Showing posts with label service of process. Show all posts
Showing posts with label service of process. Show all posts

Tuesday, October 29, 2013

Serving Legal Documents on Celebrities

By Nelson Tucker
CEO, Process Service Network
 


Here in “Tinsel Town,” celebrities are everywhere.  It is common that many of them get sued from time to time.  Lawsuits come from producers for breach of contract, demented fans who file frivolous cases, songwriters whose work has been pirated by a pop artist, and collection agencies which seek to recover unpaid debts.
 
Most process servers are not skilled at serving high-profile persons, such as elected officials and celebrities; few specialize in such hard-to-serve cases.  I would like to share some insider tips that your process server may find effective in serving an entertainer or actor.
 
Now, how do you easily serve a celebrity?  That depends on what your requirements are:  personal or substituted service?  It also depends on how much you are willing to pay for the service.
 
If substituted service is acceptable, your process server can determine the name and address of the agent for the celebrity.  The agent will typically accept the documents to prevent service from occurring in a public place which could cause embarrassment to their client. Most state laws provide for service upon a person specifically designated to accept legal papers.
 
A simple way to determine the agent for an actor is to contact the studio where the last production was shot.  Ask for the name and address of the agent for the celebrity you are seeking.  You may also contact the Screen Actors Guild, in Los Angeles for the same information.
 
Personal service, for documents such as a Subpoena or other papers which requires personal service, requires more creativity and planning.  While your client may provide you with an address for service, sometimes the address is not easily available.  It is not as difficult as it may seem.
 
Most celebrities own their own home.  You can search real property records of the County Recorder or Tax Assessor in the county where the celebrity resides.  These records are considered public record and, if you go in person, you can obtain the data at no charge.  However, several on-line data bases are available for such purposes.
 
Keep in mind that most celebrities reside in the Los Angeles area, Florida, New York, and Connecticut.  Many live elsewhere, but Los Angeles is the best place to start if you are attempting to locate an address for service.  Most celebrities have social media pages, such as Facebook, Twitter, LinkedIn, Pinterest,  Google Plus+, and Tagged. You can search all of these sites to see where a celebrity may be in the near future. Or, Google their name for a list of websites that might have current information about their whereabouts.
 
Once you have determined the address where service can be made, the process server will carefully analyze the situation to determine the best approach to completing the service.  He or she will consider the location where the documents are to be served:  Is there easy access?  What must be said to gain entrance to the venue?  What will be the BEST “one-time” approach?  Where is the exact area where the celebrity will be?
 
One thing is certain:  If a process server arrives at the gate to a studio where the celebrity is working and announce that they have legal documents, they will not be given permission to enter.  There are ways to gain access to a studio lot, although they are sometimes risky and require fortitude.
 
Many studios have an office which accepts Subpoenas for personnel.  Although your Subpoena is for personal appearance, most studios have clauses with their talent allowing for acceptance of a Summons or Subpoena.
 
Many celebrities appear in public at live performances, charity affairs, sporting events, or restaurants.  If you know their whereabouts at a specific time, it is legal to serve them at any location.  One rule is paramount:  The use of courtesy and discretion while serving the papers is required at all times.  There is no reason to cause public embarrassment.  By using a polite, low-tone voice which cannot be overhead, the celebrity will probably smile, shake the process server’s hand, and say, “Thank you” after the service.  Of course, they are trying to disguise the fact they have just been served!
 
Some celebrities are very good at evading service.  Some are real jerks!  Those types deserve special attention and I have discovered a technique that is effective if the celebrity is in a major metropolitan area. I was recently given the assignment to serve a top-ranked musician/rapper that is known to almost everyone, Kanye West.  We tried serving him for weeks without success. His agent would not accept service, and even though he appeared seemingly everywhere in public, I could not seem to find him before he had moved on.  I woke up one night with a brilliant idea:  I contacted a top paparazzi in Los Angeles and created a partnership wherein he would determine the whereabouts of the celebrity and call me. I could serve the documents while he got the exclusive rights to photograph the service.  It was a win-win for us both.  However, his tracking was not much better than mine.  Finally, after 3 months I was able to complete the assignment by substituted service by serving the owner of the house, and co-resident, Kris Jenner. No photographers were involved.
 
If you have an address for service and a phone number, but your process server cannot gain access for personal service, they can call the Defendant’s phone number [most likely a voice message] and advise that they are a process server, that they do not wish to embarrass them in public, and that they seek to make arrangements to have the service completed.  The process server can leave a telephone number and the best time to call.  It is amazing how many celebrities [or their agent or attorney] will actually call back.  A good process server will not disclose any details about the service since they are relying on their curiosity for cooperation.
 
Over the years, I have served many top celebrities, including Michael Jackson, Jermaine Jackson, Britany Spears, Erik Estrada, Jackie Mason, Michael Landon, Wolfgang Puck, Kanye West, Pamela Anderson, Burt Reynolds,  Zsa Zsa Gabor, Chris Brown, Hugh Hefner,  and the Sheik of Abu Dhabi.  All were interesting experiences and all were served.  After all, “We always get our man (or woman)!”
 
 
Nelson Tucker is CEO of Process Service Network, LLC in the Los Angeles area that specializes in international service of process and hard-to-serve cases.  He has authored 4 books on process service and investigations and is an Associate Member of the American Bar Association (ABA), the Los Angeles County Bar Association (LACBA), and the Ventura County Bar Association.  He can be contacted at nelson@processnet1.com   or through the firm’s website at www.processnet1.com .

Thursday, August 8, 2013

Why Your Process Server May Be Letting You Down


by Nelson Tucker, M.P.S.
CEO, Process Service Network



This is not an indictment of your process server, but rather, is intended to help you help your process server do a more effective job for your firm.  Please allow me to explain.
 

Many process servers are highly trained, capable and effective – some are not!  You know if you have a good one based on their performance.  All of us who provide legal support services can always use additional training and acquiring of new resources.  Finding the additional training and on-going education can be difficult for some process servers to find.  Here are some helpful tips that you can pass along to your process server.
 

Develop creative ways to get people served – the days of simply knocking on the front door of a defendant or witness and expecting them to open the portal and accept the documents are a thing of the past.  People have become more cynical of a stranger at the door, especially at night. Some techniques utilized by many process servers include:
 

·         Wearing their ID card in a lanyard around their neck – people inside the residence may peek through a window or peephole and see what appears to be identification and will be more likely to open the door;

·         Displaying their process server badge (in states where allowed) when a person inside looks out to see who is at the door;

·         Leaving a “Notice” on the front door of the residence if persons inside do not respond after knocking.  Process Service Network developed a notice that advises the defendant that they have 24 hours to contact the process server to make arrangements for service or legal consequences may follow.  The result is an 89% call-in rate and 100% service completion.  We are pleased to share the notice with interested parties;

·         Include a special notice, with the appropriate laws of the state where service is being made, on top of the service documents.  This one-page notice describes the optional methods of service (substituted service, posting, service by publication, etc.) and educates the person being served that personal service may not be the exclusive method of service.  This is especially effective when performing a substituted service;

·         If serving a defendant at work, call them while outside in the parking lot and advise that you are a process server, that you have legal documents for them, and you do not wish to cause them embarrassment by serving them at work.  One hundred percent of the defendants will either come outside to accept or direct you to the reception area where they will meet to accept the documents.
 

Serve people the way you would expect to be served – the movies and TV have always portrayed process servers as villains who slap a subpoena on the chest of a witness and proclaim, “You’ve been served!”  Bad idea.  It has been said that you can catch more flies with honey than with vinegar.  True. You can serve more people with kindness than with rudeness.  The question a process server should ask themselves is “How would I like to be served if someone were serving me?”  The answer is with dignity and professionalism.
 

No doubt, your process server is proficient in modern techniques and current laws.  These suggestions can only make him or her more efficient.
 

If we can assist with hard-to-serve cases domestically or international services anywhere in the world, please contact us at nelson@processnet1.com .
 

Nelson Tucker is CEO of Process Service Network, LLC in the Los Angeles area where his firm has provided legal support services since 1978.  He has authored 3 books on service of process and has personally trained over 1700 process servers and investigators nationwide.  Nelson may be reached by email at nelson@processnet.com  or by visiting his website at www.processnet1.com .  He is active with the American Bar Association, Los Angeles County Bar Association, Ventura County Bar Association, and the Los Angeles World Affairs Council.

Tuesday, January 3, 2012

The 3 Toughest Process Services I Ever Made


Most people think of process serving as dangerous, clandestine, and done in an unscrupulous manner as typically depicted in the movies.  In general, nothing could be further from the truth.  It is, if done right, quite easy and non-threatening to both the person being served and the process server.

After 33 years as a process server, I have seen it all.  From serving top celebrities to heads-of-state, I have “enjoyed” some pretty interesting service assignments.  Not all were simple and some were quite dangerous – each of them were rewarding after being completed.

Service of process on celebrities is an interesting procedure since most of them are difficult to serve.  They often have employees and security personnel who shield them from the public.  I have served Michael Jackson, Germaine Jackson, Wolfgang Puck, Eric Estrada (Chips), Brittany Spears, Dean Martin, Jackie Mason, and other lesser-knowns.

Serving celebrities is nothing compared to having to serve a head-of-state or other high profile individual.  I have served, or had served, Muammar Gaddafi, former ruler of Libya, Sheik Issa bin Zayed al Nahyan, brother of the Crown Prince of UAE , Khalia bin Laden, brother of Osama bin Laden, Imelda Marcos, former President of The Philippines.  Some were extremely difficult while others were quite easy.

Tough Service #1:

Of the 3 toughest services I have ever completed, serving the Sheik Issa had the most potential danger.  In 2009, I was contracted to serve the Sheik at his office in Dubai.  I was paid handsomely, including first-class airfare and luxury hotel, to complete the service.  I left Los Angeles on Monday evening and returned home on Friday morning of the same week – a trip around the world in 4 days!

It was an interesting case, to say the least, and involved the alleged murder of a servant of the Sheik which was caught on video.  The Sheik’s assistant misplaced the video and was thought to have sold it or concealed it for future use against the Sheik.  He was imprisoned, tortured, and eventually escaped using his contacts within the government.  He made his way back to the U.S. and filed a civil suit against the Sheik for 4 billion dollars.  The lawsuit had to be served and I was fortunate, or maybe not so, to receive the assignment.

I was given the business address of the Sheik, and after a good night sleep in Dubai, I took a taxi to the address which was located in one of the numerous high-rise office buildings along Sheik Zayed Road.  My driver waited out front while I went inside to make the service.  The only problem was the Sheik had moved his office.  Later in the day I found the new address and took a second taxi to the location.  Unfortunately, my driver would not wait and left me there to fend for myself in getting back to the hotel.

I knew that the Sheik’s newest project was building a new city-within-a-city in Dubai.  It was to include residential units, stores and office buildings – a self-contained city.  When I went inside the offices, I observed a model of the proposed city and pretended to be intently interested.  A pleasant male employee came over to greet me and asked if he could assist.  I said, without hesitation, “Yes, I’m here to see Sheik Issa.” The worst possible reply was immediate, “I’m sorry but the Sheik is out of town and will not return until early next week. Did you have an appointment?”  My heart dropped! My flight back to the states was scheduled for that evening and I could not wait until some unknown date without an assurance that I would actually be able to meet with the Sheik.  I made an instant decision to complete the assignment by substituted service.

I was invited into a private office where the employee, the Sheik’s assistant, gave me his business card.  We discussed the pending urban development project and I found the right time to change the subject and advise him that, although I was there to investigate the possibility of opening a business in the complex, I had also been given legal documents directed to the Sheik.  He politely accepted them, looked them over and returned to the subject of future business involving the commercial project.  After our discussions concluded, I left and walked down the street in desperate search of a taxi.  Several sped by, most were empty, and I became increasingly concerned that employees of the Sheik would come out of the building and do who knows what.  Even worse was the sudden fear of government officials being called to arrest me.  After several minutes of anxiety, a taxi stopped and took me back to the hotel.

There were no incidents following the service although when I arrived at the airport, I was concerned that somehow my identity had been discovered and that I may not make it out of the country.  I arrived home just 4 short days after beginning the trip and all ended well – except the civil suit was eventually dismissed.  I had done my job.

Less than a month later, an article appeared in the New York Times describing the case and the attorney for the plaintiff, who had hired me, said “Tucker has balls of steel.”  I took that as a compliment.

Tough Service #2:

Brothers Michael and Jermaine Jackson were being served with a civil lawsuit.  Another process server had tried on numerous occasions to serve them and even used a stake-out for several days – all with no success.  I was eventually hired based on a recommendation from one of my clients.

I had served Germaine previously in a divorce case and knew that I could sub-serve his agent.  However, my client insisted on personal service so I quoted a rate accordingly.  During the afternoon and evening hours, it was common for one of two limousines to leave and return to the gated house.  The problem was you could not see through the tinted glass to know who was inside.

When all else failed, I went to the neighbor next door and showed my badge and advised that I was attempting service on the Jackson brothers.  The neighbor did not get along well with the Jacksons due to the late night noise at the residence that often caused problems.  She gave me details as to which vehicle was used by each brother and the days and times they typically left the compound.

I waited outside the gate and when it opened, I immediately walked inside the compound and approached the driver of the limo with my badge out.  He rolled down the window and I advised him that I had legal documents for Michael and Jermaine. He motioned for me to go towards the rear of the car and when the window came down, there were both of the brothers.  Jermaine took the documents but Michael kept looking away through the passenger side window. There was no question as to who the world-famous celebrity was!

Tough Service #3:

In the early 2000’s, Britney Spears was a hot entertainer.  She lived in a gated complex in the Hollywood Hills with no intercom at the entrance.  She, too, used a limo to leave and return to the house.

I went to her website and found that she was scheduled to perform at a free mid-day concert at the Nokia Theater in Hollywood. I arrived 2 hours before and security was tight. I maintained a low profile, waiting for the opportunity to catch her as she was coming to the stage.  It soon became evident that service would not be possible with so much law enforcement and private security present.

Using my best judgment and assessment of the situation, I developed a plan. I waiting until just before she was coming to the stage and paid a young man $20.00 to advise the security chief that a man on the other side of the crowd was planning on serving Britney with legal documents when she came on-stage.  All of the security personnel quickly rushed to that area and I was free to hand her the service documents when she came through the walkway….and, I did!  She smiled as she thought she was signing an autograph as I told her what the documents actually were.  Job done!
Process serving is always interesting, but rarely dangerous, if you know how to think on your feet and outsmart the person you are serving.

Friday, December 16, 2011

Why International Process Service Is So Expensive

People ask me all of the time, “Why is international service of process so expensive?”  My answer is simple although it does not resonate well with some attorneys and paralegals. 

Process serving is more expensive in most countries than locally because of 1) security issues, 2) cost of living in the foreign nation, 3)  scarcity of qualified process servers in some areas, 4) currency exchange, 5) fuel costs, 6) travel time, 7) number of attempts required to complete service, 8) expertise of the U.S. firm which is handling the service, 9) belief by foreign process servers that U.S. attorneys can afford to pay more, 10) bank transfer costs to pay foreign process servers, and 11) bribes that are often required in order to obtain permission to perform the service.  Please allow me to explain each reason:

1.       Although the bribery issue may be the most shocking, the primary cause of high costs is security issues associated with serving legal documents in many nations.  For example, it is customary for a process server in other countries to have 2-4 bodyguards with him while making the service. That extra security is not related to actually serving the documents, but rather, to issues such as kidnapping, mugging, and attack by street people.  If you calculate the costs of two to four additional people involved in the service, you quickly see that the costs can be staggering.  Process servers are subjected to threats that are unheard of in most areas of North America and they must take additional precautions to insure their safety.

2.       The cost of living and prevailing rates charged by process servers in many areas of the world explain high costs.  Hong Kong, Singapore and Paris are good examples of cities having an extreme cost of living and process service fees are proportionally higher than in such places as Dublin, Vancouver or Cancun.

3.       Because process serving is not a common task in many countries due to their legal system, there are often no qualified process servers to perform the assignment.  When Process Service Network began serving in foreign countries, we developed a team of private process servers, private investigators, and off-duty law enforcement officers to handle the tasks.  Often, we had to train the person in order to have a qualified agent to handle services. Now, we offer the #1 training program in the world through our own Process Service University. Costs are affected by currency exchange rates in such areas as Europe, especially the UK where the Sterling Pound is strong against the Dollar.  A service that would normally cost $100 in the U.S. would be $200 in the UK, assuming all other factors were equal.

4.       Fuel costs are seriously higher in almost every area of the world compared to the states. In most of Europe gas is over $6.00 per gallon while in Taiwan is often reaches $8.00 per gallon.

5.       Travel time is a major factor in international service of process as it is common for drive time to be several hours to get from one side of a major city to the other.  If you have ever visited Manila, Mexico City, Tokyo, Taipei, Beijing, Paris or Rome you understand.  Service in outlying areas where there are no process servers often require overnight stays and multiple attempts, thus increasing the cost.

6.       Process servers are contracted for completing a service rather than simply making attempts.  Therefore, they set their fees to accommodate having to make numerous attempts at service.  For example, it is common for 10 or more attempts at service be made prior to completing the service.  Since the foreign process server must pay his/her own expenses, their quoted rates are high due to anticipated trips.

7.       Just as an attorney is entitled to significant hourly rates based on their expertise, companies which specialize in international service of process have specific expertise that command a fair market rate.  Fortunately, process service firms charge a flat rate for the case, not by the hour.

8.       There is a perception among foreign process servers that all U.S. attorneys are rich….too much television.  That opinion leads them to believe that they can gouge American law firms.  In reality, U.S. attorneys face the same fiscal constraints as those in any other country.  Educating the overseas process server is the job of a reputable company that facilitates international service of process on behalf of their clients.

9.       Bank wire fees, and sometimes, Western Union fees lead to increased costs.  Since many foreign process servers require payment, in advance, it is usually necessary to make payment by bank transfer or other methods prior to making the assignment.

10.   The final cost that creates higher rates is the money that must be paid for bribes to get permission from local officials to serve legal documents.  Bribes are a reality and are quite common in most regions of the world – it’s the way things get done.  Process servers are forced to pay “fees” to government officials in order to get law enforcement cooperation and even, in some cases, to avoid prosecution for not paying the bribe.

In summary, things work differently in most parts of the world than in North America.  You may not fully understand that until you visit certain regions and experience the hidden costs that are often associated with conducting business.

The solution to avoiding unknown hidden costs is to employ the services of a reputable process service firm that specializes in international service.  They understand the ins-and-outs of the business and know how to circumvent many of the concealed costs.

For answers to questions you may have about this article, please contact Nelson Tucker, CEO of Process Service Network, LLC, by email at processnet@sbcglobal.net, phone at 1-800-417-7623, or visit the website at www.processnet1.com.

Monday, December 5, 2011

The Biggest Mistake Attorneys & Paralegals Make!

(when it comes to International service of process)

That’s a pretty provocative headline – attorneys and paralegals don’t make mistakes, do they? In the case of international service of process, mistakes are the norm but can be easily avoided.

Law schools forgot to teach about serving civil process on defendants out of the country so it’s not the lawyer’s fault that they do not have the expertise when it comes to such service.  Paralegals, too, were not taught about a topic that may seem innocuous since, until recently, there was not much demand for such knowledge.

[So, what is the most common mistake that legal professionals make?  It is getting the wrong information from unreliable sources. ]

Times have changed and as the world shrinks and the global economy expands, the need for international process service has multiplied in recent years.  Attorneys in every discipline have had, or soon will have, the prospect of serving a defendant or witness in a foreign country.  When that occasion arises, get ready for the possibility of some serious errors that will delay the case, or worse, cause it to be dismissed! 

So, what is the most common mistake that legal professionals make?  It is getting the wrong information from unreliable sources.  Those untrustworthy sources include (believe it, or not) the U.S. Department of State, online postings, and process servers who are not qualified to answer questions about international service of process.  Please allow me to address each of those without seeming self-serving. 

The State Department is, to say the least, a bureaucracy filled with employees who have limited knowledge of issues outside their own narrow expertise.  If you do not believe that, just try communicating with the department on a specific issue.  Now, do not get me wrong, there are some extremely capable people there who are hidden away from public contact. They understand the ins-and- outs of international service issues – I know because I supply updates to them on specific changes in foreign countries as they become available to me through personal knowledge or my contact abroad.  The State Department’s website is often outdated and occasionally has erroneous information that is construed by an unknowing eye as fact. 

The second problem area faced by legal professionals is online postings by individuals, organizations, groups and corporations.  For example, a Google search for “Service of Process International” will provide you with websites on the first page (we are usually there, as well) that have inaccurate, misleading, and false information.  Blogs are full of information which, if followed, could result in civil and criminal prosecution against the attorney who arranges for the service.  That topic was handled in my blog in October 2011.  Bad information leads to bad results.  Be careful! 

The final category of misinformation comes from process servers who are not qualified to answer questions or provide guidance on international service issues.  Always ask the process service firm two questions: 1) “How long have you been in business?” and 2) “How long have you specialized in international service of process?”  Ask for proof of both in order to insure that you are dealing with a reputable and qualified firm.

In summary, call us and ask those questions, You'll be glad you did!

Friday, October 28, 2011

Process Serving in the 21st Century

If you own a process service firm, this is not your grandfather’s business!  The good ‘ole days of banging on doors and slapping defendants in the chest with service papers, as portrayed in the movies, are gone – thankfully, forever.

A brief look at the history of process serving tells us that the service of a Summons originated in England, where the court would order the Sheriff to arrest the defendant and bring him into court to answer the allegations. This was an obvious hardship on defendants, especially when plaintiffs failed to prove their case.               

The courts eventually relaxed this harsh procedure and simply ordered that the Sheriff deliver a Summons to the defendant, which required him to appear in court. The defendant was, therefore, "summoned" to court. 

In the United States, process serving was originally a function that was performed by the local Constable or Sheriff. They were an authority figure with the full power of the law. Even today, in some areas of the United States, only government officials may serve legal documents.               

Eventually, private process servers were permitted to serve legal documents. They were required to be of "highest moral character" with unimpeachable ethical standards. As a way of proving that service had been completed, they were required to bring back a piece of the defendant's clothing.               

Later, a written document entitled "Proof of Service" or Affidavit of Service was developed to indicate who was served and the method of service.               

No one has been able to clearly define when the first “private” process service began. By the 1950's, a few were in business, primarily in the largest cities. Today, they are everywhere. 

So, what methods for service exist today that were not available in the early days?  For starters, private process servers (those authorized by state laws) have more authority and are allowed more discretion than in the past. For example, in California, Registered Process Servers are allowed to enter guard-gated communities for the purpose of serving documents and they are allowed to trespass on private property while in the act of serving.  In all states, process servers are allowed to use ruses to complete a service, as long as it does not violate the law. 

Most highly competent process servers today utilize search tools which can save them time and money.  Prior to attempting service, Google Earth is a great (free) research tool to determine whether a service address is a residence or business location.  Obviously, if it is a business, an evening attempt would be a waste of time.  It also gives an indication, in advance, of the type of neighborhood. 

There are some very effect tools available to process servers to assist in locating a defendant’s address.  My favorites are TLO and Merlin Data, but there are many others that are excellent.  Avoid public access websites that charge for a public records search which are often full of outdated and confusing information. 

Some innovative techniques utilized by experienced servers include “notices” which are left on the door of a defendant who is evading service.  The notice advises as to what actions will result if they do not contact the process server to arrange for acceptance of the service. Adverse actions may include service at their place of employment, stake-out of their home, investigation costs to locate them, and other expenses which may be added to the judgment.  It makes it clear that it is in the best interest of the defendant to accept service rather than delay the inevitable which will add financial liability to the case against them. 

Social media is a tool that is often overlooked.  With the advent of Facebook, LinkedIn, Twitter and many others, it is becoming easier to find a defendant whose address or whereabouts is unknown. It requires that a process server set up a dummy account with these websites that allows for communication with people without disclosing the identity or occupation of the process server.  It is amazing how much information defendants will disclose to a total stranger on social networks. 

Networking with other process servers and investigators is a way to expand your process service business.  I regularly consult with newer process servers and private investigators who tell me right away the area they cover and where they will not go.  I typically give them a long, hard stare and ask the magical question, “Why?”  In other words, why do they limit themselves to a local area, or why do they not do stake-outs, or why do they not serve some types of documents?  The answer is always the same: “I’ve never done it that way.”  If you do not offer a complete package that every attorney would need which is related to service of process, you are selling yourself short.  The solution?  Partner with other qualified legal support professionals who perform a service that you do not offer or who cover an area beyond your own.  It’s called networking! 

Marketing your process service business takes skill and professionalism.  You may be able to do it yourself or find that professional help will allow you to concentrate on what you do best.  Yellow page advertising is a thing of the past; internet marketing of your services is vital to your success in the 21st Century.  There are some excellent books in print on marketing your process service and investigation services in today’s marketplace.
So, bringing it all together, how does a process server find the innovations and new tools needed to be successful?  One of the ways is to visit www.processnet1.com and see the books available or to see what is available at www.pimall.com.
Process Service University was formed to help both new and experienced process servers and private investigators to learn new “tricks of the trade.”  Every aspect of the service of process profession is covered in a flexible learning environment.  Details can be found at www.ProcessServiceUniversity.com
Process serving is an old profession with many new ways to get the job done easier, faster and more profitable.

***

Be sure to bookmark  this article for future reference.

Monday, October 3, 2011

Patent Law Changes Good for American Lawyers

Congress recently passed and President Obama signed into law the Leahy-Smith America Invents Act after more than six years of legislative efforts to reform the existing patent laws.

The act represents the most comprehensive and substantial patent legislation since the Patent Act of 1952. The act changes significantly the processes for both obtaining and litigating patents. Of particular note for patent prosecutors, the act changes the United States from a “first-to-invent” to a “first-to-file” patent system, eliminates interference proceedings, and expands the scope of prior act under the statute.
Entirely new procedures for post-grant review have been put in place, phasing out inter partes re-examinations and replacing them with post-grant review and revised inter partes review processes. In addition, the act establishes a special transitional post-grant review process for business-method patents.  

So what does all of this mean for the U.S. attorney?  The new law includes many important changes for patent litigators, including new rules affecting joinder of parties in patent infringement actions, changes to the false marking provisions, new statutory provisions regarding advice of counsel, and expansion of the prior user defense. 

The act makes it much easier for U.S. attorneys to litigate patent infringement claims against foreign nationals and corporations. 

Details and full text can be viewed at: Leahy-Smith America Invents Act.

Friday, September 30, 2011

Dangers of International Service of Process

Serving a defendant in a foreign nation can seem daunting and overwhelming to an attorney who has never had the experience.  It seems cumbersome (and, it is) but many lawyers do not realize the “dangers” they face personally by tackling the task without proper knowledge.

When we speak of the dangers involved in serving a legal document overseas, we could be talking about danger to the process server.  However, the attorney’s greater concern should be about the hazard and peril that will affect him or her if the assignment is not properly carried out.  Even worse, the attorney could cause great jeopardy to their case by attempting to do the service using shortcuts, such as illegal service by mail.

There is no question that process serving in some countries can be dangerous.  Occasionally, death or injury results when a process server serves a party who does not wish to be served.  Such was the case in 2003 when a process server was killed in Saudi Arabia after serving a defendant just across the border in Oman.  However, just as is the case in the U.S., process servers who are properly trained and use good judgment rarely encounter dangerous situations.

It is not uncommon for a process server in certain regions to be accompanied by 2-4 bodyguards when service legal documents.  That is a choice they make based upon their belief that the task may be unsafe or based upon the neighborhood where they are serving.

I have personally served legal documents in 31 countries and have never experienced any dangerous  challenges, except in my own town over 30 years ago.

“…. penalties include both civil and criminal punishments against the attorney, law

firm, plaintiff, and any employee or agent who was involved in the illegal service!”



Now, let us address the issue of attorneys creating a “dangerous” situation for themselves and their client.  The most common mistake that attorneys make when faced with having to serve a defendant in a foreign nation is using shortcuts which are illegal in that country.

Service by mail of documents originating in a foreign jurisdiction is prohibited in most nations – that is their right, just as the U.S. and its states have the right to pass laws related to service of process.  For example, Germany, Japan, Switzerland, Argentina, Czech Republic, South Korea, Norway, China, Turkey …and on and on …prohibit service by mail.  All are signatories to the Hague Service Convention and have filed specific reservations related to such service.  In addition, many nations which are not “Hague” signatories have federal laws which prohibit service by mail or private party.

Here is where the going gets tough for unknowing attorneys who violate the laws of other countries as they relate to service of process.  Nations such as Germany, Japan, China, South Korea and numerous others impose strict sanctions on law firms who violate their laws.  Such penalties include both civil and criminal punishments against the attorney, law firm, plaintiff, and any employee or agent who was involved in the illegal service!

I have had numerous attorneys argue that the laws of the United States and the local court prevail over the requirements in foreign countries.  WRONG!!!  Let me explain in simple terms:  Imagine that a case was filed against your client in a foreign country, let’s say North Korea, and there it is legal for a person to be beaten merely because they are accused of a civil tort.  In this example, there is no doubt that if the law in North Korea permits such action since it is legal there.  Let us fast-forward and the summons from a North Korean court is being served upon a person residing in the U.S.  Is it permissible for the process server to physically beat the defendant on their front porch simply because they are being served with legal documents?  Of course, you know the answer. 

The laws of the jurisdiction where the case originates and the laws of the state of destination must be followed.

So, what strategies can be employed to ensure that an attorney does not go astray from the legal requirements of another country?  Perhaps the strongest recommendation I can offer is to enlist the services of an experienced international service of process specialist, such as those at our firm.  Information and guidance is free and charges are incurred only when a service assignment is made.

It will save hours of research and result in the peace of mind that goes with knowing that you are in good hands. After all, we’ve been doing it for 33 years so we must be doing something right!

Friday, August 26, 2011

How U.S. Military Presence in the Middle East Affects Civil Process Service

Yes, that is quite an unusual topic and it has some interesting connections. Please allow me to explain.

I had the pleasure to discuss Middle East issues in a candid meeting with General James Mattis, Commander of the U.S. Central Command. Gen. Mattis took responsibility for this crucial assignment from General David Petraeus in August 2010.

After hearing from the General, I applied some of his messaging to current situations in nations where service of process is challenging, at times, and extremely difficult on a regular basis. It should be pointed out that his focus was on military, political and economic topics and not on civil litigation issues.

Here is his summary of the current situation in specific countries along with my appraisal of the result upon cross-border civil litigation:
  • Egypt: “The government is in disarray and could go either way.” If Sharia law is imposed, the legal system could be dramatically altered and cooperation between Egyptian courts and other signatories to the Hague Service Convention could be jeopardized.
  • Syria: “If Assad goes, it will be the biggest hit to Iran.” With looming sanctions against Syria pending by Europe and the U.S., judicial cooperation in civil matters may be stalled.
  • Iran: “Iran's fingerprints are everywhere. They now financially support states who they view as enemies against the West.” Service of process, in Iran, is not an authorized function by the government since they view foreign litigation as an infringement upon their sovereignty.
  • Lebanon: “There are close ties to Iran.” Lebanon currently cooperates in civil legal matters from outside the country. However, that could change if Lebanon adopts a total conversion to Sharia law.
  • Iraq: “If the military becomes Iranian-backed after our departure, that will create the most dangerous force.” Currently, service of process is handled by civilians without government participation. If the government falters after Allied troops leave, so will the ability to serve legal process

General Mattis made a formal presentation to the Los Angeles World Affairs Council in which he stated four major objectives in U.S. military policy in the region:

  1. Support each country’s reform efforts and allow them to move at their own pace;
  2. Support economic reform;
  3. Support renewed political peace;
  4. Support regulated security in combatting terrorism.

I was extremely impressed with General Mattis’ candor and his insight into the military, political and economic situations in each country in the Middle East. His expertise and insight have greatly benefited in the fight against terrorism.

Nelson Tucker is CEO of Process Service Network, LLC that specializes in international service of process. He can be contacted at processnet@sbcglobal.net or through the firm’s website at www.processnet1.com

Friday, May 6, 2011

How Lawyers Violate the Law in Foreign Service

It is easy for an attorney to unknowingly violate the laws of a foreign nation when serving legal documents abroad. Many lawyers do not realize that some countries have significant restrictions related to service of process. The consequences can be serious, including civil and criminal penalties.

The Hague Service Convention is the primary treaty between participating nations related to service of process. Some nations have made reservations to the Convention when they became a signatory to the treaty prohibiting service by any means other than service through their Central Authority. The most common prohibition is against the use of private process servers.

These Hague nations prohibit service by private process server: Bulgaria, China, Czech Republic, Egypt, Germany, Norway, Slovenia, South Korea, Sri Lanka, Switzerland, Turkey and Venezuela.

China, Germany, and Switzerland consider service that is in violation of the Hague Service Convention an infringement on their sovereignty and impose criminal penalties against all parties in the service chain, including the plaintiff, plaintiff’s attorney, and process server. In addition, civil penalties may be imposed on the same parties for violating the terms of the treaty.

The solution is simple: Consult with a reputable international process service company for guidance as to applicable laws in the country where service is being contemplated. They will keep the attorney, and their client, in safe waters.

Nelson Tucker is CEO of Process Service Network, LLC that specializes in international service of process. He can be contacted at processnet@sbcglobal.net or through the firm’s website at http://www.processnet1.com/

Wednesday, May 4, 2011

4 Steps to Successful Service Abroad

They forgot to teach potential lawyers in law school all of the details about service of process in foreign nations. Correction: They forgot to teach anything about foreign service in almost all law schools in the U.S. The result is not knowing where to turn when an attorney has a case involving a defendant in another country.

Here’s how to analyze the situation when filtering through the maze of service of process outside the country:

Step 1: Do your research …. Google, Yahoo, etc. when searching for information on service in a specific
nation. Hint: Be specific in your search, i.e. if service is needed in Egypt, search by “service of process Egypt” rather than “international process server.” Top ranking is important but watch for companies that do not specialize in international service of process. Look for process service firms that have a record of longevity and a strong reference list. Avoid companies that have international process service as a secondary function. Example, translation companies that also offer process service as a sideline; they typically ‘farm out” the service assignments and do not have full knowledge or control over the service.

Step 2: Ask questions …. Send an email requesting confirmation of web-based fee quotes. After you receive a reply, place a call to the responder to insure that a live body is on the other end. It is amazing how many top Google-ranked process servers are actually based outside the U.S. That should be a concern since there is no accountability if they fail to perform the promised service. Ask for referrals!

Step 3: Understand the promise …. Don’t take for granted how the service will be completed. Ask for specifics as to how the process works, time frame, possible obstacles. Determine, up front, if there are hidden costs and who is responsible for errors made in the process. Get everything in writing (email).

Step 4: Relax …. If you assign the service to a reliable process service firm you should expect that they will handle your assignment correctly and timely.

Keep in mind that service of process in another country will not be as efficient or as speedy as it is here in the U.S. due to customs, conflicting laws, and local restrictions on process servers. Your process service firm should be sensitive to court deadlines and provide an affidavit regarding the status of the service, at no charge, upon your request.

Nelson Tucker is CEO of Process Service Network, LLC that specializes in international service of process. He can be contacted at processnet@sbcglobal.net or through the firm’s website at http://www.processnet1.com/

Wednesday, April 27, 2011

How Facebook and Social Media Are Affecting Service of Process

Facebook, Twitter, LinkedIn, Google Buzz, MySpace and blogging platforms like Blogger.com and WordPress.com have emerged on the social networking scene with rapid growth and significance. As more and more people seek to make themselves, and their personal lives, known to all who have an interest there is also the issue of lack of privacy.

This situation makes it easier for process servers and investigators to find people who they are trying to serve with legal documents. For example, I recently had accepted a service for a defendant. The client, however, did not have the defendant's address. I conducted a search for the defendant utilizing my subscription-based, people-locator service. The results of that search yielded nothing in the defendant's name. Had this situation occurred five years ago, I might have been stumped.

Today, however, we live in "social media" world; a world where, it seems, just about everybody is on-line and sharing everything from their latest trip to the coffeehouse, to what they watched on TV the night before.

I began a search for the defendant on all of the prominent social media networks and found loads of personal data on Facebook, LinkedIn and Twitter. It was fairly easy to match her name, and contact information via the social media networks.

Still, the missing bit of information was her address. So, I sent her a message using the personal interests she listed, and after several exchanges, she revealed that she was an insurance agent. I then searched the public records and found her business address. She was personally served the next morning.

This brings me back to how the rise of social media sites are affecting the service of process in the world today.

As more and more social media sites arise, and as more and more people log-in, follow, and "friend" each other on these sites, the opportunity to find people who may otherwise be “laying low” will increase. With Facebook now boasting 500 million users, and Twitter hovering around 190 million users (to cite but two social media sites), and the vast majority of the users rarely thinking about privacy issues, it does not look like the masses will curtail their appetite to make their personal likes and interests known to the world; at least not until such time as there is a reversal in the outlook towards, and interest in, social media.

All current social media growth indicators suggest that is not likely in the foreseeable future.

Process Service Network, a legal support firm in the Los Angeles, CA area, has developed a worldwide network of process servers and private investigators. They have been international service of process specialists since 1978 and have handled over 1 million cases since that time.

Process Service Network can be found at http://www.processnet1.com/ or email at processnet@sbcglobal.net

Monday, April 25, 2011

International Service of Process: Why Every Attorney Should Beware

by Nelson Tucker, CEO, Process Service Network

Not only did law school minimize the importance of the laws related to service of process, but they did not even mention international service.

Now, with the world shrinking and the global economy expanding, litigation between parties in the United States and foreign countries is increasing at a substantial rate annually. No doubt, within a short period of time, most U.S. attorneys will be faced with having a foreign defendant served with legal documents. What do you do, then?

Most international disputes arise from such areas as personal injury, trademark and patent infringement, products liability, family law, collections, and real estate matters.

International service of process seems to be a maze until you discover that certain treaties and local laws may apply. The most widely used treaty is the “Hague Service Convention” which outlines the methods of service in a specific country. Another “formal” method of international service is by Letters Rogatory, a cumbersome, expensive and time-consuming method that should be used only as a last resort.

["...in most instances, state law does not apply to service outside the United States…"]

Understanding the procedures for compliance with applicable treaties and local laws will avoid civil and criminal penalties against the attorney and client who violate the law, albeit unknowingly. In most instances, state law does not apply to service outside the United States, so it is essential that the process begin with a complete understanding of the laws of the country involved.

Some nations, such as Germany, Japan, Switzerland, Korea, Argentina and Italy currently outlaw service by private party. Others such as Taiwan, Australia, The Philippines, and Saudi Arabia do not have treaties in force and allow service by an “informal” method, such as by private process server.

Many nations require the court documents to be translated into the official language of that country, while others accept an English version. Translation costs can often exceed the fee for service so it is vital to consult with us prior to filing the case, if possible.

The greatest challenge for most international services is meeting court-established deadlines. An extension of time for completion of service can normally be obtained by providing the court with a proper declaration from the process server.

Although few private process servers understand the rules related to international service, we specialize in serving the needs of clients in foreign markets where the maze is simplified.

Five Things to Consider with International Service of Process:

1. If you plan to enforce the judgment in the foreign country, “formal” service is recommended

2. Only use an experienced and qualified process service company who understands the barriers to service and who can overcome them

3. Allow sufficient time for completion of service as work habits and customs in other nations typically cause delays that we do not experience

4. Price is important but the successful completion of the service in the foreign nation is the ultimate goal

5. Utilize the expertise of an international service of process specialist like us. Feel free to email processnet@sbcglobal.net or call with your questions to 800-417-7623.

Click on www.processnet1.com/internat.htm for specific country