Process Service Legislation in Full Swing in Florida

Posted by | Legislation/Bills | No Comments

process service legislationThe Florida Association of Professional Process Servers (FAPPS) has been very diligent in staying on top of process service legislation.

FAPPS awareness of legislative issues allowed them to be an active part of having wording changed on two bills which are set to impact process servers. The first bill, HB 651, would allow the Department of Financial Services to create a system for accepting service of process documents electronically.  In order to ensure traditional process service was not completely eliminated, a meeting with FAPPS and the department resulted in making sure the amendment is in addition to standard service of process. The Department of Financial Services has stated their intent with this bill was to make sure service couldn’t be sent to them via certified mail.

FAPPS was also able to intervene on behalf of its members in a bill that is still is being drafted. The Florida Bankers Association (FBA) is seeking to create a central authority for process service to be made, essentially a registered agent for any company conducting business in Florida. Thankfully the FBA agreed to remove wording which would have allowed for service by mail or other delivery service. Wording is still included which required service by a trusted third party authorized to serve.

For FAPPS original proposed suggestions go here.

FAPPS is also looking to include a new bill to amend Chapter 48.031 to allow for service on virtual, executive or mini office suites such as a Regency and to allow for service to made on the person in charge the same way it would be upon a private mail box location.

In recognizing through the OASIS proposal the impending use of electronic service of process, FAPPS is also seeking to amend Chapter 49 to add in a definition of what “electronic service” is and to include a provision that electronic service via social media can only be made by a trusted third party authorized to serve in Florida.

FAPPS is looking for assistance with seeking sponsors for the bill and asks members to reach out to any member of Senate or Congress they may know to see if they will help in sponsoring the bill.

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CALSPro Amends Best Practices to Include Electronic Service of Process

Posted by | Electronic Service of Process | No Comments

electronic service of processThe recent OASIS proposal has moved along an existing conversation by the CALSPro association and has resulted in the inclusion of electronic service of process in their best practices.

The OASIS proposal seeks to suggest the use of e-service as well as set standards associated with it.  CALSPro, along with NAPPS and NJPPSA, submitted comments in response to the proposal but also felt it was important to take the initiative in changing their own association’s best practices to stay current with changing times and technology.

The new standards stress the importance of due process and personal service as the preferred initial method of service and electronic service of process as a secondary means.

In keeping with the comments submitted to OASIS by national and state-level associations, CALSPro has also included the need for a disinterested third party to ensure due process rights are protected during electronic service.

The new best practices also include:

  • Parties should be required to consent to electronic service of process
  • A receipted transaction is required
  • Manner and method should mimic standards for physical service of process
  • Reliable proof documents were received should be provided

The document also lists specifics to be included with electronic service of process documents.

For the full addition to the best practices click here.

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Process Servers: How To Deal With Police

Posted by | Process Server Tips | 7 Comments

process servers and policeAs a process server, there is the chance a subject will say they are going to call the police. Here are several potential situations you may run into and how to deal with them.

This information is originally from the NYSPPSA Conference and was presented by Bernard Hughes.

Situation: The subject says you’re trespassing and you need to leave the property.

Your response should be: 

Leave.  Don’t stay on the property for another second, as once the individual tells you that you are trespassing on private property you can face criminal charges if it’s someone’s private residence. Businesses can be a grey area, but you are better off leaving the property and eliminating any potential liability.

Situation: The subject says you need to leave the property and they are going to call the police.

Your response should be:

Leave the property but make sure to wait for the police officer to arrive. If you don’t stay, the police officer only gets one side of the story and you may need to deal with the situation later. Getting to speak with the officer as the situation occurs will only help you so you can explain why you were at the premises. It may in fact help you, as some officers will be encouraged to assist you in getting the individual served.

If you have been waiting for some time and the police officer doesn’t show, you may want to call the station to check that the officer is not on their way before you leave. Sometimes people say they are going to call and don’t follow through, but on the chance they have you should double check.

If you don’t feel safe waiting near the location of the subject, you can call the local station and explain the situation. You can ask if the responding officer can meet you at another location.

Situation: Your interaction with the subject turns into a physical altercation.

Your response should be:

Defend yourself only to the extent necessary while trying to get out of the situation as quickly as possible. As soon as you can, call the local police.

There have been situations where the police will not file charges. If you truly believe that the situation is grievous enough to warrant charges, you can request for them to call a supervisor. If they refuse or say their supervisor is not available, you can request a copy of the report. Once you have the report you can go to the District Attorney or town attorney for the area where the incident occurred to pursue charges.

 

Above all in any of these situations, always be professional. Yelling, being rude or escalating the situation will never help your case.

UPDATE 1/18/2016: In response to the feedback of other process services and the experiences of DGR’s own process servers, it should be noted that when individuals say they are going to call the police, this can actually be a good thing for the server. As Randy Mucha from Firefly Legal says “I’m happy to have an uncooperative defendant call the police so they can then verify the caller’s identity and witness the service. Makes for a solid affidavit”.

What has been your experience dealing with police as a process server? Do you have any tips for other servers?

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DGR Ranked One Of The Top Process Servers On Twitter For Fourth Year In A Row

Posted by | DGR News | No Comments

Process server on Twitter

 

 

 

 

DGR has been ranked fourth as part of Serve Now’s annual rankings of top process servers on Twitter for 2015 for the fourth year in a row.

This is the fourth year in a row DGR has made the top four and it’s been great to see the addition of new voices to the process server Twitter community. Being active on Twitter is an incredibly useful way to share information and communicate about news and events related to process service.

Congratulations to everyone who made the list! Be sure to follow us on Twitter @DGRLegal to stay up to date on the latest process service news and tips.

For a full list of the top process servers on Twitter: https://www.serve-now.com/articles/2150/top-process-servers-on-twitter-2015

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On The Lookout Investigations Voted “Best Of” Investigations Company By Legal Community

Posted by | Investigations | No Comments

best of investigations companyFor the third consecutive year, DGR’s sister company, On The Lookout Investigations, has been voted the “Best Of” in private investigations 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.

“Since launching On The Lookout Investigations in 2010 we’ve heard great feedback from our client base”, says Jerry Colasurdo, President and owner of DGR. “We work hard to make sure our pricing is competitive and clients are getting the information and evidence they need to move forward with cases, settle if possible and win trials.   We know there are plenty of private investigations companies in New Jersey and we’re honored to be recognized as one of the best by the legal community.”

On The Lookout Investigations offers a full range of investigative services, including asset searches, surveillance, witness statements and skip tracing. On The Lookout’s sister company, DGR, also won in the “Best Of” survey in the categories of process service and messenger service.

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DGR Voted “Best Of” Messenger Service By Legal Community For Fourth Year In a Row

Posted by | DGR News | No Comments

best of messenger service new jerseyFor the fourth 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.

“The results of the survey are thanks to our clients who recognize the quality of our messengers, many of whom are long-time employees that are extremely familiar with the court systems”, says Jerry Colasurdo, President and owner of DGR. “Having employees instead of independent contractors and the level of service that comes along with that is a big part of what sets DGR apart from our competitors. We have our clients to thank for recognizing that and taking the time to vote for us.”

With more than 85 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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DGR Voted “Best Of” In Process Service By Legal Community For Fourth Year In a Row

Posted by | DGR News | No Comments

Best Of Process serviceFor the fourth consecutive year, DGR – The Source for Legal Support has been voted the “Best Of” in process 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.

“DGR’s commitment to excellence and customer service is a part of our every day, without fail”, Jerry Colasurdo, President and owner of DGR says. “We aim for speed, efficiency and competitive pricing, wrapping up the package with responsive customer service and staff you want to call and talk to. I can’t thank our loyal clients enough for their appreciation of what we do and taking the time to vote.”

With more than 85 employees, DGR offers local, national and international process service to firms of all sizes.  DGR also won the “Best Of” in messenger service and its sister company, On The Lookout Investigations, won in the Private Investigations and Security category.

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Ugly Sweater Day at DGR

Posted by | DGR News | No Comments

Ugly Sweater Day has reached DGR! The office celebrated with a day in the office full of ugly sweaters all around and a contest. Not only did people wear ugly sweaters, the second place trophy came topped with an ugly sweater! Tis the season.

1st Place DGR Ugly Sweater Day WinnerFirst Place: Kasey with her homemade ugly sweater!
2nd Place DGR Ugly Sweater Day Winner

2nd Place: Melissa, also with a homemade ugly sweater!

DGR Office - Ugly Sweater Day

Everyone was getting into the holiday spirit!

Helen & Laura - DGR Ugly Sweater DayMelanie, Ed & Kim - DGR Ugly Sweater Day Bob & Carina - DGR Ugly Sweater Day Kasey - DGR Ugly Sweater IMG_0523 IMG_0524 IMG_0525

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OASIS Proposal and Its Potential Impact on Process Service

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OASIS ProposalRecently the National Association of Professional Process Servers (NAPPS) notified state associations about a proposal put out by the OASIS LegalXML Electronic Filing Technical Committee that has the potential to impact the process service industry.

This proposal suggests the use of e-service and standards associated with it.

Both NAPPS and the New Jersey Association of Professional Process Servers (NJPPSA), along with other state associations, have submitted comments to the committee.

Within these comments both NAPPS and NJPPSA have accepted the use of e-service as a means of secondary service (not to replace initial service attempts). As technology advances there is no doubt e-service will become a more common occurrence and the proposal by OASIS simply serves as a way to preemptively coordinate the best way to effectively handle e-service.

Rather than attempt to completely fight against e-service and the future, the state associations and NAPPS have presented the case for a need for a ‘Trusted Third Party’ to be involved. There are several reasons for this need, the primary one being the same reason a process server is needed within regular service – to ensure an unbiased individual is overseeing the process of ethically and legally obtaining jurisdiction in a legal matter. Without such an individual, there becomes a risk of claims of completed service and conveniently deleted supporting electronic documentation, as well as the possibility of fraudulent email trails and service.

It is important to be on the forefront of this discussion and for process servers to ensure they are actively involved in the development surrounding standards and laws of e-service. State associations as well as individual process servers should be taking note of any potential e-service committees, bill introductions or discussions happening within their state and inserting themselves into the discussion.

I have no doubt this topic will become a more prominent one within the process service industry. It is up to all of us to make sure process servers have a place in this new form of service.

For a copy of the OASIS proposal go here.

For a copy of NAPPS’ response go here.

For a copy of NJPPSA’s response go here.

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Save the Date: 2016 Florida Association of Professional Process Servers Annual Conference

Posted by | Associations | No Comments

Save the date for the Florida Association of Professional Process Servers (FAPPS) 25th Annual Conference coming up in 2016!

When:

April 15-17, 2016

Where:

Embassy Suites Orlando Lake Buena Vista South

4955 Kyngs Health Road

Kissimmee, FL 34746

The conference will include:

  • Networking
  • Educational seminars
  • Exhibitors
  • Elections
  • Annual Meeting

Key an eye out for more details and registration information as the date gets closer.

To see more information, visit www.fapps.org.

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