The San Bernardino County Superior Court announces that the new courthouse (San Bernardino Justice Center) will open for business in May of 2014. As a result and in order to capture efficiencies in court operations in the Valley region, the Superior Court will reorganize the calendars for the Rancho Cucamonga District, Fontana District and San Bernardino District.

We have prepared this reference guide to help our clients understand when and how these changes will take place. Please Click Here to see Court realignment timeline dates.

Each year, thousands of people within the United States are injured by defective foreign products.   These victims often have trouble obtaining legal relief for their injuries against foreign manufacturers responsible for such injuries.  This is in large part due to the difficulty with serving process on foreign manufacturers.

Current Service of Process Laws on Foreign Manufacturers

Currently, if an individual is injured by an imported foreign defective product within the U.S., he or she must rely on a foreign government to render service of process on the foreign manufacturer if the company is located in a country that is a signatory of the Convention of the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Unfortunately, these countries do not have an enforceable obligation to serve process as requested.  This causes countless individuals to forego legal relief for injuries sustained due to a lack of personal jurisdiction over the foreign manufacturer by U.S. courts.

New U.S. Legislation Proposal for Service of Process on Foreign Manufactures

A new bill has been proposed to streamline service of process on foreign manufacturers in the U.S. The Foreign Manufacturers Legal Accountability Act of 2013 (FMLAA) would require foreign manufacturers of products imported into the U.S. to establish registered agents within the U.S. who are authorized to accept service of process against such manufacturers.  The agent will be required to register in a state with a substantial connection to the importation, distribution, or sale of products of the foreign manufacturer or producer.

Specific government agencies will be required to determine based on the value or quantity of goods manufactured or produced, which foreign manufactures and producers under the respective authority would be obligated to designate a registered agent.

If this bill passes, U.S. courts will finally be able to assert personal jurisdiction over foreign manufactures that import products into the U.S. It will help countless individuals obtain legal relief against foreign manufactures for injuries sustained as a result of their imported defective products.  Click here for more information about this bill.

Contact Velocity Legal Service for your service of process needs. We will serve any paper or any legal document anywhere in the United States.  We have registered process servers ready to assist you. Contact us at 800–311-6044 to get started.

Sources

H.R. 1910: Foreign Manufacturers Legal Accountability Act of 2013

 

It is not uncommon for process servers to be attacked when rendering service of process.  For instance, Columbia resident Shirley Ann-Bolton recently plead guilty to first-degree assault for shooting at a process server in Howard County, Maryland.

The assault occurred when a private process server arrived at Bolton’s residence to check the status of a note he had left on the front door of the residence.  The note asked Bolton to call him back regarding a pending lawsuit.  As the server approached the door, it swung open and Bolton aimed a black handgun at his head and fired it.  She narrowly missed the server according to court documents.

California State Law Protects Process Servers

Fortunately there are state laws that protect process servers.  For instance, according to California Penal Code 241 (a) & (c), if a misdemeanor assault or battery is committed against a process server, and the offender knows or should know that the person is a process server, such assault or battery will be punishable by a fine of up to $2,000, and/or imprisonment in a county jail for up to one year.  In addition to California, other states have penal laws that also protect process servers.  Click here for more information.

Service of Process Safety Tips

Here are 3 simple tips to help protect you from dangerous situations involving service of process.

1. Be Cautious When Rendering Service of Process
   Make sure you stay alert of your environment while rendering service of process.  If you see suspicious or questionable activity, it is probably best to retreat from the area.

2. Render Service of Process During the Daytime
   It is best to serve someone with court documents during the daytime. People tend to be on the defensive at night when being approached by a stranger.  You will have better visibility and reciprocation when serving someone during the daytime.

3. Take a Self Defense Course
   You may need to physically defend yourself in certain situations.  You should take a self defense course to receive proper instruction on how to fight off a physical attack.

If you have questions or concerns about maintaining safety while rendering service of process, contact Kern Legal for more information.  Velocity Legal Service can serve any paper or any legal document anywhere in the United States.   If you need assistance, contact us today.  If you found this article informative, please feel free to share with others.

Sources

California Penal Code 241 (a) & (c)

Columbia Woman Pleads Guilty to Assault for Shooting at Process Server