Response to A New York Comment on "Sewer Serves"!

(NOTE: Please watch video before reading. Thanks!)

Interesting, huh? Garodnick's numbers and percentages are obtained how? "80-90% default judgments"? And of all the serves done, he says, "80-90% not served properly"? This was based on a "sample study", he says. "Egads!", I say. If 80-90% of services in New York aren't done properly, what about the rest of the nation?

He begins his speech by saying that it's about "strengthening the very foundation of our legal system". I'm guessing that he means the "right to due process", since he adds "the right to defend yourself in court", but that these 80-90% of defaulted debtors are "only learning they are being sued after they have lost", and "they have never been served with a summons".

So.....taking what, in my opinion, appears to be an obviously politically motivated presentation, based on a sample survey of debtors who defaulted, and Garodnick surmising that 80-90% of them were not served properly, I'm wondering why he's blaming the process servers? (Note: And a "sample survey" is how many exactly?)

Process Servers are disinterested third parties who follow written instructions to serve a defendant at a given address and provide a party to an action with "actual notice" which gives the court jurisdiction over the subject. The instructions are provided, for the most part, by COLLECTORS who are on a commission/percentage of what they collect, or by ATTORNEYS who are also either on a contingency or paid by the hour, or by JUDGMENT RECOVERY SPECIALISTS who have purchased the debt as an asset either by a futures contract or for pennies on the dollar.

How many debtors use the "But I was never served" defense? What percentage of those honestly, after receiving letters, phone calls and "final notices", really had absolutely no idea that the next step was a lawsuit? (a Homer Simpson "doh!" inserted here!)

When are the American people going to take responsibility for their own lack of action and the consequences of same? Why are WE, the professional process servers, expected to police our own industry when any nitwit can call themselves a "process server" without also having education, training and experience? I'm only referring to the states that have little or no requirements, or to California which can't bring itself to distinguish between a professional and some twit off the street that wants to supplement their income until they get a "real job"??

Now, maybe if we worked together to have a National licensing board? NAPPS (National Association of Professional Process Servers) maybe as a model and as a start? After all, isn't "due process" a FEDERAL right guaranteed by our Constitution?

"One bad apple and the whole barrel turns to mush!" is like saying "One lying, cheating politician and our whole country is run by idiots!", from the foot-tapping Congressman to the philandering Senators to the impeached President.

American Legal Process is solely responsible for their own wrong doings. They should be used as a perfect example of why our industry should have National regulation and distinct levels of responsibility.



Rantingly yours (but in good cheer),

Michele Dawn, RPS#117 Riverside
and Licensed PI #24790 California
RANCHO ATTORNEY SERVICE OF CALIFORNIA
& RASCAL'S RESEARCH & LOCATION SERVICES
28465 Old Town Front Street, Suite 318
Temecula, CA 92590
(951) 693-0165 or fax (951) 693-4056
email to: RascalProcess@aol.com