Contributed by: Amanda Sexton

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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The Role of Occupancy Inspections in Foreclosure Cases

Posted by | Foreclosure | No Comments

occupancy inspection in foreclosure casesOccupancy inspections are becoming a standard practice in foreclosure cases in New Jersey and with good reason.

When a home is being foreclosed on, it can’t be assumed the people living there are the owners. Oftentimes there is someone renting out the house which means different rules and procedures need to be followed. It also means due diligence needs to be conducted to track down where the owners actually do reside.

Occupancy inspections provide information on the current residents of the dwelling , particularly if they are tenants. Rental amounts are attempted to be collected, along with a copy of the current lease.

Vacant homes can also be determined through a separate type of inspection – a vacant and abandoned inspection. An occupancy inspection can quickly become a vacant and abandoned inspection upon noticing more than 15 key signs, including an overgrown lawn and an electric meter which has been turned off, etc.

Vacant and abandoned inspections, with New Jersey, can expedite the foreclosure process. It is important to choose an experienced occupancy inspector or vacant and abandoned inspector to make sure the lender is following all the necessary laws and compliance requirements in a foreclosure matter.

Looking for an occupancy inspection or a vacant and abandoned inspection? Contact DGR to see how we can help.

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National Due Process Day Is Coming

Posted by | Process Server Standards | No Comments

National Due Process Day - September 25thNational Due Process Day is almost here!

National Due Process Day is coming up on September 25th. The purpose of this day is to recognize the role process servers play in the justice system by protecting an individual’s right to due process.

While some may see process servers in a negative light, process servers help give people a chance to challenge and prepare for any action against them, including foreclosure , divorce proceedings, lawsuits and monetary claims and the potential to collect on old judgments and liens.

How to show your support

Want to show support? Post this image on your website. Simply copy and paste the following into your site code:

<a href=”https://www.dgrlegal.com/process-server-standards/national-due-process-day-september-25th/”><img src=”https://www.dgrlegal.com/wp-content/uploads/2015/08/WebsitePatch_NationalDueProcessDay.png” alt=”National Due Process Day” width=”150″ height=”150″ border=”0″></a>

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. Meant for the general public, the post explains what Due Process Day is and the importance of a process server to due process rights.

Spread the word and show how process servers help protect Americans due process rights!

Check out this video the National Association of Professional Process Servers put together back in 2012 when they first introduced National Due Process Day.

 

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National Due Process Day – September 25th

Posted by | Process Server Standards | No Comments

National Due Process Day – September 25th, 2015

National Due Process Day - September 25thWhat is National Due Process Day?

The purpose of this day is to recognize the role process servers play in the justice system by protecting an individual’s right to due process.

Aren’t process servers always bearers of bad news? Shouldn’t I be running away?

Process servers often do bring news of foreclosure, divorce proceedings and lawsuits. While not the best of news, by doing so they are protecting your right to due process and a fair trial.

Running away won’t stop the case from moving forward. If a process server can’t serve you or a member of your household, the court will issue approval for alternate service methods such as mail and publication in a local newspaper to be used in place. Once those are completed the case will still move forward.

The difference is you’re physically receiving the documents relating to a case you are somehow involved in. Knowing what is happening allows you to defend yourself and decide what steps to take, rather than taking no action and finding the case has been resolved without your participation, resulting in a judgment against you or even foreclosure.

As process servers, we want to make sure you know what is going on so you have the right to be involved and treated in fairness in accordance with your court rules and your due process rights.

Why September 25th?

The 5th amendment was introduced on September 25th. Along with the 14th amendment, the 5th helps to protect due process rights of all Americans and preserve the right to a fair trial.

 

Help spread the word about National Due Process Day and share this with your friends, family and co-workers! We have some handy tools below you can click you easily share a link.

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Can You Serve Someone In Prison?

Posted by | Process Server Standards | No Comments

serve someone in prisonCan you serve someone in prison? Many people think not, but the truth is you can absolutely serve a subject who is in prison.

There are pros and cons to serving a subject who incarcerated, but at the end of the day service can usually be effectuated.

Serving an individual in prison means we have an accurate address for them and they are going to be at that address for a determined amount of time.  This is a benefit in an industry where individuals can evade service by simply not returning home for a number of days, keeping an extremely irregular schedule or can be difficult to find due to frequent moves.

Despite being in prison however, an inmate can refuse to see a visitor. This means while a process server can go to a prison and attempt service, if the prisoner refuses to come meet an unknown visitor then service cannot be effectuated. In these cases alternate methods of services can usually be pursued but the courts will generally require an attempt at personal service prior to any alternate methods.

It’s also important for a process server must be aware of the rules of a particular prison and its warden, and the best ways to attempt service. Since the increase in security regulations in recent years in prisons, many facilities have changed their procedures and having a process server who is familiar with the procedures of different prisons can help facilitate completing service.

Need to serve someone who is currently in prison? DGR has plenty of experience with the process. Contact us today to see how we can help.

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Court Allows First Case of Service of Process Via Text Message

Posted by | Electronic Service of Process | One Comment

Service of process text messageA court has granted the first ever instance of the use a text message to serve an individual.

The temporary protective custody order was issued by Judge Laura Cordero of the District of Columbia. As part of the complaint against the defendant, the plaintiff cited many instances of unwanted text messages, which according to Serve Now including more than 280 text messages. The abundant use of text messaging no doubt influenced the court as to the defendant’s knowledge of and frequency of use of the technology.

As with many of the interesting methods of service we’ve seen recently (Facebook, Twitter, e-mail), multiple instances were made to locate and serve the individual through traditional methods including multiple stake outs and attempted service at the defendant’s workplace. Service by text message was not the initial method of service attempted.

With more than 90% of American adults owning a cell phone, this ruling could have interesting implications for alternate methods of service.

For more details, go here.

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Illinois Association of Professional Process Servers Applies for Charter Membership

Posted by | Associations | No Comments

The Illinois Association of Professional Process Servers (ILAPPS) application for charter membership to the National Association of Professional Process Servers (NAPPS) will be voted on at the national association’s upcoming meeting on August 8th.

The meeting information is as follows:

Date: Saturday, August 8th, 2015 at 9:00am

Location: Philadelphia Marriott Downtown

1201 Market Street, Philadelphia, PA 19107

Phone 215-625-2900

Since its inception in 2010 ILAPPS has achieved a number of laudable goals, including passage of a bill making assault against a process server a felony.

To learn more about the Illinois Association of Professional Process Servers or to apply for membership go to www.ilapps.org.

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