Contributed by: Amanda Sexton

Some Nevada Process Servers Exempt From Licensing Requirement Under New Bill

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Nevada process serversWhile Nevada requires process servers to be licensed, AB128 would grant an exception to Nevada process servers in cases where the individual completing service isn’t compensated.

The italicized text below shows the proposed changes:

Section 1. NRS 648.063 is hereby amended to read as follows: 2 648.063 [An]

  1. Except as otherwise provided in subsection 2, an unlicensed person who performs a single act for which a license is 5 required has engaged in the business for which the license is required and, unless exempt from licensing or performing an investigation pursuant to NRS 253.220, has violated NRS 648.060.
  2. A natural person who without compensation serves legal process must not be deemed to be engaged in the business of process server and the provisions of this chapter relating process servers, including, without limitation, the requirement to obtain a license to engage in the business of process server 3 pursuant to NRS 648.060, do not apply to such a person.

 For the full text of the bill go here.

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Congratulations to the 2017 New Jersey Professional Process Servers Association Board

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Congratulations to the 2017 New Jersey Professional Process Servers Association Board.

The new board was elected on February 18th, 2017 at the NJPPSA meeting at Maggiano’s in Cherry Hill, NJ.

The board for the upcoming year is:

President: Amanda Sexton
Vice-President: Michael Doyle
Treasurer: Ethel Smith
Secretary: Analise Ezparza
Board of Directors:
Bernard Hughes
Kevin Robbins
Brian Zavodnick

2017 New Jersey Professional Process Servers Association Board

 

Congratulations! Looking forward to seeing what NJPPSA accomplishes in 2017.

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Bill Giving Process Servers Access to Gated Communities Withdrawn

Posted by | Legislation/Bills | One Comment

Viprocess servers access to gated communitiesrginia SB 823, which would have given process servers access to gated communities, was withdrawn by Senator Wexton on January 23rd.

Introduced on November 11, 2016, this is the third time a bill has been introduced into the Virginia legislature in an attempt to grant process servers access to gated communities and multi-family residential dwellings.

Until the bill is passed, process servers have to resort to various other tactics in order to effectuate service. One of the most effective techniques when denied access to a gated community by a security guard is to mention § 18.2-40:

“Every person acting jointly or in combination with any other person to resist or obstruct the execution of any legal process shall be guilty of a Class 1 misdemeanor.”

Even that option however is not 100% effective. The passage of SB 823 would have provided process servers a clear path to the completion of service, even if access to the gated community was denied.

It is likely the bill will be re-introduced in the next session and Virginia process servers are hopeful that this time it will be passed.

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Colorado Introduces Bill To Address Denial of Access to Gated Communities

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Colorado process serverIntroduced on January 19th, HB17-1095 would allow a process server to serve process upon another person when the process server is denied access to the subject’s residential community by a security officer.

While some states look to gain access to gated communities for the purposes of effectuating service, this rule goes one step further in allowing servers to serve the security guard at the gate. In addition to delivering the papers to the security personnel at the location, the documents must also be mailed at the address of the party to be served.

This bill also addresses security devices such as swipe access to gates. In the event a security device is present, then the process server can contact the property manager or a managing agent of the residential community to request access. Should the property manager or managing agent refuse to grant access, the process server can then leave the documents in a conspicuous location and mail a copy of the documents to the last known address. This also applies if the security personnel refuses to grant the process server access or to accept to the documents on behalf of the subject.

To read the full bill text go here.

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What VA SB 823 Means to Process Servers in New Jersey

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process servers in New JerseyVirginia currently has a bill pending which could positively impact the ability of process servers in New Jersey to pass similar legislation.

VA SB 823 allows entry for the purpose of service of process to multi-family dwellings and restricted access communities. While other states have passed similar legislation, those states have either licensed or registered process servers, effectively creating a list of individuals to cross check who is claiming to be accessing the property in order to effectuate service. New Jersey is similar to Virginia in that it does not have any licensing or registration requirements – anyone who is over the age of 18, not a party to the matter and of sound mind can serve.

Virginia has addressed how to ensure individuals accessing the property are truly there for the service of process – they of course must need to meet the rule requirements for process servers in the state, but they must also provide “a valid identification and evidence of the process to be served”. The valid identification could be a driver’s license or a government issued ID, which would provide an individual manning the access points to a restricted access community to sufficiently identity said process server. The evidence of the process to be served substantiates a process server’s reason to be granted access and will show the name and address of the individual to be served.

These two pieces combined – the valid identification of service – can be applied to the potential future introduction of similar legislation with New Jersey. The passing of SB 823 would help set a precedent in states where there is no government held list of process servers within said state, providing a much-needed avenue to still be able to gain access to gated communities and expedite the completion of service and the judicial process.

While we always keep a close eye on any bills that will affect the process service industry, this is one all process servers in New Jersey will be following! Best of luck to Virginia process servers.

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Celebrating Debbie Colasurdo & 30 Years with DGR

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This January, we’re celebrating Debbie Colasurdo’s 30 years with DGR!

Debbie was working as an x-ray tech after recently graduating nursing school when her husband Jerry asked her to come work for him and handle the accounting at his process service company, DGR. The biggest leap of faith in the job transition? Not getting paid to start! With DGR just beginning, the two jumped all-in and committed to making DGR the best it could be.

30 years later DGR has grown into a 90 person company and a big part of that is owed to Debbie’s diligence in a wide number of areas, including assessing potential opportunities, making sure the accounting books are taken care of and handling all areas of human resource issues

Debbie has worked tirelessly over the years to build DGR, bringing her two girls into the office while she worked. Dara and Dianna have learned from an early age about the process service business and remember plenty of nights in the backseat driving around while Jerry and Debbie served. That in itself reflects a lot of what DGR has been about since the start – family. No matter what they were doing, they were doing it together and having fun while they were doing it.

That attitude has carried over into the DGR culture, where many employees consider themselves a part of the “DGR family”.

Debbie has committed to making DGR a pleasant place for all of the staff to come. She has always said that she wants DGR to be the kind of place where she would want to come to work to every day as an employee and she’s certainly succeeded. Many of the staff have been here for 10, 15 or 20 years and there’s a reason why.

Without her, things at the office would be very different for sure. Thank you Debbie for all you’ve done for DGR!

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VA SB 823 Would Grant Process Servers Access to Gated Communities

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access to gated communitiesVirginia SB 823 would give process servers access to gated communities and multi-family residential dwellings for the purpose of service of process.

“An employee or agent of an owner of multifamily residential real estate or a common interest
48 community, as defined in § 55-528, exercising physical control over common entry points to restrict
49 access to the multifamily residential real estate or the common interest community shall grant entry to a
50 person attempting to execute service on a party who resides in, occupies, or is known to be present in
51 the multifamily residential real estate or the common interest community, provided that the person
52 attempting to execute service (i) is authorized to serve process as set forth in § 8.01-293 and (ii)
53 presents to the owner, or its employee or agent, a valid identification and evidence of the process to be
54 served.”

This bill could be a huge benefit to Virginia process servers, who have all no doubt encountered situations where effectuating service was either difficult or impossible due to the subject residing in a gated community.

The bill also benefits the legal community as a whole. No longer will cases be delayed due to individuals being unable to be served due to their residence being a part of a multi-family or restricted access community. Instead, the judicial process will be expedited.

Additionally, the legislation serves to protect the integrity of due process rights and the rights of every citizen to be adequately notified of legal matters concerning them.

If passed, Virginia would join Illinois, Washington, Florida and California as states where specific rules allow process servers entry to gated communities. Unlike these other states however, Virginia does not have registered or licensed process servers. In order to gain entry the legislation requires process servers to be allowed to serve under Virginia rules as well as provide “a valid identification and evidence of the process to be served”.

SB 823 was introduced by Senator Jennifer T.  Wexton on November 9th, 2016.

For the full text of the bill go here.

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Service of Process Via Facebook Denied

Posted by | Electronic Service of Process | No Comments

Service of Process Via FacebookYet again the courts have made it clear in order for service of process via Facebook to be approved, proof of authentication and active use of the profile are needed.

In a recent denial of request to serve by Facebook in a divorce matter, a Brooklyn judge ruled the plaintiff hadn’t provided enough evidence the Facebook profile in question belonged to the defendant and that he communicated regularly using the account.

The plaintiff in this case sought to pursue service of process via Facebook as she had tried to serve the defendant personally and efforts to locate a new address for him turned up nothing. She believed he had been deported and is residing in Saudi Arabia, a country that is not a signatory of the Hague Convention and where service, according to the plaintiff, could not be guaranteed and would be costly.

The judge in this case acknowledged service by Facebook as a viable option for alternate service but did not feel confident in the account’s authentication. Despite the plaintiff’s assertions that she communicated with the defendant on Facebook, there were no annexed copies of the correspondence submitted with the request.

“Granting this application for service by Facebook under the facts presented by plaintiff would be akin to the Court permitting service by nail and mail to a building that no longer exists” wrote Judge Jeffrey S. Sunshine.

It’s important to note that the opinion cites the plaintiff’s comments that she has “made every effort to locate” the defendant to serve him personally. In this case Facebook is again being used as an alternate rather than initial method of service, once proof of due diligence has been provided. Simply attempting service at one address is not adequate due diligence either. The counsel in his affirmation also states they have attempted to locate a new address through the New York Department of Motor Vehicles and military service lists. They have also looked to check to see if there was any public record change to any of his government issued ID, which there hadn’t been.

This ruling provides reassurance that service of process, regardless of the method, will continue to abide by due process rights and actually providing notice to the defendant. In this particular case there wasn’t enough proof for the court to grant approval for service by Facebook, setting a standard for all future requests.

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DGR Voted “Best Of” In Messenger Service by Legal Community For Fifth Year

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best messenger serviceFor the fifth consecutive year, DGR – The Source for Legal Support has been voted the “Best Of” in messenger service companies in New Jersey by the legal community in the annual New Jersey Law Journal “Best Of” survey.

Anyone who works at a law firm is eligible to cast their vote in the survey, which covers a broad range of legal support service providers, from litigation support to financial services to technology.

“Many of our messengers have been with us for years, some more than 20. Their experience when it comes to the court systems and best routes shows”, says Jerry Colasurdo, President and owner of DGR. “We have our clients to thank for recognizing that and taking the time to vote for us.”

With more than 90 employees, DGR offers same-day messenger service in New Jersey for firms of every size. DGR also won the “Best Of” in process service for its national and international process service and its sister company, On The Lookout Investigations, won in the Private Investigations and Security category.

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