Saturday, November 14, 2009

ProVest Opens California Office

Carrie Bay - DS News.com - October 28, 2009

ProVest, a national process server management company, has opened an office in California to support the state’s needs with evictions, litigation, and home retention efforts.

According to ProVest, the new office provides local attorneys, trustees, and mortgage servicers with resources necessary to personally notify California homeowners of pending events and opportunities related to foreclosure and foreclosure prevention.

Read the rest of the story:
ProVest Opens California Office

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Stipulated judgments: the 'secret' savior

By Erica Sandberg - creditcards.com
Being sued for debt? This is one option you should know about

Many distressed borrowers react by avoiding problems. Robert Hild, CEO of AXZAS, a nationwide process server management company, reports that an astonishing 95 percent of those served never file a response to the summons and complaint or appear in court. "They know they owe the debt, so they throw their hands up in the air," says Hild. "They want to ignore it. But in many cases, the account has already been charged off, and the creditor may be willing to bend."

Read the rest of the story:
Stipulated judgments: the 'secret' savior

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HALL v. NORTON - Service by publication invalid

Legal.com

Court of Appeals of Washington State

Service by publication requires reasonably diligent efforts to locate the defendant by exhausting all information readily available. Randy Hall's mail to Tracey Norton and Darren Kossen at their last known address was returned stamped with "no forwarding address." Hall's attorney "conducted research on the internet." A prior attempt to serve Norton and Kossen at the last known address was unsuccessful when a woman in the house refused to come to the door. No other details were offered in support of service by publication. Hall knew the name of Kossen's employer and Kossen's prior address, but did not describe any efforts to pursue those leads. Hall's reliance upon "research on the internet" is vague and general. Because Hall did not support the service by publication with a showing of reasonable diligence, the default judgment taken based upon that service is void. We reverse.

Read the whole brief here:
HALL v. NORTON - Service by publication invalid

Kenya Process Server Not Registered

Kenya Broadcasting Company - Walter Dzuya/Simon Achola - November 12, 2009

Foreign Affairs Minister Moses Wetangula Thursday challenged the validity of service of petition papers by an unregistered process server.

The case filed by 2007 election loser John Walukhe was adjourned early this month after the court of appeal was informed of fresh evidence.

Moses Wetangula lawyer told appellate judges Erastus Githinji, Alnashir Visram and Joseph Nyamu that Thomas Ndiku the man who attempted to serve him with petition papers was not registered as required by law.

The defense lawyer notified the judges that High Court Judge Roselyn Wendo had in September 2008 ruled that the man was not a registered Process server.

The matter was adjourned to allow the lawyer of Walukhe to file his replying affidavit.

Read the rest of the story:
Process Server Kenya


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Homeowners don’t see the payoff

Clients stuck as firm bounces refi checks
Mary Ellen Podmolik - Chicago Tribune - Friday, November 13, 2009

Jeff Franson refinanced his mortgage in early April, switching from Chase to SecurityNational Mortgage.

But as he mowed the front lawn of his Mokena, Ill., home one sunny Saturday last month, a process server drove up and handed Franson papers saying that Chase planned to foreclose on the house.

Franson was current on his SecurityNational mortgage, but a $93,702.51 check that Counselors’ Title Co. had cut to pay off his old Chase loan had bounced. Chase was filing for foreclosure after months of calls and letters between Franson, his lawyer and the firms involved failed to resolve the matter.

Read the rest of the story:
Homeowners don’t see the payoff

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Estero bride-to-be faces foreclosure despite paying her bills

naplesnews.com - By AISLING SWIFT - November 14, 2009

ESTERO — Natalie Pickens of Estero opened the door of her Fountain Lakes home one May night and found a process server standing on her doorstep.

He handed her a notice of foreclosure.

“I was like, ‘That’s pretty weird. I’m pretty sure we’ve paid the bills,’” the 22-year-old Pickens said she told him.

Read the rest of the story:
Estero bride-to-be faces foreclosure despite paying her bills.
http://www.naplesnews.com/news/2009/nov/14/estero-bride--be-faces-foreclosure-despite-paying-/

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Wednesday, November 11, 2009

Escondido man allegedly shoots process server

By Staff - SDNN: San Diego News Network - November 11, 2009

A process server was recovering from a gunshot wound in his leg today and the man who allegedly shot him was in custody, an Escondido police official said.

Burk Neal Ashford, 65, allegedly shot the 50-year-old process server around 9 p.m. Tuesday outside Ashford’s home in the 1400 block of Red Bark Road, said Escondido police Lt. Bob Benton.

Ashford called 911 and said he’d shot the victim in the leg, Benton said. Escondido police officers responding to the call were flagged down by the victim on the street, he said. The victim was taken to Palomar Medical Center in Escondido and treated for a non-life threatening gunshot wound, Benton said.

Read the rest of the story:
Escondido man allegedly shoots process server

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Tuesday, November 10, 2009

4 options when police call about debt

Justin Harelik - Bankrate.com - November 10,2009

Q: Recently I got a call from the police. They told me that a creditor has filed a lawsuit against me as a result of a personal loan from that lender. I made payments and I could not make payments anymore because I lost my job. Now I am still without a job and can't afford to fight any legal battle. What should I do?


A: I completely understand the approach you took to your financial distress: head in the sand. You simply could not pay the debt and could not afford to respond to the lawsuit that the creditor filed against you. So you decided the best approach was to do nothing and hope that ignoring the problem would resolve it. This is not uncommon, but unfortunately, the sheriff's department in your county or town is very aggressive and acts on this type of judicial order.

Here is basically what happened: The lender considered all available options when you started to miss payments. The lender sent letters and made phone calls asking for payment. These collection efforts went unanswered. You had a good reason since you had no job and could not pay. But the creditor does not care.

Then the lender filed a lawsuit against you. The lender was supposed to serve you with papers regarding the lawsuit. This does not always happen. As I have written before, some unscrupulous lenders serve you via "gutter service," meaning the lender's process server -- the person that hands you the lawsuit papers -- simply discards the papers into the gutter and claims he or she served you with them.

Read the rest of the story:

4 options when police call about debt

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Buffalo Grove trustee to get name of anonymous poster

Buffalo Grove trustee to get name of anonymous poster who chatted with her son on newspaper Web site

Judge says only she should see identity; woman then to decide on whether to file lawsuit

By Georgia Garvey - Chicago Tribune - November 10, 2009

Buffalo Grove Village Trustee Lisa Stone should be told the name of the man she accuses of making defamatory online comments about her 15-year-old son, a judge ruled Monday in a case being watched for its Internet privacy implications.

Cook County Circuit Judge Jeffrey Lawrence ordered that the identity of a person known online as Hipcheck16 be turned over to Stone.

"I'm determined that there will be protection on the Internet," particularly for children, said Stone, who was elected in April.

The man posted "deeply disturbing" comments to her son in the aftermath of a bruising election battle, Stone said, adding that once she learns his identity, she will decide whether to file a lawsuit seeking damages.

The comments were posted online April 9 to a story that ran on the Daily Herald's Web site on April 6, the day before the election in which Stone won a seat.

When the newspaper's lawyers said they only had the person's Internet Protocol address, Stone sought the identity from Comcast, the poster's Internet provider.

The judge ruled that only Stone and a process server -- should she decide to take legal action -- may be told the identity of Hipcheck16. Barring an appeal, he said, the court would turn over the information to Stone after another hearing set for Nov. 18.

Read the rest of the story:
Buffalo Grove trustee to get name of anonymous poster
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Saturday, November 7, 2009

Lindsay's Dad Served in Gosselin Lawsuit

TMZ Staff - Nov 7th 2009 - TMZ.com

When Michael Lohan returns home from his trip to Boston this weekend, he'll have a present waiting for him -- courtesy of the lawyers at TLC.

Read the rest of the story:
Lindsay's Dad Served in Gosselin Lawsuit

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Sunday, November 1, 2009

Unwed parents difficult to track

By Rita Price - THE COLUMBUS DISPATCH - November 1, 2009

A car is in the driveway, but that might not mean much.

Penny Huston knocks on the door and hopes that the person who answers matches the name on the court document in her hand.

Nope.

"She says he doesn't live here anymore," Huston said. "It goes this way a lot."

At least a hundred times a week, the process server for Subpoena Service Plus parks outside a house or taps a car window or maybe even pretends to deliver flowers -- whatever it takes to serve the court papers seeking support for a child.

Read the rest of the story:
Unwed parents difficult to track-----------------------------------