I think I am already getting it…READ THIS

There are some things that I have been learning by reading your posts, folks. I am having problems with the MC and got a plan in my mind to protect my home.

There are some documents that I intend to serve in the immediate future. Since this is not related to recording documents in Public Records I called the local Sheriff Office, out of ignorance, to ask them if they would serve the docs for me. I was told they only serve papers derived from legal proceedings. I asked for guidance and I was referred to the Clerk of Court for information on Private Process Servers, as they name them. The person from court told me they did not know of any Process Servers and referred me to Legal Aid. These last people knew nothing and nobody, as the others. To shorten the story, I had to call the Florida Bar after calling other local gov. entities of a legal capacity, to no avail. They lady from the Bar gave me a couple of phone numbers of 2 Priv. Process Servers in my county. I sensed some reticence in her voice, like if she was giving me the info because it was no other choice.

I called the first number and it was DISCONECTED. So, I phoned the second Process Server, closer to my home and to court by coincidence. The secretary told me that they charge 50 dollars to serve docs in Florida, and a hundred dollar to serve them in any other state. Then, she asked me to hold, and the Process Server himself came to the phone to ask me what and why I wanted to use his services. I said I wanted to serve some docs, like letters or affid. that the Sheriff would not serve. He told me to use Certified Mail. I answered “had done that before with no results nor answers from the companies.“ He said, “if they do not answer your certified mailings, will not answer anything you serve them either“ I asked him if he was not happy with his job, he responded “I only want to help you save your money, but if you want to spend so much by using my services you are welcome to do it“. End of conversation.

You know what I do not understand. This Process Server said all he could say to keep me away from his own business. At first, did not make any sense to me. But now I believe that all that secrecy I had previously encountered just to find him has some legal interests as a cause. The lady from the Bar who gave me his information, sounded dissapointed while giving me the information, like if she was obligated to do it . And that server attitude, trying to kick me away, impacted me. He even suggested, “GET YOURSELF A LAWYER“, to this one I said “I DONT WANT TO HIRE A LAWYER WHOSE SERVICES WILL BE A LOT MORE EXPENSIVE THAN YOURS“ I also told him, “ Besides, it you serve those docs for me and they do not answer it might work, to my convenience“ Matter to rest then.

This is so ridiculous. How is this man making his living...I believe he may be receive some undisclosed “salary“ from some undisclosed sources not to comply with his job description. Paranoia is making herself home in the middle of my little brain.

Your comments on this, please.

[vanton57]

http://www.fapps.org/ This link will give you process servers in Florida.

http://www.napps.com/ This link will give you access to process servers nationwide.

I used to work with a gentleman that is a process server. The primary business was Fire Investigations and Private Investigations with process service being only a very small portion of the business. Many process servers do the process service on the side (retired police officers, deputies or even in the evening time on off duty time) or use it as "filler" work. We used to get so busy with the investigations that process service may be a low priority depending on what was going on and whether or not our fill in person could get to it.

Also, here in Florida a great many counties' sheriff's departments are very protective of their turf and don't allow "civilian" servers or very few of them so they can get quite pricey because it is a captive market. Depending on where you are in the state as to whether or not this is an issue. Here in my county they have to go to a training class and pass a test each and every year before the sheriff will renew the individual to do process service. There are no restrictions on pricing for the process servers so it is what the market will bear. Also, here in Florida, "civilian" process servers can only handle civil matters, they are not allowed to handle criminal. Plus they can only serve between the hours of 8:00 a.m. to 9:00 p.m. (if memory serves me correctly).

When hiring a process server, give them as much information as possible to keep the fees down also. Give them work address and home address, phone numbers (if you have them) etc. It helps them track the individual. I used to hate it when I got a bad address and we had to make extra trips out to hunt someone down and they will charge you for the extra trips.

Moral behind this story, don't take it personal. There are some good process servers and then again, there are some bad process servers.

Good Day Eureka,

To the best of my knowledge, anyone over eighteen, of sound-mind and not a party to the action, can serve papers. And then prepare an affidavit for you attesting as to their actions, having served the party (name and address) in hand at a certain place and time. The affidavit should be notarized or signed by two witnesses to the affiant's signature.

The reason you are being treated as a "legal leper" is because all these individuals are in this corruption, together. As soon as they see you are not using an attorney, they automatically fear they may be being used to an end that is counter-productive to their fake-money system. Further, they are smart enough to know that the papers you may be serving could financially jeoparize one of their own's property or job security.

Sincerely,
truth

[test]

The 2004 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS


http://www.leg.state.fl.us/Statutes/...3EChapter%2048


Also

http://docs.suijuris.net/frcp_list/5/Rule%205.htm

[vanton57]

Test

I can tell you from experience with the process servers I have been around, as a rule, we didn't sit around and read the paperwork and really could have cared less what was in the documents. I think you are going over the top a bit in thinking that there is some sort of conspiracy or corruption amongst the process servers to stop you from having documents served. We served for individuals as well as law firms etc. As long as the money came in and the bill paid, we didn't care who or what it was as long as it wasn't criminal.

We were paid to perform a service, the service was performed.

Service can be performed by simply filling out a Certificate of Service and sending USPS certified return receipt without ever having to involve anyone or anything else.

Another way is have a 3d party (friend etc) file out a Certificate of Service and list the title of each document with the number of pages for each document, have the 3d party place these documents in the envelope, sign the Certificate of Service, and 3d party takes it to USPS mailing it certified return receipt. Another way, is to place the notice in the local newspaper where the individual being served is located. It has to be run XXX amount of times over XXX time period and that also serves as notice of service.

Paying a process server is not going to guarantee that the individual will respond. If you sent it certified return receipt and you received the green card back, you have your proof in your hand.

[test]

Thanks Vanton,

I am sorry I did not put anything else in my previos message to clarify, I was just posting the links to the Florida statutes and the FRCP in the suijuris web site because Eureka (the OP) might want to look at what the law says is the proper way of serving, I was not trying to imply anything at all.

And about the conspiracy thing (any conspiracy) we all know there are none of that at all don't we? (just kidding)

[KITCHIE]

You know since your have already served these docs and the company has not answered that is an admission of what your concerns were. Silence is an admission. I think you should do an affidavit signed under oath and under penalty of perjury stating everything you said in your paperwork in the affirmative. Send it registered mail and insure it. Then when you do not get an answer from them (which you won't) file it in the county along with your UCCFS and a discription of your property (meets and bounds). Make it something like,
MC's tacit agreement that bla bla bla.

Also I read that any questions you have about your mortgage are supposed to go to a ----shoot I can't remember the acronym for it something to do with Real Estate bla bla. Dang!! sometimers has struck again!!!

Kitchie

Vanton57, Test, Truth, Kitchie, thanks so much to all of you. I needed those links. I needed the first hand experience testimony. I needed all of that. Good education you all gave me in a few hours!

I believe there is some kind of conspiracy, at least in my county (name omitted due to my paranoia). What else might explain the negative reaction from the very same Sheriff's office? Hey, they are the ones to appoint the private PSs...are not they? Anyway, I already found one and talked to him. Nice and professional. I'll use it in the future.

After reading all your posts, I think I should follow, for my present situation, Kitchie's technique. The MC never answer anything. Besides, they never recorded the assignment in the Recorder's House. According to Florida Law they have no recourses in "equity" nor in "law" because of it. This sounds so good that I have troubles believing/understanding all implications of it. Should I file some other thing with the Affid of mailing and the UCC1?

Let me put it this way, and I need you all here. Don't know too much about court papers. I have already recorded other docs establishing fraud (have been ignored because I never served/sent them, just filed them). I did not know any better years ago.

I am sick and tired of this MC. Will I file an Affidavit of Default to claim the house is mine? (I have been doing other things to protect it in order to go with full force against them) What kind of Affid. or form should I better use for this purpose? I know they migh react against me; but then, they will need to face discovery and is not to their convenience. They don't go to court if it is not to foreclose on a poor, unaware victim. I prefer the administrative ways; but if they want the legal avenues I'll need to face it. I also got many bullets in my revolver and they know it.

Just, please, freely tell me what would you do in my situation. I know you are not lawyers and I won't hold you responsible for my own mistakes. But I need ideas from people like you.

Title XL. Chapter 701 ASSIGNMENT AND CANCELLATION OF MORTGAGES.

"(1) No assignment of mortgage upon real property or of any interest therein, shall be effectual in law or equity, against creditors or subsequent purchasers, for a valuable and without notice, unless the assignment is contained in a document which, in its t assignment of mortgage and its recorded according to law".

"(2) "the provisions of this section shall also extend to assignments of mortgages...transfers of all or any parts of the debt, note or notes secured by mortgage, same shall be effectual in law or in equity against creditors or subsequent purchasers......unless a duly executed assignment be recorded.."

I know the assignment was not recorded in order to hide themselves, because of the continuing fraud started since the beginning, among other reasons. I have filed and recorded "Missing Assignment Affidavit". I sent it to the MC, giving them a frame time to answer with a counteraffidavit point-for-point. I know they can't. But putting aside this fact. What would you personally do within the meaning of the above cite FL Statute? That part...."No assignment...... shall be effectual in law or equity, against creditors...." is torturing my little brain. Lack of knowledge and stress makes it even harder to think about my possible realm of possiblities.

Any feedback you give me (PLEASE!) will have an Entartaining value to me (...He,he..I'm thinking of HenryBowman now).