Contributed by: Amanda Sexton

How A Property Inspection Is Different From a Home Inspection

Posted by | Foreclosure | No Comments

New Jersey Property InspectionsA property inspection within the foreclosure industry, along with occupancy inspections, are not the same as the typical home inspection most people are familiar with.

A home inspection generally comes prior to the purchase of a residence or building. An inspector will come to look at the entirety of the property, including the structure, exterior, roofing, plumbing, electrical and heating and interior. This is generally a very detailed process which involves testing all devices, outlets, energy sources and heating and air conditioning units.

When moving forward with a foreclosure action, the types of inspections which take place are generally less involved and do not include a complete inspection of the entire property.

The property inspection takes place when a bank or lender wishes to know the condition of the property. This type of inspection also helps determine if a property is vacant and abandoned, which in some states like New Jersey allows the lender to pursue an expedited completion of the action.

Property inspections include information such as:

  • Whether or not the lawn is overgrown
  • Damage to the property
  • Absence of furnishings and personal items
  • Overall condition of property

The occupancy inspection is another piece of the foreclosure process. This type of inspection includes verifying whether the property is owner or tenant occupied. If the property is tenant occupied, the inspection also attempts to get rental amounts, a copy of the lease agreement and the owner’s address and contact information.

Within the foreclosure process the types of inspections involved are sometimes confused with home inspections. The two most common inspections in foreclosures involve less inspection of the inside of a property than a general home inspection and instead focus on the exterior along with the owners and tenants.

Need a property/occupancy inspection? Contact DGR and see how we can quickly get you the information you need to proceed with your foreclosure action.

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International Service of Process Convention

Posted by | International | No Comments

international service of process conventionConventions pertaining to the Hague Convention and international service of process can be difficult for people in the United States to attend as they generally take place once a year internationally. This year though in honor of the 50th anniversary of the 1965 Hague Service Convention and the 45th anniversary of the 1970 Hague Evidence Convention there will be a special convention taking place right in Washington DC.

For those who want to take advantage of the close proximity of this event and the free attendance, you’ll get to hear from a great lineup about everything from the beginning to the future of the Hague Service Convention and international service of process.

Here are the event details:
Monday, November 2, 2015
Georgetown University
Washington, DC

The event will begin at 8:30, with a number of speakers including Secretary General of the Hague Conference on Private International Law Christophe Bernasconi and Hong Kong’s Secretary of Justice Hon. Rimski Yuen.

There will also be panel discussions on the creation of the convention, what’s working and what isn’t with central authorities and how civilians and commons lawyers deal with the conventions.

Expect to also hear on what is coming next and what challenges the conventions are facing.

For more information on the event you can go here.

To register, go here: https://www.law.georgetown.edu/academics/centers-institutes/business/rsvp-hague-conf.cfm.

There are also discounted hotel rates available for those who will be traveling into town for the convention.

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Happy Paralegal Day to All New Jersey Paralegals!

Posted by | Uncategorized | No Comments

All of us here at DGR would like to wish all New Jersey paralegals happy Paralegal Day, as proclaimed by Governor Chris Christie.

Paralegals play an important role in the legal system and we often hear attorneys tell us they are only as good as the paralegals who support them.

Here is the full text of the proclamation:

WHEREAS, the State of New Jersey recognizes the many contributions of paralegals to the legal profession in the Garden State; and

WHEREAS, it is known that paralegals possess important legal skills and perform substantive legal tasks; and

WHEREAS, paralegals provide critical legal services to large and small companies, individuals and public entities throughout New Jersey;

NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New Jersey, do hereby proclaim:

OCTOBER 23, 2015
AS
PARALEGAL DAY

in New Jersey and recognize paralegals as important partners in the delivery of legal services.

New Jersey Paralegals 2015

Share this proclamation with a fellow paralegal and spread the good news.

Have a great Paralegal Day!

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Vote for DGR & Be Entered to Win an iPad!

Posted by | DGR News | No Comments

New Jersey Law Journal - Best Process ServerWE NEED YOUR VOTE!

For the last three years you’ve voted us the “Best Of” in process service, courier service and private investigations in the New Jersey Law Journal’s annual survey. Take two minutes to help us place again this year and you’ll be entered to win an iPad just for voting.

To vote, go to: https://www.surveymonkey.com/r/2015BestOfNJLJ. You’ll find us under:

  • “Best Process Servers” (category 6 under Litigation Support)
  • “Best Courier Service” (category 3 under Office Services and Equipment)
  • Best Private Investigations Firm (category 5 under Litigation Support) as On The Lookout Investigations.

Please note, for your vote to count you must use your law firm email address or the vote and iPad entry will be discarded.

Vote For DGR - Best Process Server

Voting runs until October 30th.

Thank you in advance to all our loyal customers. We couldn’t do it without you!

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Why Your Messenger Service Needs To Be Familiar With Courts

Posted by | Messenger Service | No Comments

New Jersey messenger serviceWhen choosing a messenger service to handle your same day deliveries to courthouses, it’s important to choose a messenger who is familiar with the courts.

In a trial, there are inevitable last minute situations. Having a courier who knows the court system may mean your motion will be filed on time. Otherwise it could mean delaying your case.

A messenger who is knowledgeable with the court system won’t spend time circling the courthouse looking for a place to park. They will know exactly where to go, which parking lot has the best chance of an empty space and when it is worthwhile to spend the money to park when there is a deadline to meet. If they’re a common enough figure at the courthouses, some courts will even let them park directly in front for the time it takes them to run in and make the delivery.

Once they’re in the courthouse, an experienced messenger will know where to bring their delivery. No taking time to read signs or ask for directions. Only an immediate move to where you delivery needs to end up.

Messenger services who are familiar with the courts also know what is and is not allowed in each court. They won’t be trying to bring a water bottle inside with them or being delayed by the many metals items they need to remove to get through the courthouse metal detector. Experienced messengers who know there is only a short time to complete a delivery will know not to wear a belt or bring extra keys or change into the courthouse in order to expedite their trip through the metal detector.

Whether you are a trial attorney with frequent last minutes deliveries or filings going to the courts, or an attorney who is looking for an every- day messenger, it’s important to choose a courier service who is knowledgeable and professional. From personal knowledge of the most efficient way to get into the court including parking and metal detectors to being able to locate the correct destination, an experienced courier service could be the difference between your motion being filed or not.

Is that a risk you’re willing to take? If not, give DGR a call so we can send you our rates for our same-day New Jersey messenger service. With employees and not independent contractors in every county, many of whom have been with DGR for more than 10 years and know the courts inside and out, we can handle any delivery, anywhere.

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National Due Process Day Is Here!

Posted by | Process Server Standards | No Comments

HappyNationalDueProcessWishing you all a Happy National Due Process Day!

We’re excited to be celebrating the role process servers play in helping to protect Americans due process rights.

We encourage you to help spread the word about today and what it stands for. We’ve created a post explaining what the day is all about and how process servers work to make sure everyone is guaranteed a fair trial.

You can also share the image on your Facebook , Twitter, LinkedIn or other social media accounts with a link to this post along with the #DueProcessDay hashtag.

Enjoy your National Due Process Day!

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Florida Process Servers Now Able To Post Deposition Subpoena After 1 Attempt

Posted by | Legislation/Bills | One Comment

SB672 recently passed in Florida, allowing process servers in the state to post subpoenas for depositions for criminal witnesses after 1 attempt has been made.

Any other type of subpoena, including those for trial or any one hearing aside from a deposition, for criminal witnesses still requires three attempts. After the three attempts the subpoena may be posted.

In both situations, the subpoena must be posted at least five days before the witness’s required appearance.

Here is the complete bill text (underlined text represents additions):

1

2         An act relating to service of process; amending s.

3         48.031, F.S.; authorizing a criminal witness subpoena

4         commanding a witness to appear for a deposition to be

5         posted at the witness’s residence by an authorized

6         person if one attempt to serve the subpoena has

7         failed; reenacting ss. 48.196(2) and 409.257(5), F.S.,

8         to incorporate the amendment made to s. 48.031, F.S.,

9         in references thereto; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1. Paragraph (b) of subsection (3) of section

14  48.031, Florida Statutes, is amended to read:

15         48.031 Service of process generally; service of witness

16  subpoenas.—

17         (3)

18         (b) A criminal witness subpoena commanding the witness to

19  appear for a court appearance may be posted by a person

20  authorized to serve process at the witness’s residence if three

21  attempts to serve the subpoena, made at different times of the

22  day or night on different dates, have failed. A criminal witness

23  subpoena commanding the witness to appear for a deposition may

24  be posted by a person authorized to serve process at the

25  witness’s residence if one attempt to serve the subpoena has

26  failed. The subpoena must be posted at least 5 days before prior

27  to the date of the witness’s required appearance.

28         Section 2. Subsection (2) of s. 48.196 and subsection (5)

29  of s. 409.257, Florida Statutes, are reenacted for the purpose

30  of incorporating the amendment made by this act to s. 48.031,

31  Florida Statutes, in references thereto.

32         Section 3. This act shall take effect July 1, 2015.

 

 

               

 

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Upcoming Process Server Events

Posted by | Associations | No Comments

Interested in getting to an event for process servers soon? Here’s a list of upcoming meetings and conferences:

TPSA Annual Convention
September 17-19

Tropicana Riverwalk Hotel
San Antonio, TX

Information and registration: https://www.texasprocess.org/event-1911460

NJPPSA Meeting With Guest Speaker
October 1
6:30pm

LouCas
9 Lincoln Highway, Edison, NJ

The New Jersey Professional Process Servers Association will be hosting a meeting discussing potential legislation protecting process servers against trespass and gaining access to gated communities. Guest speaker Rochelle Moneta from LeRoe Promotional Marketing, who specializes in the legal industry, will be discussing how to stretch your marketing dollars, how to brand your business successfully and how to get new clients in the door.

Information and registration: https://njppsa.org/calendar/njppsa-dinner-meeting-with-speaker/

CALSPro Annual Conference
OCtober 16-18

Monte Carlo Resort & Casino
Las Vegas, NV

Information and registration:https://calspro.org/events/annual-conference/

NAPPS Board Meeting
November 7

Flamingo Las Vegas Hotel
3555 S. Las Vegas Blvd.
Las Vegas, NV 89109

FAPPS Education Class (4 Hour Annual Renewal/Continuing Education)
November 11
9am-1pm

 Hyatt Place Orlando
Orlando, FL

Contact administrator@fapps.org to register

FAPPS Annual Conference
April 15-17, 2016

Embassy Suites Orlando
Kissimmee, FL

Information and registration: https://www.texasprocess.org/event-1911460

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Hawaii Passes Bill Protecting Process Servers From Trespass

Posted by | Legislation/Bills | No Comments

process server no trespassingHawaii recently passed HB87 on June 10th, which protects process servers from criminal trespass.

This protection only applies to process servers who are attempting to serve in good faith and does not apply when the premises are surrounded by a locked gate.  The wording of the rule leaves it open to interpretation as it says “unless the land or premises are secured with a fence and locked gate”. If the property only had locked gate which covered the driveway, it appears the server could walk onto the property without using the driveway. If there is a fence which surrounds the property but there is only a latch on the gate, then the server is also able to enter the property without fear of trespass charges.

The rule also indicates the servers must be attempting to serve the owner or occupant of the land or premises, an agent of the owner or a lessee. It is unclear if this rule applies to a server attempting to serve an individual who they know is currently at the location (visiting a friend, staying a few nights temporarily, etc.), but does not fall into any of the previously listed individuals.

Here is the full addition to the rule:

(2)  Subsection (1) shall not apply to a process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to serve process upon any of the following:

(a)  An owner or occupant of the land or premises;

(b)  An agent of the owner or occupant of the land or premises; or

(c)  A lessee of the land or premises.

“Process server” means any person authorized under the supreme court rules or section 353C-10 to serve process.

 

For the complete bill and text regarding trespass go here.

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The Role of Due Diligence in Due Process

Posted by | Process Server Standards | No Comments

due diligence in due processDue diligence helps to protect every American’s right to due process, protected by the 5th and 14th amendments.

Due diligence is required in service of process, which means a diligent effort must be made to effectively serve the appropriate individual. Attorneys can pursue alternate methods of service, such as mail or e-mail, if the traditional method has failed to result in effectuated service. However, a judge will not approve alternate service unless the attorney can prove due diligence and a good faith effort at service.

Without  the due diligence requirement, an attorney could claim they attempted service twice at an address an individual was known to reside at 5 years ago and then mail the service. As part of due diligence, an attorney will likely be required to provide adequate evidence they have attempted to locate an updated address for the individual.

Judges will take into consideration the cost of an extended search as well as they type of case. For example, in a divorce proceeding where the wife has not seen the husband in the past two years the judge will usually require an effort to locate an updated address. Should service fail at the updated address service via publication is usually granted without much argument.

The right to due process guarantees everyone’s right to a fair trial, and due diligence means individuals are being adequately attempted to be notified of any matter they are involved in. This notification provides individuals with the opportunity to take action and be aware of the situation rather than being caught off guard.

Without due diligence, it is entirely possible to see judgments being entered where the defendant has no knowledge or homes being foreclosed on while the homeowners who were renting out to tenants received no proper notification.

Want to know more about process servers’ role in the right to due process? Learn more about National Due Process Day, a whole day devoted to the part process servers play in this very important right.

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