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November 15, 2013

Worst Process Server?

I found a year old article about the worst process server in New York.

I’m not going to name names, we will call him Rob.  Rob is a process server in New York and he recently lost his New York process serving license.  The DCA in New York did a sweeping investigation of process servers and discovered that Rob was not actually delivering papers to the people they were intent for.  Some background….New York process servers are required to carry a GPS on them to prove up service.

In one case from November 2011, gps a Jericho, LI, resident, drove to The Bronx and swore on an affidavit that he served a summons on Fox Street to a relative of a woman being sued by creditors for $6,098, according to court records.  But at the time of alleged service, he was three miles away at the Cross Bronx Expressway and Newbold Avenue, GPS records indicated.

He also said he served 3 others in Brooklyn later that same day.  The GPS records show he was many miles away.

The DCA eventlayy found out that Rob was involved in 31 summary judgement.  A Summary Judgement is when a defendant failed to show up for a court date and the judge issues a judgement against them for failure to show.  The city issued Rob 46 GPS-record violations and slapped him with 35 counts of failure to maintain records.

During a yearlong DCA crackdown, investigators issued violations to one in three of the city’s 943 process servers for having written logs that didn’t match their GPS-tracked whereabouts. Since November 2011, in New York process servers have been required to maintain a GPS record.“For way too long process servers have been like the Wild West of the legal system,” Mintz said.

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