Economic Downturn is an Upturn for Some

A bad economy isn't bad for everyone.

While business may be booming, serving evictions and foreclosures exacts a toll on employers like Ody Eire, who owns Ody's Professional Process, a process server in Lehigh Acres.

"It's pretty sad," she said. "I've served people where I've sat down with them for an hour, telling them it will get better. I've cried with people. It's tough because I'm a female and we're emotional."

Wants Process Server Rules

Four years ago, the Smith brothers, Tyrone and William, had plans to develop a condo project on property they inherited at Fulton and Dwight streets.

But a foreclosure notice involving their property at 110 Fulton Ave. - that was either properly served or not - killed those dreams.

Based on his belief that the foreclosure notice was mishandled, state Assemblyman L. Harvey Smith, D-Jersey City, has proposed legislation aimed at regulating process servers.

There are currently no requirements to become a process server.

Did you Hear the One About Buddy Johnson?

So did you hear the one about the process server who spent 18 days trying to track down an elected official who never seemed to be in his office and whose employees seemed clueless as to his whereabouts?

And how, later at a deposition, that same elected official couldn't seem to answer dozens of questions about office procedures?

Oklahoma Process Server Discusses Finding Process Servers to Deliver Court Documents

Scott Malan of Malan Investigations offers tips for lawyers on how to find process servers who will get the job done correctly.

One of the first things Malan recommends is finding somebody who belongs to a nationally recognized association.

"You want a licensed process server who's bonded, belongs to a professional organization, and does the job full-time," Malan said. "That's the only way you'll get the best service."

House Bill 365 Means New Industry for Process Servers

David Kopel, President of legalpapers.net, explains his company, House Bill 365 and its repercussions to LawyersandSettlements in a phone interview.

LawyersandSettlements (LAS): What is a process server and what does your company do?
David Kopel (DK): We are a private process-serving company, where an independent citizen delivers court papers—such as foreclosure notices.

LAS: Isn't that what a sheriff does? What is the difference?
(DK):A sheriff is paid a salary and works 9 to 5. We go anywhere, any day, any time and we get paid when documents are delivered. We pick up the slack.

ProVest Expands as Business Grows

Tampa, Florida-based ProVest, a process server management firm, is expanding its Elmhurst, Illinois location by 3,000-square feet to accommodate a stronger demand in the marketplace for the company's services.

Scott Strady, chief executive officer of ProVest, says an influx of new business is prompting the foreclosure industry to turn to ProVest. In turn, the company is growing rapidly to meet these new demands and corporate expansion is gradually becoming a company pattern with ProVest doubling its space last year alone.

Lawsuit Alleges Candidate Doesn't Live in District

Three Valencia County residents have filed a lawsuit in district court challenging whether a candidate running for the State Representative Dist. 8 seat lives where he says he does.

Tony Orr, Frank Pando and Fermin Lopez have filed suit against Democrat Salomon Montaño, alleging that he does not and has never lived at an apartment located behind his sister's bar business on Becker Street in Belen, which Montaño claims as his address.

Knock on the Door Might Mean Foreclosure

Whether it's on the gritty streets of Bunche Park or in the marbled lobbies of condos on Brickell Avenue, everyone seems to know Seth Gissen -- or at least his kind.

Grim and focused, he is known by the stack of papers under his arm, the way he peers in windows, jots down tag numbers, and queries neighbors or the concierge. When he knocks on the door, it is loud, brisk and authoritative.

Sam Still Avoiding Restraining Order

Six days after Britney Spears' parents successfully filed a restraining order against Sam Lutfi, her near-constant companion and supposed "manager," an official for the court confirms to OK! that the singer's friend has still yet to be served with the document.

Allan Parrachini, the press officer for the court, announced Thursday morning that process servers have been unable to hand off the order to Sam, who the restraining order alleges has attempted to control every aspect of Britney's life.

Negotiating the Path to Keeping a Home

Paul Helikson stepped into the swirling snow on the steps of the Deschutes County Courthouse on a Thursday morning just before Christmas and barked out the legal singsong that brought an all-too-familiar end to a homeowner’s dreams.

Another day, another foreclosure auction.

Helikson, a legal process server, works with most of the trustee companies that handle foreclosure operations in Central Oregon for the country’s major lenders, and business has been booming. The frequency of his legally scripted courthouse-steps auctions has gone from one every few days to about 15 a week as the real estate market has worsened, Helikson said. Still, it’s something that no one connected with the process enjoys.

Deposing Cheney Not Easy

Denver attorney David Lane wants to know what Dick Cheney remembers about a 2006 encounter in which a Golden man was arrested after making an anti-war statement to the vice president.

But deposing the vice president of the United States, it turns out, is easier said than done.

Clemens' Attorney Changing Ways to Serve McNamee

Offense has been Roger Clemens' defense these past few weeks, and the seven-time Cy Young Award winner took another shot Thursday at Brian McNamee in his continuing effort to discredit his former personal trainer.

Clemens' attorney, Rusty Hardin, released a "motion for substituted service" to show that Clemens has been unsuccessful in his attempt to physically serve McNamee -- who told federal agents and baseball steroids investigator George Mitchell that he injected steroids and human growth hormone into Clemens -- the papers for his defamation lawsuit, which was filed Jan. 6.

Clemens' Camp Says it's Tried to Serve Papers to McNamee

Representatives for Roger Clemens fired back at Brian McNamee's camp on Thursday after McNamee's lawyer called Clemens' vow to file a defamation suit against his client a "public relations ploy."

Joe Householder, a spokesman for Clemens' lawyer, Rusty Hardin, accused McNamee of avoiding being served papers.

New-style Private Investigating Firm is a Family Affair

With GPS capabilities on cars and phones and skip-tracing made easier with the Internet, private investigation isn't what it used to be.

Couple that with the focus Excel's taken in the past years - process serving - and there are days when employees don't leave their lush office chairs.

"It's not as glamorous, but somebody has to do it," Keith said. "You're not going to find this guy at a rock concert then track him down to his seat and say: 'Here. You're served.' "

Process Serving Benefits County

County courts and offices must handle a great deal of paperwork as efficiently as possible to operate smoothly. One way to ensure individuals involved in court matters receive information in a timely and efficient manner is to deliver it personally.

Carroll County Sheriff Tony Burns talked with the Comet last week about process serving, a method used by courts to ensure legal documents are delivered to residents in a timely and official manner.

The sheriff's office is charged with process serving. The benefits of the system make it worthwhile according to Burns.

I’ve Been Shot – I Mean Sued!

Consider this scenario: You are in your office working on an important business matter. Your assistant informs you that a deputy sheriff is in the lobby and would like to see you. Worried, you go outside to meet the deputy. He asks you to confirm your identity. As soon as you do, he hands you a Summons and Complaint. You say: “What is the meaning of this?” He says: “Call a lawyer. Have a nice day.”

As soon as the papers are in your hands, you have been sued. It happens. If you run a business, whatever its size, it is almost inevitable that you will get sued at some point by a customer, competitor, disgruntled former business partner or employee, or other person who thinks your business has done something wrong. What should you do when that day comes?

Photo Tickets Can't Just Be Mailed

Wondering what to do if a camera catches you speeding? Phoenix attorney Brian Cabianca says if you get your ticket in the mail, you don't have to pay it right away.

"They have to be served either by a police officer or a process server -- with the ticket -- and they have to be served in person," Cabianca said.

ProVest Partners with Process Server Toolbox

ProVest, a national process server management company dedicated to improving the default servicing industry, today announced that it has partnered with Database Services, Inc. (DBS), the makers of the popular Process Server’s Toolbox (PST) software, to provide an interface that reduces reporting time and data entry for process servers facing record-high foreclosure volumes.

PST allows process serving companies of any size to manage the data tracking work in progress and produce affidavits of service, invoices, statements, server reports and more. The integration with ProVest will automatically update PST data into ProVest’s proprietary management system, TRACKER. In addition to saving hours of reporting time, the interface also increases accuracy.

Magistrate Admonishes Defendant for Harassing Process Server

Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates’ Court on 29th November 2007 defended a court process server when one Buba Silla, the plaintiff, told the court that the defendant, Salim Keita, had acted rudely towards the process server when the latter took a writ of summons to the defendant. The plaintiff however countered that the defendant insulted him. The defendant denied it.

In his intervention, Magistrate Mbackeh asked the process server whether what the plaintiff said about his encounter with the defendant was true and the process server confirmed it.

Magistrate Mbackeh at that point expressed his displeasure with the defendant, admonishing him that the process server was only on an official mission to issue him summons. He went on to say that the process server was not a party to the case between the plaintiff and the defendant, noting that the defendant ought only to receive the summons from the process server and go to court to defend himself.

Britney’s Pal Sam Lutfi Gets Served

One of the most recent figures in Britney Spears’ life, Sam Lutfi has been subpoenaed by Kevin Federline's lawyer and will be questioned in January in the custody case.

The news was confirmed by a source close to Lutfi who said he was served earlier this month for a deposition. "There is nothing to hide," the source was quoted by People as saying.

Woman With Same Name as Driver Who Caused Crash Sued Mistakenly

A suburban Chicago traffic accident was pinned on a New York woman who says she has never even been to Illinois.

Not only has Eva Kowalski of the Bronx, New York, never set foot in Illinois, she doesn't have a driver's license and says she's never even driven a car.

But that didn't prevent her from being named in a lawsuit as the person at fault in a DuPage County smash-up.

Boy George Ordered To Stand Trial

Last week a process server posing as a fan seeking an autograph got an unsuspecting George to sign a court order for $75,000 owed to Club GAY USA promoter Kasia Saleh.

George had been booked to play at the club but canceled after being busted for cocaine in New York in 2005.

Hiring A Bodyguard Isn't Just For The Rich And Famous

It's because of this risk that many people who are involved in a legal situation find themselves in need of a bodyguard. He or she may be scheduled to testify against a gang member, may be a whistle blower within an organization, or may even be an expert witness for the prosecution. In order to avert the risk, a bodyguard is brought on as an intermediary – someone who will stay with the witness and identify an increasing threat before it gets out of control.

Therefore, when hiring a bodyguard, prosecutors often look to someone who they know that they can trust such as a private investigator to provide the service.

Diddy Gets Served

Sean "Diddy" Combs was caught off guard Friday night (October 19) and served with lawsuit papers for his assault charge against night club promoter, James Waldon.

According to TMZ, the mogul was entering his flagship Sean John store in Manhattan for a launch party celebrating his new women's line. As the process server tried to hand Diddy the papers, his bodyguards reportedly smacked them to the ground and Diddy rushed inside the building.

Missing Summons Almost Cost Kalamazoo County Agency $1 Million

A missing court summons nearly cost Kalamazoo County's public mental-health agency $1 million.

How it got lost and where the summons is now remains unclear.

In May 2006, a summons was served on the Kalamazoo Community Mental Health and Substance Abuse Services in connection with a wrongful- termination lawsuit filed by a former employee.