In July of this year New York Attorney General Andrew M. Cuomo filed a complaint against SERVES YOU RIGHT, INC and DAVID WARSHALL. The complaint alleged that the defendants engaged in fraudulently business practices, making false representations on affidavits of service throughout Long Island and New York City.
Seven days later, a Consent Order and Judgment was entered in this case permanently enjoining the defendants from being involved in or being employed by any process serving companies or process serving activities. SERVES YOU RIGHT, INC was required to immediately cease operations within 60 days of the Order. DAVID WARSHALL was also ordered to pay a fine to the NY AG's office in the amount of $50,000.00 within ten (10) days of the order.
The complaint can be found at this link. The Consent Order and Judgment can be found at this link.
This action is part of an ongoing investigation by Attorney General Cuomo into unlawful debt collection practices. Since commencing the statewide initiative in May 2009, Cuomo has shut down more than a dozen debt collection and affiliated process serving companies and required others to reform their deceptive practices.
For decades, if not centuries the act of serving process has remained largely unchanged. The profession is currently at a critical crossroads, it is facing significant challenges to its image and ability to keep pace with technological advances in today’s constantly changing marketplace. If the private process serving profession hopes to be a part of the solution to these and other problems they need to EMBRACE CHANGE rather than resist it.
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