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September 25th, 2012: The first “National Due Process Day”

It’s one of our most fundamental human ( individual ) rights.

How many of you realized that it’s protected by not one, but two constitutional Amendments?

Constitution of the United States
Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the Militia, when in actual service in time
of War or public danger; nor shall any person be subject for the same offense
to be twice put in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law
; nor shall private property be
taken for public use, without just compensation.

Amendment 14

1. All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, 
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.

To recognize these important rights, it seems that we now have a designated 
national Day.

Our entire profession and industry is based on this right, so it's only 
right that it now has a day of it's own, where not only we who have so 
long been aware of it, can now celebrate it, but perhaps the general 
public can be encouraged to appreciate what we do, if not what we 
bring some of them when we do it.

Let freedom ring!

Melissa Brookstone
Editor in Chief

http://news.yahoo.com/servenow-com-supports-national-due-process-day-100031546.html

“September 25th will be the first annual National Due Process Day, and ServeNow.com

is working to promote the event and raise awareness about the holiday.

Denver, CO (PRWEB) September 18, 2012

With September 25th marking the first annual National Due Process Day, ServeNow.com

has been working to help promote the event within the legal community. National Due

Process Day was created by the National Association of Professional Process

Servers. The annual holiday aims to celebrate the Fifth Amendment to the Constitution,

which protects every American’s right to a fair trial and to be alerted within a reasonable

time.”

 

http://www.vcstar.com/news/2012/sep/24/lichtenbergeryellon-americans-have-a-right-to/

 

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Professional Process Server vs The Sheriff

This is just one example below. All of us who have been doing process serving  for awhile have heard so many stories from others, and especially our own new potential clients, who call and complain that they tried the Sheriff because it was cheaper, but the Sheriff didn’t get the job done for them. Why? Because Sheriff’s servers tend to go out from about 9 AM to 3 PM, at which time they return to the office and write up their stuff so they can go home at 5.  They knock or ring a bell, and they do three attempts, and that’s it. If no one answers, the client is told that they couldn’t get it served, and of course the client’s money is spent.  ( Many of us would say “wasted”. )

The most egregious example I’ve personally heard of, was when a potential client called me at 4:20 PM on a week day and was freaking out. He’d sent the Sheriff with a Same Day Rush serve that just had to be served that day, to serve a defendant at work. The Sheriff’s server had gone there at 12:30 PM, only to find that the guy was… ( Wait for it! Drum roll, cymbal crash! ) out to lunch!  Quelle surprise!  And they’d just called him after 4 PM and told him this, and that they couldn’t get his serve done! He needed it done, rush, right then.

While we get a good fee for Same Day Rush service, I felt ethically obliged to decline the job. I told Mr. Potential Client that, while we certainly liked making money, the guy could be going home at 4:30, in some places they even go home at 3:30. So there was now way I could even be reasonably sure that I could get this done for him that late in the day, and I didn’t want to take even more money from him than the Sheriff had, and then possibly let him down.

It’s only a shame that clients don’t know about these things in advance, and so many of them don’t realize that choosing a process server is not the same as shopping around for the same model of  TV set.

It does matter who you pick.

Melissa Brookstone
Editor in Chief

http://www.atlantadivorceattorneyblog.com/2012/09/service_of_process_in_a_georgi.html

Service of Process in a Georgia Divorce: Sheriff or Private Process Server?

Posted On: September 7, 2012

Service of Process in a Georgia Divorce: Sheriff or Private Process Server?

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In Georgia, a civil action, including a divorce, cannot go forward until the defendant is served with a copy of all pertinent legal papers (what is termed “service of process”). Unless the defendant is willing to acknowledge service, O.C.G.A § 9-11-4(c) dictates that service must be effected by a sheriff in the county where the defendant resides or by a process server appointed by the court.

We are often asked what the difference is between the sheriff serving process and a private process server serving process. Regarding the validity of service, there is no difference. However, private process servers are typically faster at getting a defendant served than the sheriff. Whereas it could take the sheriff weeks to attempt to serve a defendant, private process servers usually make their first attempt in 1-3 days and will generally make more attempts at service. Further, private process servers will often honor special requests, such as the time of day you would like the defendant served, whereas the sheriff cannot. Additionally, private process servers may have the flexibility to acquire information from others in the surrounding area (such as neighbors) as to a difficult-to-serve defendant’s whereabouts.

Private process servers typically charge more to serve process than the sheriff’s office; however, the fee is usually only about $25-35 more. Although the fee is a little higher, private process servers are typically quicker and can be more effective when attempting to serve a defendant.

For more information on service, we recommend you contact one of our Atlanta Divorce Attorneys to counsel you on your options.

By: Courtney H. Carpenter, Associate Attorney, Meriwether & Tharp, LLC

Posted by Meriwether & Tharp | Permalink | Email This Post

Posted In: Divorce

 

 

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New Notary Rules Clarified

In a conversation today with the Colorado Secretary of State, Notary Division, a few rumors and misconceptions were clarified, in regards to the Colorado Notary Law changes which took effect August 8, 2012.

 

Effective immediately the use of a Notary Journal is mandatory, whether or not you, your company, your law firm or the clerk of the court maintain a copy of the notarized document.

 

  • JOURNAL REQUIREMENTS – A journal book will be required to contain the type and date of the notarial act, the title or type of document being notarized, the name, address and signature of the person signing, and the name, address, and signature of each witness to the notarization. You may voluntarily maintain a copy of notarized documents as a backup, should your notary journal be lost or stolen.
  • There is no way to correct the issue of not maintaining a Notary Journal since August 8, 2012. However the use of a Journal sooner rather than later will be taken into consideration, should you be audited by the Notary Division.
  • Seal Standards – The notary seal standards have changed. Renewing/new notaries will be required to obtain and use a seal that conforms to new standards.  The new seal standards require:
    • A rectangle rubber ink stamp.
    • The stamp must contain within the outline, the notary’s printed legal name, the words “Notary Public,” the words “State of Colorado,” the notary’s 11-digit ID number, and the notary’s commission expiration date.
  • Currently commissioned notaries – May continue using seals obtained before August 8, 2012 until renewal of their commission. For those who are eligible to continue using their current notary seal, there is no requirement to print your 11 digit ID. However you may do so voluntarily

Link to Colorado Revised Statutes, Title 12, Article 55, Notary Public

Steven D. Glenn

President, Process Servers Association of Colorado

Director, National Association of Professional Process Servers

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