Process Server Blotter: Process Server Harassment Lawsuit Appealed
January 10, 2012
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In the News
Each week ServeNow combs the web for the latest and most interesting industry news stories to bring you the Weekly Process Server News
Process Server Harassment Lawsuit Appealed
BEAUMONT, TX -- The city of Beaumont is asking for a stay in a lawsuit alleging that its police authorities harassed Beaumont process servers employed by Klein Investigations & Consulting. The city is alleging that a judge should have granted a plea to the jurisdiction. Klein Investigations & Consulting claims that in several instances police officers with the Beaumont police told its process servers that they were stalking and criminally trespassing, even though Klein Investigations & Consulting alleges that its process servers did nothing wrong.
BEAUMONT, TX -- The city of Beaumont is asking for a stay in a lawsuit alleging that its police authorities harassed Beaumont process servers employed by Klein Investigations & Consulting. The city is alleging that a judge should have granted a plea to the jurisdiction. Klein Investigations & Consulting claims that in several instances police officers with the Beaumont police told its process servers that they were stalking and criminally trespassing, even though Klein Investigations & Consulting alleges that its process servers did nothing wrong.
To read the full article, click here.
Judge Says Process Servers May Serve Condo Receptionist
MIAMI, FL -- Carlos Sosa filed a lawsuit against Verabella Falls Condominium Association, and had the association served with papers in the case. The affidavit of service found that the papers were served to a receptionist at the association’s offices but the association did not reply to the papers and a default judgment was made in the case. The Verabella Falls Condominium Association appealed, arguing that process servers should abide by Florida Statutes which outline corporate hierarchy and the way that service of process should be carried out, with attempts to serve the highest members of a company first. However, a judge with the District Court of Appeal of Florida disagreed that process servers acted incorrectly in serving the receptionist.
MIAMI, FL -- Carlos Sosa filed a lawsuit against Verabella Falls Condominium Association, and had the association served with papers in the case. The affidavit of service found that the papers were served to a receptionist at the association’s offices but the association did not reply to the papers and a default judgment was made in the case. The Verabella Falls Condominium Association appealed, arguing that process servers should abide by Florida Statutes which outline corporate hierarchy and the way that service of process should be carried out, with attempts to serve the highest members of a company first. However, a judge with the District Court of Appeal of Florida disagreed that process servers acted incorrectly in serving the receptionist.
To read the full article, click here.
Constables May Become Only Process Servers
OBION COUNTY, TN -- Obion County is considering making constables civil process servers only, removing all law enforcement authority from the position. A committee will consider the issue on January 17. After an investigation into constables, Commissioner Danny Jowers concluded that there is no clear information about who constables answer to and no way to ensure that constables complete required training. As a result, Jowers concluded that the constables should be fired, made into process servers only, or work must be done to determine who is liable and answerable for them. There are currently nine constables in the county.
OBION COUNTY, TN -- Obion County is considering making constables civil process servers only, removing all law enforcement authority from the position. A committee will consider the issue on January 17. After an investigation into constables, Commissioner Danny Jowers concluded that there is no clear information about who constables answer to and no way to ensure that constables complete required training. As a result, Jowers concluded that the constables should be fired, made into process servers only, or work must be done to determine who is liable and answerable for them. There are currently nine constables in the county.
To read the full article, click here.
Role of Mayor as Process Server Out-of-Date?
WHEATON, IL -- The City Council in Wheaton met to discuss a number of issues, among them the definition of the mayor’s duties. According to the City Code, the Mayor can vote on all questions before the council. The code also defines the mayor as a civil process server which is out of date, according to experts, because it based on statutory authority which no longer exists. The city council has considered redefining and clarifying the definition and role of the mayor.
WHEATON, IL -- The City Council in Wheaton met to discuss a number of issues, among them the definition of the mayor’s duties. According to the City Code, the Mayor can vote on all questions before the council. The code also defines the mayor as a civil process server which is out of date, according to experts, because it based on statutory authority which no longer exists. The city council has considered redefining and clarifying the definition and role of the mayor.
To read the full article, click here.
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