Tuesday, December 13, 2011

Service of Process by Email.

Yet another example of how things are changing. This is becoming a common alternative to Physical Service when traditional service methods fail. Some would have you believe that this development is much ado about nothing.



"So long as the method of service is reasonably calculated to reach the defendant and allow the opportunity to object and respond to the litigation, service through e-mail comports with the due process clause," Thynge wrote in her opinion.
For the complete story click here: http://bit.ly/sK6rx8


Remember you heard about this first from SOPLF! The associations follow Service of Process Looking Forward if they want timely, actionable and relevant process serving related content. 
 
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Monday, December 12, 2011

Process Servers Thrown Under the Buss?

This afternoon National Public Radio (NPR) did a story on so called "Debtors Prison".  The story describes how some creditors  are employing the threat of Debtors Prison to enforce consumer debt.   NPR appears to cover the issue fairly.  In response to the NPR story InsideARM (online Accounts Receivables Management resource for Collectors) pointed out that NPR used an anecdotal example to highlight a very complex issue. 

The InsideARM writer defending creditors/collectors and in the process attempted to divert blame for part of the problem by suggesting that Process Servers are part of the core problem.   Below is the quote from InsideARM story.

“Regulators and ARM industry decision makers have long known that the issue of process serving in collection suits needs to be addressed. The FTC held extensive hearings on the matter two years ago, and some states have moved to put their own rules in place to prevent such warrants from being issued.”

The link in the quote above is to a story InsideARM wrote in 2009 entitled "Key Figures Download on Process Servers and Legal Collection Issues".  

To listen to the NPR Story: 
 

Jeff H. Karotkin
Los Angeles, Ca
213 915-6235

Friday, December 9, 2011

Are Private Process Servers More Efficient and Effective than Sheriffs?

Process Servers vs. Sheriffs Infographic

Service of Process on Foreign Corps in the U.S.

United States Senate Bill S. 1946 introduced in the 112th Congress: 2011-2012; would require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers. This is the third time that such a bill has been proposed in Congress. I believe that this bill deserves to be supported by all the state and national associations. If this bill were passed it could mean a new stream of process to be served in the United States.

In the past NAPPS took a neutral position on similar bills. Neither support or oppose; why? Without getting into the merits of the bill and if it is enforceable, why wouldn’t it be a good thing to allow process to be served in the U.S. on foreign entities doing business here? It seems to me that could generate a lot more work for process servers here. Those who are heavily invested in serving foreign process would naturally oppose this bill.

What do you think?

Remember you heard about this first from SOPLF! The associations follow this blog, my SOPLF group and ServeNow if they want timely, actionable and relevant process serving related content.

Jeff H. Karotkin
jeff@karotkin.com
Facebook group : http://www.facebook.com/#!/groups/serviceofprocess/
Twitter: http://twitter.com/#!/SOPLF