednesday, August 27, 2008

City Ordered to Serve Notice to Protestors

The city's bid for arrest warrants for Six Nations protesters was put off again, after a superior court justice decided alternate measures should be tried first.

The city is attempting to have eight protesters found in contempt of court for breaching an injunction prohibiting protests at development sites in the city.

Justice Harrison Arrell said he was concerned that the men could face criminal charges if they were served with warrants and failed to appear in court.

The city's motion asks the court to fine or jail those who are found to have violated the motion and award the city punitive damages.

City lawyer Neal Smitheman said they had successfully served Steve (Boots) Powless and John Garlow. He said Dick Hill refused to accept the court documents, but is aware of the city's motion.

The other protesters named in the action -- Butch Thomas, Clyde Powless, Kevin (Whodat) Isaacs, Dwayne Maracle and Runs Through the Fire -- have not been served.


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Friday, August 22, 2008

City Hires Private Process Servers to Serve Property Owners

Issuing citations for city code violations is just the first — maybe the easiest — step in trying to persuade residents to clean up and maintain their property.

But serving notice of the citation and the alleged violations officers hope residents will cure before ending up in municipal court has proven to be much more difficult.

During the past eight to 12 months, city officials have been unable to secure the service of 522 citations issued for violations ranging from overgrown yards to maintenance neglect.

City officials say that lack of service can be costly to taxpayers not only aesthetically, but financially as well. In an attempt to “close the loophole” that allows residents to elude responsibilities, officials want to test a pilot program that will allow the city to use a private process server to put property owners on notice of any violations.

City Planner Gary Garvin said code enforcement officers are charged with that responsibility right now. Because code enforcement officers work regular business hours, it is difficult to serve notice to residents who work outside the home.

A process server, Garvin said, not only has the means to secure service during the evenings and weekends, they have the authority to serve notice to property owners who live outside the city limits but within the state. Garvin said 124 of the 522 citations, nearly 24 percent, expected to be included in the proposed pilot program are designated for out-of-town service.


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Thursday, August 21, 2008

Justice of Peace Signs Up for E-Filing

A Williamson County justice of the peace is hoping to make the process of filing a civil case less time-consuming and save paper at the same time.

Dain Johnson of Precinct 1 is the first justice of the peace in the county to begin using the new filing method, which allows attorneys to go online to file cases seeking up to $10,000.

Johnson said there are a lot of benefits to using the new system. When documents are due, lawyers can file them until midnight. Previously, they had to wait in lines at the courthouse, and they had to go during business hours. Johnson said lawyers can also avoid sending couriers or mailing heavy boxes that could be expensive.

Once a file is entered, court clerks can access it online. The system went online this month.


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Wednesday, August 20, 2008

Forclosure Economy Still Keeping Process Servers Busy

The crumbling housing market is bad news for homeowners who overextended themselves during the boom, but it's good news for some lawyers and associated businesses.

Law firms representing lenders, condo associations and, to a lesser extent, homeowners, have been extremely busy with foreclosure cases over the last few months.

Attorneys aren't the only ones who have been busy with foreclosure cases. Process servers, the people who go out and hand-deliver notices of foreclosures and other lawsuits, also have been swamped.

In the last year and a half, the Gissen & Zawyer service firm, for instance, has roughly doubled in size. The company had about 15 process servers 18 months ago, but now it has about 30, said co-owner Sean Zawyer.


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Monday, August 18, 2008

Process Server Alerts Police of Possible Meth Lab

Police and firefighters were trying to determine Friday evening if a home in a quiet suburban neighborhood was being used to make potentially explosive methamphetamine.

Firefighters were called to the house on Lasalle Avenue near Belsay and Lapeer Roads about 4:30 p.m. after a process server, who was evicting someone at the home, called 911 to report hazardous materials in the basement and in a white cube truck parked in the driveway.

Among the chemicals were anhydrous ammonia and ether, chemicals used in the production of methamphetamine.

"If something were to ignite, we'd have a big explosion," said Deputy Burton Fire Chief Ken Gould.


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Friday, August 15, 2008

Rugby Player Denies Being Served

Sonny Bill Williams insists he hasn't been served with any legal documents relating to the court case against him - but after making a successful rugby union debut in France, he remains defiant about threats to seize his assets or even jail him.

Williams, who declared in Saturday's Herald that he was willing to go to jail if necessary over his desire to switch codes, said he felt the same way about the possibility of losing his $1.3 million house at Caringbah after the NSW Supreme Court ruled he could not play for anyone other than the Bulldogs until 2013.

"Like I said before the game, if they think that I should go to jail for doing what I believe in or if they want to take my house, take my car or take whatever for standing up for what I believe in, then so be it," he told the Herald . "I stand by whatever I've done and to me there are bigger things going on in the world today. They [the NRL] should be more worried about what's going on with the game itself than me."

Asked about claims he had been served with legal papers advising of the court injunction after his match for Toulon, Williams said he had not received any court documents.


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Process Server Served

A civil trial gets underway today in Arapahoe County District Court in which a man says he was severely beaten by a Denver process server who was not charged in the assault.

Ken Bernstein is suing the Denver process-server company, Checkmate Inc., for hiring Anthony Davis, a convicted felon.

According to the lawsuit, on Sept. 30, 2005, Davis was serving Bernstein with a civil subpoena and after serving it, Davis, now 39, refused to leave.


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Monday, August 04, 2008

System Designed to Save Kids Works to Perfection

When 18-month-old Kenyon Brock was pulled safely from a car in Jefferson City on Tuesday, it was just four hours after he had been taken from his crib.

The Amber Alert system had worked exactly as it was designed. Moments after a Jefferson City radio station aired the alert, a motorist spotted the suspect's car and the alleged abductors were in police custody 40 minutes later.

A Jefferson City man and a Kansas City area woman have been charged in the case.

Officials said locating an abducted child within the first three hours is crucial to the child's recovery - and Amber Alerts can help speed that recovery.

Amber Alerts are voluntary programs among law enforcement and transportation agencies, news media outlets and wireless providers to inform the public about an abducted child.

When a child abduction is reported to a local law enforcement agency, that agency contacts the Missouri Highway Patrol to determine whether the case fits the criteria for an Amber Alert.


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Nasser Avoids Official at Mundine Fight

A legal fight over runaway rugby league star Sonny Bill Williams turned into a farce at a boxing event in Newcastle, The Daily Telegraph newspaper reports.

The private investigator who tried to serve controversial adviser Khoder Nasser his court papers required police protection at the Anthony Mundine fight at the Newcastle Entertainment Centre, the Sydney newspaper says.

The newspaper published a photo on Thursday of the investigator but covered his face at the man's request for his own safety.

The investigator who needed protection from two police officers at the fight, told The Daily Telegraph: "I was only trying to do my job, but at the end of the day it was just too dangerous.


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Monday, July 28, 2008

Process Server Doesn't Mind Bearing Bad News

Probably the man will always regret that stop at a traffic light. That's where Jason Swanson served the man with a judicial summons over money he owed.

Swanson is a process server in Pinellas, Pasco and Hernando counties and will expand to Hillsborough County in a few months. He has been notifying Pinellas residents of their involvement in legal proceedings for 15 years.

His job is to give legal notice to people of a court's jurisdiction over legal matters in which they are involved. That protects them from any surprise legal actions of which they were not aware.

Most of his clients, however, see his service not as protection but as bad news – although Swanson wryly noted, he has discovered some people feel being served with divorce papers is a blessing. Many of Swanson's cases involve matters such as credit card debt, eviction or foreclosure.


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Friday, July 25, 2008

Detroit Mayor Confronted Process Server

Michigan State Police will investigate a confrontation involving Detroit Mayor Kwame Kilpatrick and a process server attempting to serve a subpoena on one of his close friends, the Wayne County sheriff said Thursday.

The process server from the county prosecutor's office, accompanied by a sheriff's deputy, had gone to the home of Kilpatrick's sister, Ayanna, and her husband, Daniel Ferguson, to deliver the subpoena to Daniel Ferguson's cousin, businessman Bobby Ferguson, Sheriff Warren Evans said.

"Mayor Kilpatrick exited the house," Evans said during an evening news conference. "The (sheriff's) officer alleges the mayor pushed him with significant force to make him bump into the prosecutor's investigator."

James Thomas, one of Kilpatrick's lawyers, said the process server asked several questions of Daniel Ferguson. The mayor told the process server that Bobby Ferguson did not live there and twice asked the man to leave, then "gently escorted" him off the porch when he did not.


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Thursday, July 24, 2008

Ignore Photo Radar Ticket, Pay Additional FIne

The Prescott Valley Police Department implemented photo enforcement a year and a half ago to reduce speeding - and accidents.

Despite extensive media coverage, some motorists who receive tickets are uninformed, and are facing the consequences. They face a $26 process server fee - even if they attend traffic school - if they did not notify the Magistrate Court of their intentions after receiving a ticket in the mail.

The company that operates the photo-enforcement equipment, Redflex Traffic Systems of Scottsdale, hires process servers.






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Wednesday, July 16, 2008

Bad News Is Good News For Them

No one is ever happy to get a visit from process server Tammie Culligan.

"It's always a challenge, it's definitely a challenge," she said.

Tammie spends her busy day serving people with a notice to appear in court. She says foreclosures and short sales are through the roof in Hillsborough County.

It seems, these days, business is good for those in the business of delivering bad news.


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Man With Shotgun Allegedly Confronts Debt Process Server

A 47-year-old Battle Ground man went to jail Monday evening after he allegedly fired a shotgun near a process server who came to present legal papers about a debt.

Max Berry was arrested on suspicion of felony first-degree assault at the home of his mother, Ruth Berry, at 9406 N.E. 219th St., said Sgt. Mike McCabe with the Clark County Sheriff’s Office.

The process server called 911 at 7:52 p.m., saying he arrived with the papers and Max Berry had fired a shotgun. The server had retreated across the street.

Berry had fired the shotgun near the server, toward a tree stump near busy 219th Street, to get the server to leave the property, McCabe said. No one was injured in the blast.


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Monday, July 14, 2008

Judge Dismisses Appeal to Strike Out Poll Petition

Mr. Walter Nyambati Osebe filed an application on February 11, seeking to strike out a petition challenging his election last December as MP for Kitutu Masaba.

Mr Mose Nyambega, a city lawyer and one of the 33 candidates who contested the seat, filed the petition on January 22.

Osebe’s application to cancel the petition was based on two grounds: That he had not been served with the petition and that the petitioner had not complied with the law regarding service of election petitions.




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Wednesday, July 02, 2008

ProVest Opens Maryland Office to Navigate New Foreclosure Laws

Process server management platform ProVest announced Monday that the company has opened a new office in Maryland that will help local attorneys and servicers meet the demands of new state legislation that requires private process servers to personally deliver a notice of foreclosure to homeowners in default before the process begins.

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