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Thread: Process servers must be given access to communities

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    Process servers must be given access to communities

    I am quite sure this is some good news for process servers not only in Florida but nationwide.

    Source posted at the bottom:

    Question: I live in a condominium in a gated community that has a security building at the entrance. Our privacy regulations require that all guests be called in to the security system, appear on a permanent list or be announced by a telephone call from the gatehouse staff. Recently, a process server insisted that he not be announced because the person he was serving would certainly not permit him to come in or wouldn't open the door if he did. He said that preventing his entry was an obstruction of justice. Was he right?

    Answer: Service of process is the procedure that gives legal notice to a person, such as a defendant, of a court or administrative body's exercise of its jurisdiction over that person. Usually, notice is furnished by delivering a set of court documents (called a "process") to the person to be served. The person who delivers these documents is a process server. The profession has some inherent risks because some individuals may become angry, even violent, when served.

    On July 1, 2011, Florida Statue 48.031 (7) went into effect. An association must now allow a process server access to the community, even one with a security gate, without announcing such entry to the residents. Yes, Florida Statute 843.01 states, "Whoever shall resist, obstruct or oppose any officer ... or other person legally authorized to execute process in the execution of legal process ... shall be guilty of a misdemeanor of the first degree." In other words, it's unlawful to interfere and could be considered obstruction of justice.

    Your association should neither hinder nor help the process server in any way. Your only action, given the rise in the number of foreclosure suits in some communities, could be to notify residents that process servers will be given access to the community without announcement, pursuant to statutory obligations and that they should not interfere in any way. As a safety precaution, association management, board members, residents or security personnel should not accompany the process server. The association should eliminate its exposure to liability for these kinds of risks by making the policy clear.

    Process servers should be logged as visitors, following the regular procedures of the security staff. The security officer has the right to ask to photocopy the identification, especially if a process server is not a law enforcement officer. You could take an additional step of securing the list of the approved process servers from the court administrator's office and comparing the identification of the process server who seeks admittance to that list.

    Attorney Sylvia Heldreth is a certified specialist in real estate law. Her office is located at 1215 Miramar St., in Cape Coral.

    http://www.cape-coral-daily-breeze.c....html?nav=5005

  2. #2
    Stephen Douglass's Avatar
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    Re: Process servers must be given access to communities

    Sweet.
    "So, tell the microphone again why you're not allowing me through your doors. Great, now can I get you to spell your name and the name of your supervisor for me? Oh, no reason really, here's your subpoena, and have a nice day"!

    I don't get these in New York like some other states. I knock you let me in. Period. If you interfere you are obstructing Judicial Affairs and it likely will not go well for you.

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    Rogaciano Garcia is offline *** Certified SPI
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    Re: Process servers must be given access to communities

    Do I need to be part of a proccess server association or be certified in Illinois? how is that work? because I want to start doing business in that area, and I don't want to get in legal trouble.

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    Phillip Flores is offline Lifetime Professional Management Member

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    Re: Process servers must be given access to communities

    Tonyrone.jpgCan I do this in Illinois, Northwest suburbs? Process Server? I have my union license photo credentials.

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    Phillip Flores is offline Lifetime Professional Management Member

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    Re: Process servers must be given access to communities


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    Stephen Douglass's Avatar
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    Re: Process servers must be given access to communities

    Quote Originally Posted by Phillip Flores View Post
    Tonyrone.jpgCan I do this in Illinois, Northwest suburbs? Process Server? I have my union license photo credentials.

    Phillip,

    I cannot profess to know the laws or the regulatory boards in Illinois but your best bet is to look up the threat under your state for Service of Process. I would offer to quick link it for you, but I don't remember where it was exactly. You can put in Process Servers In the search box and it should list for you where the state regs are located.

    You could also google your states association of Process Servers, and or NAPPS (National Assn), and look for current laws and specs.

    Hope this has been of service to you,
    Stephen

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    Phillip Flores is offline Lifetime Professional Management Member

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    Re: Process servers must be given access to communities

    Thank you for your feed back.

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