Will Service of Process in New York City via Facebook become the norm?

Service of process in New York City divorce actions are more stringent than in many other case.  In divorce proceedings, the plaintiff must make sure the defendant is notified of the divorce action. So, a divorce defendant must be “served” with the summons, which means the divorce paperwork needs to be handed directly to the defendant. This method of service is called “personal service.”

The person serving the papers on the defendant cannot be one of the parties to the case, which means one spouse cannot serve the other. The server can be a friend, relative, or a process server hired by the plaintiff, and must be at least 18 years old.

The plaintiff can “serve” the defendant in any of the following ways:

• Personal Delivery: the defendant is handed the court papers.
• Substituted Service: personal service on someone who lives/works with defendant and is mature enough to give him/her the papers and first-class mailing to defendant’s last known address/place of business (envelope must say “personal and confidential” and not mention the lawsuit.)
• Service by Publication: If the defendant can’t be found, the court will allow an official notification of the divorce proceeding to be published in a newspaper.
• Alternate service: Any other method of service the court decides is appropriate.

Recently New York Courts have allowed Alternative Service via Facebook in situations where all other avenues have been exhausted.  Although many people believe that service via social media will become the norm, it doesn't seem to be according to the circumstances on why the judge allowed service via facebook.  In Ellanora Arthur Baidoo v. Victor Sena Blood-Dzraku, 48 Misc.3d 309, 2015 N.Y. Misc. LEXIS 977 (N.Y. Sup. Ct. Mar. 27, 2015), the judge in Brooklyn ordered that the divorce papers must be sent to the husband over Facebook "once a week for three consecutive weeks or until acknowledged." In the matter, the husband kept in touch with his wife by phone and through Facebook, but that he had no fixed address and refused to make himself available to be served. After all other conventional methods of service failed, he vacated his last known address in 2011, he had no job, the post office had no forwarding address for him, there was no billing address linked to his prepaid cell phone, and the DMV had no record of him -- the judge allowed service through Facebook.  It seems that the plaintiff has to use every avenue available to serve a party.  Also there is another factor that the party to be served may be attempting to evade process as well.

From this we can see that service of process using social media will not become the norm.  It might be used in special circumstances that will have to be outlined specifically before being used.  If you are in need of service of legal papers in New York City call DJ&H Process Service.  We can help with all your needs.

http://djhprocessservice.net/will-service-of-process-in-new-york-city-via-facebook-become-the-norm/

Traverse Hearings and Why You Need a Licensed NYC Process Server

When serving papers in New York, there are always issues on whether the legal documents are served correctly on a particular.  If they are not served correctly, the person that should have been served can go into court and allege that service was improper.  The Court can decide that a traverse hearing be held in order to deem whether service is proper or not.  At this point, the process server would have to go into Court and testify as to how s/he effectuated service on the particular individual.  These issues always come up in Courts in New York City most of all because of the volume of service and process servers incorrectly serving at the wrong location.  This could be in any of the boroughs of Queens, Brooklyn, Manhattan and Bronx because of the density of the boroughs.

According to New York State law, before a court can render a judgment against you, it must first acquire Personal Jurisdiction over you.  Personal jurisdiction is obtained by serving you with a summons and complaint; but, you must be properly served.  Here are the ways you can be served:

• Personal Service – delivering a copy of the Summons and Complaint to you personally;
• Suitable Age and Discretion Service – delivering a copy of the summons and complaint to someone in your home of “suitable age and discretion” (someone competent enough to pass the papers on to you);
• Nail and Mail – After at least two failed attempts at personal or suitable age and discretion service, the process server may post a copy of the summons and complaint to the door and mail a copy to your last known address.

When you file an order to show cause challenging service of process, there are four possible outcomes for an Order to Show Cause to vacate a default judgment:

1. The motion is denied on all grounds and the judgment stands.
2. The court grants the motion and dismisses the case for clack of personal jurisdiction because the affidavit of service is facially defective (i.e., what the process server has alleged does not constitute proper service) or the defendant has documentary evidence sufficient to refute the truth of the process server’s claims (e.g., proof that the defendant did not reside at the place where service was effected, proof that the defendant or person of suitable age and discretion could not have been served at the time and place alleged).
3. The motion is granted to the extent that the judgment is vacated but denied as to dismissal of the complaint. In this case, the court will generally grant the defendant a certain period of time to answer the Complaint if he or she has not already done so.
4. The Court schedules a traverse hearing to determine whether service is proper. At a traverse hearing the burden is on the debt collector to call the process server as a witness and testify as to the service. The Court either decides at the hearing that service was improper as a matter of law and dismisses the Complaint without prejudice or, more likely, orders plaintiff to re-serve the Complaint properly. The Court might allow re-service of the Complaint right there in court.

Pursuant to New York General Business Law Section 89-cc, a process server is required keep a log including the details of the service.  The log must include:

“legible record of all service made by him as prescribed in this section. Such records shall be kept in chronological order in a bound, paginated volume. […]. The record to be maintained shall include the following information, where applicable: (a) the title of the action or a reasonable abbreviation thereof; (b) the name of the person served, if known; (c) the date and approximate time service was effected; (d) the address where service was effected; (e) the nature of the papers served; (f) the court in which the action has been commenced; (g) the index number of the action, if known; (h) if service is effectuated pursuant to subdivision four of section three hundred eight of the civil practice law and rules or subdivision one of section seven hundred thirty-five of the real property actions and proceedings law, a description of the color of the door to which the summons is affixed; (i) the process serving agency from whom the process served was received, if any; (j) type of service effected whether personal, substituted or conspicuous; (k) if service is effected pursuant to subdivision one, two or three of section three hundred eight of the civil practice law and rules, the record shall also include the description of the person served, including, but not limited to sex, color of skin, hair color, approximate age, height and weight and other identifying features; (l) if service is effected pursuant to subdivision four of section three hundred eight of the civil practice law and rules, the record shall also include the dates, addresses and time of attempted service pursuant to subdivision one, two or three of such section; (m) if the process server files an affidavit of service with the court, his record shall include the date of such filing.”

At the traverse hearing the process server must have this log available and be able to testify about the details of the alleged service.  In practice, especially with older cases, the process server cannot be found and if he or she is found, either can’t recall the details of the service or has failed to maintain his or her log.

Our process servers here at DJ&H Process Service are compliant with the rules of law and are fully licensed with Department of Consumer Affairs.  They are familiar with Traverse Hearings and what the Courts will be looking for at the hearings.  They will be able to testify that service was proper as traverse hearing should need be.  Call DJ&H Process Service for service of process.

http://djhprocessservice.net/traverse-hearings-and-why-you-need-a-licensed-nyc-process-server/

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/