Why You Should Choose a Licensed NYC Process Server

The constitution requires under “due process of law” that a person be notified of a legal proceeding before that proceeding can take away his “life, liberty, or property”.  To this end, state legislation requires that specific legal documents (i.e. subpoenas, summonses, three day notices, etc.) be “served” upon a person to guarantee an opportunity that they are heard in court.  In New York City, this is why it is important to hire a licensed process serving agency like DJ&H Process Service, Inc.

New York law does not require a specific person to “serve” legal documents, only that the person is not a party to the action, and is at least 18 years of age. However, there is a high demand for  professional and experienced “process servers”.  Inexperienced 3rd party individuals are not as likely to be successful executing difficult serves or responsibly filing an affidavit of service. Attorneys need professional process servers whom they can rely on to carry out their client’s rights and interests.

The position of process servers may not be as prestigious as attorney’s, judges, or even court reporters. However, their role is just as indispensable as long as “due process” is woven into our constitution. Frequently process servers will act as couriers and will find and pull court document for attorneys. Attorneys also have a strong need to have “court runners” to file their documents. An “attorney service” will file documents in addition to providing service of process for their clients. Process server companies in contrast do not always file documents for their clients as a service.

Common sense is sometimes the best method for choosing almost any service. When you call up an attorney service or process server company, does someone answer the phone? Do you have to go through a voice menu and press 3 digits before you can talk to someone? Does someone return your call? How long does it take to receive a returned call? A quality process server company will show enthusiasm and an interest in helping you when you call.

Obviously testimonials and referrals are useful. However, in their absence, it might be helpful to understand who is doing the serving. When working with an attorney service, it’s very possible that the person your talking to on the phone has no idea whose going to handle the serve 95 miles away, as he delivers to you his promises and commitments.

Here are some questions to ask: Who will perform the serve? Is it the entrepreneur owner, or a subcontractor? Maybe the sub of a sub? 2) How many attempts will be made for the fee charged? If  “unlimited,” ask what is meant by that. 3) Is there a charge for mileage? 4) Any internet information on the company? 5) Usually particularly good placement on google means they can charge more. Therefore, compare prices. 6) Ask when you will receive an update. The court imposes time limitation on the proper service of all legal documents. You ought to receive an update when you ask for one. 7) You’re going to want to provide as much information as possible regarding where the subject can be served and when. Communicating this will lower costs because it makes it easier to do the job. In addition it holds them accountable. A good process server or company will provide peace of mind as a part of the service.  Picking DJ&H Process Service for your process serving needs in New York City is the right start.  They are able to serve documents in all boroughs of the City.  Brooklyn, Queens, Staten Island, Manhattan and the Bronx.

http://djhprocessservice.net/why-you-should-choose-a-licensed-nyc-process-server/

Assaulting a Process Server is now a Crime in New York City

After years of deliberation and talking about it, legislature has finally made into law for it to be a crime in New York City for a person inflicting injury on process servers to prevent them from doing their jobs a crime.  For New York City process servers, this has always been a challenge.  Many members of our professions have left as a result of being injured or assaulted by persons who have inflicted injury on them.  Besides Department of Consumer Affairs legislation, this issue is a reason many people decide not to pursue a career in the field of process serving.

A bill signed by Gov. Andrew Cuomo adds to second-degree assault provisions of state Penal Law, §120.05, the crime of inflicting an injury on process servers “with intent to prevent or obstruct” the performance of their duties.  The law also stipulates that it should be considered assault by a person who seeks to prevent a process server from doing his job by “releasing or failing to control an animal” such as a dog.

Second-degree assault is a Class D felony in New York punishable by up to seven years in prison.

In a letter to Gov. Cuomo in June, the head of the state Professional Process Servers Association, Larry Yellon of Orchard Park, said the level of “hostility and aggression” toward process servers has increased in recent years and sometimes escalated past verbal abuse to physical violence.  Yellon said process servers are an integral part of the judicial system by providing a direct link between the parties and the courts.  “They don’t deserve to be brutalized for simply doing their jobs,” he wrote to Cuomo.

Yellon said previously to enactment of the new statute, those injuring process servers could only be charged with misdemeanors.

The bill was sponsored by state Assemblyman J. Gary Pretlow, D-Mount Vernon, and Sen. Catherine Young, R-Olean. Cuomo signed the bill Aug. 19.

This is a big step in the right direction for the industry and will assist NYC process servers in doing their jobs more efficiently in the future.

http://djhprocessservice.net/assaulting-a-process-server-is-now-a-crime-in-new-york-city/

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When an NYC Process Server Can Prevent a Loss by Legal Technicality

Subpoenas must be delivered five days before the scheduled hearing. This is why efficient NYC process servers like those from DJ&H Process Service can deliver the documents as early as within the day. While process servers usually operate on weekdays, state law doesn't prohibit the serving of subpoenas on weekends. If properly served, subpoenas alone can be a game changer in civil or criminal cases. Anyone who defies a legitimate subpoena may find him or herself facing an extra contempt charge.
http://djhprocessservice.net/when-an-nyc-process-server-can-prevent-a-loss-by-legal-technicality/

Why Hire a NYC Process Server? Statute of Limitations on Foreclosures

Foreclosure is a serious issue that is quite personal for borrowers whose homes are in danger of being taken away from them. However, banks, mortgage lenders, and secondary lien holders also have the right to protect their investments under the law. To be fair to both borrowers and lenders, therefore, the law has instituted governing measures for foreclosures, including the statute of limitations.
http://djhprocessservice.net/why-hire-a-nyc-process-server-statute-of-limitations-on-foreclosures/

From Print to a Process Server in NYC: On Serving an Eviction Notice

As a paralegal, you are often tasked with preparing documents that facilitates court processes in behalf of your New York firm’s clients, and in housing courts, eviction is one of the most frequently served. Other than writing up the papers and printing the documents, you also look for a reputable process server in NYC for help. Here are some basic facts about eviction notices.
http://djhprocessservice.net/from-print-to-a-process-server-in-nyc-on-serving-an-eviction-notice/

From your Desk to a Process Server in NYC: The Subpoena Duces Tecum

In general, people have the right to keep sensitive records and documents from the public eye, but if you’re representing somebody in court and the opposing party refuses to grant you access to certain files, you also have the legal right to compel him through a subpoena, more specifically, a subpoena duces tecum. To do so, you will have to request the court for one, complete all the necessary requirements, and have a legitimate and reputable NYC process server like those from DJ&H Process Service, Inc. serve the subpoena to the respondent.
http://djhprocessservice.net/from-your-desk-to-a-process-server-in-nyc-the-subpoena-duces-tecum/

A Reputable Process Server in NYC Helps You Move the Case Forward

"There are a lot of things that need to be filed in order to get the case rolling, such as the answer, the discovery, and the motions among others. These documents should be filed to the recipients as soon as possible. However, the plaintiff may not have the time to deliver the documents himself. A friend or a sheriff may not be capable enough to do the job either. If this is the case, then it is imperative for the task to be relegated to reputable NYC process servers. Such professionals like those who work for DJ&H Process Service, Inc. will not only help the plaintiff effectively deliver the documents to the parties involved, but also provide better communication at a much faster rate. This alone is plenty of reason for time-pressed plaintiffs to rely on their services and focus on more important matters… like winning their case."
http://djhprocessservice.net/a-reputable-process-server-in-nyc-helps-you-move-the-case-forward/