Process Server History Archives - DGR Legal

Happy National Due Process Day!

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September 25th is National Due Process Day. As process servers, this day is especially important to us – it’s at the very essence of our jobs.

Serving an individual provides them with notification about a matter involving them. Proper service provides an opportunity to address the matter, an integral part of their due process rights.

An individual’s due process rights are part of why we work hard to be professionals in the industry. Serving is more than just handing someone a paper. It’s due diligence, knowing the rules associated with every type of service not just in New Jersey but around the country and globe, and making sure day in and day out we’re treating everyone with respect.

Without proper service, individuals can have judgments entered against them, be foreclosed upon and have divorce proceedings entered all without notification. Our job is to make sure people have a chance to challenge and prepare for any action entered involving them.

So 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.

Since the introduction of National Due Process Day in 2012 we’ve worked to spread the word and show everyone, not just those in the legal industry, the importance of due process rights and the role of process servers.

Want to show your support? Share this article and let everyone know about National Due Process Day!

National Due Process Day

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5 Things That Happened in Process Service in 2014

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Process Service 20142015 saw some interesting legislation changes as well as the continuation of NYC issues with the DCA. Let’s take a look at 5 things that happened in process service in 2014.

Florida almost loses private process server program in Orange County

In August, the Sheriff’s Department of Orange County, one of the largest counties in Florida, announced they would be phasing out the private process server program. Thankfully due to the work of FAPPS and other process servers, Chief Judge Lauten signed an administrative order creating a certified private process server program in Orange County, essentially overriding the Sheriff’s decision.

While private process servers will have to pay a fee, take a written examination and be certified, they will still be able to serve in Orange County as a result.

New York continues DCA battle

New York City process servers and NYSPPSA saw their lawsuit against the Department of Consumer Affairs (DCA) dismissed in August. The complaint had focused on the subpoenas being issued with express directives to prevent the recipient from notifying anyone, violating the right to counsel among other accusations.

Despite this, New York process servers did score some victories against the DCA this year. A concession was granted allowing process servers who failed the required exam to find out which questions they answered incorrectly. A grace period was also granted to process servers back in February when the DCA failed to send out license renewals with adequate time to respond.

Florida process servers get easier access to service at work

An amendment to a Florida statute passed this year will make it easier for process servers to serve at an individual’s place of work. The statute states Florida employers must allow the service of process on an employee or face a fine.

Illinois process servers gain access to gated communities

Thanks to passed SB 3286 Illinois process servers now have access to gated communities while serving.

New York assault bill placed on hold

While New York successfully saw a bill making assault on a process server a felony pass the Senate, it was not placed on the Assembly’s agenda for this year. It is hoped to be voted on next year.

 Let’s see what 2015 brings for the process service industry. Wishing everyone a happy New Year!

Happy New Year 2015

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6 Big Things That Happened in Process Service in 2013

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As we head into a new year, let’s take a look back at what’s happened in the process service world in 2013:

ServeNow introduces “Don’t Shoot the Messenger” Campaign

We’ve all received some heat for being the bearers of bad news, but part of what process servers do is protect every individual’s right to due process. ServeNow put together an excellent campaign trying to get that message across to the public.

This is part of a larger campaign, Promoting Assault Awareness and Protective Regulations for Servers (PAAPRS).

Part of the campaign includes a video with facts and testimonials from process servers and appeals to the public to remember – “don’t shoot the messenger”. If you haven’t already seen the video, make sure to check it out and send to your friends.

New York Process Servers Take Tremendous Hit Following New DCA Rules

A report put out by NYSPPSA shows that following the implementation of the new DCA rules, NYC process servers have seen a dramatic 60% decrease in license renewals. Exorbitant fines, costly new GPS requirements and burdensome logbooks have all been contributed to the decrease

Another Bill Is Introduced To Protect Process Servers

Washington introduced HB 1131, which would make assault against process servers a third degree provision. After being reintroduced in May, it was reintroduced in November and has seen no action since.

Michigan Bill Excludes Process Servers From Trespassing Penalties

SB 321 will allow Michigan process servers to enter private property without fear of trespassing and being subject to criminal penalty. The Michigan court website lists the bill as anticipated to be signed into effect by the Governor on December 31st.

Maryland Defeats Senate Bill 554

 In a display of the power of state associations, MAAPPS worked to defeat a Senate Bill that would have a serious impact. The bill would have required a one million dollar bond for all process service companies, with additional fees for process servers who would have to be employees under the bill.  According to a ServeNow interview with MAAPPS President Steve Harris, this would have cost the average company $15-20K just to stay in business. With only 10 days to prepare, MAAPPS grabbed the wheel and through emergency meetings and hearings, MAAPPS was able to defeat the bill.  Success! 

New York Judge Allows Service of Process Via Facebook

A Manhattan federal judge has ruled that the Federal Trade Commission can serve five defendants based in India through Facebook.

 

What’s one of your most significant process serving memories of 2013?

Wishing everyone a happy and healthy New Year!

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Process Servers in New Jersey: A Changing Industry

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The history of process service has changed more over the past ten years than ever before, especially within New Jersey. With wait times of ten to thirteen weeks for service of process in the past to today’s industry average of five days, the speed with which process is served has changed drastically. The ability use private process servers instead of the sheriff, along with several large technological advancements have worked together to create a completely different paced industry than ever before.

Within New Jersey, process servers did not always have the right to serve initial process without needing to obtain the signatures of the individuals by acknowledgement of service. Prior to 2000 in New Jersey all private process servers were unable to serve original service of a Summons and Complaint.  Under the early rules process servers in New Jersey were required to obtain a signature on an Acknowledgement of Service from a person being served for the service to be considered valid (and you can imagine how that wasn’t always the easiest task).

Beside the signature requirement, there were only two other ways a process server in New Jersey could serve:

  1. Attorneys needed to obtain an order for special appointment for a process server from the court to allow a private process server to serve the initial papers.  This was only allowed on selected matters, such as a case in which an individual leaving the country for six months within the next two weeks, since the sheriff would need at least 3-6 weeks to serve it.
  2. If the sheriff was unsuccessful in their attempts, then a private process server could attempt service.

The New Jersey Professional Process Servers Association lobbied for this change and was successful in its actions.  Law firms supported this option as the timeline for service was considerably reduced in addition to the fact that process servers were willing to attempt service at all hours, increasing the rate of service.  Process servers in New Jersey have highly benefited from this, as it cleared the way for the servers to handle a much larger caseload.

The widespread standard use of email has also contributed to shortened service time. With almost instantaneous delivery of files email has gotten rid of the need for lawyers to wait until their documents are delivered by regular mail to process servers. Previously if there was an issue within a file it would need to be sent back to the lawyer to correct and then sent back to the process server, adding on several days to the total case time. Today the file is simply sent back to the client via email, adjustments are made and the file can still be sent out on the same day if necessary.

As the industry continues to expand and develop there is no doubt that there will be several other major changes within process service to look forward to.

 

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