Private Investigator Archives - Air Capital Process Service

Process Server’s Car Stolen

March 28, 2012/in Affidavit of Service, Evasive Respondent, Petition, Private Investigator, Process Server, Proof of Service, Restraining Order, Skip Tracing, Subpoena, Summons, Trespassing, Uncategorized, Writ, Writ of Attachment /by Nick

Bryon Mcelderry is a process server in New York. He has documented many of his experiences as a server on video. Obviously, the ones he published on YouTube are, no doubt, some of the more dramatic endeavors. After all, who wants to spend their day watching everyday, run-of-the-mill serves? The vast majority of serving of processes are what most of us would consider to be boring and uneventful. An uneventful experience is what we should strive for in commercial aviation as well as in serving legal documents. I would like to make some observations in regard to one of Mr. Mcelderry’s brief videos titled, “Showdown in the slums/Feud on the Farm.

The first episode shows Bryon’s SUV being stolen. Read more

“Serving Sara” Movie Clip

March 21, 2012/in Affidavit of Service, Evasive Respondent, Notice to Quit, Petition, Private Investigator, Process Server, Proof of Service, Restraining Order, Skip Tracing, Subpoena, Summons, Trespassing, Uncategorized, Writ /by Nick

When I suspect that a respondent may be evasive, I obtain a current photo and/or at least a physical description of the person to be served. One of the best sources for this information is from the plaintiff. However, there are many alternate sources for a person’s ID. After viewing this brief movie clip, you can see what the results can be without this info.

In this video, the process server entered the defendant’s apartment. In all circumstances, Read more

Trespass Laws vs. Serving of Process

March 14, 2012/in Affidavit of Service, Notice to Quit, Petition, Private Investigator, Process Server, Proof of Service, Restraining Order, Skip Tracing, Stake Out, Subpoena, Summons, Surveillance, Writ, Writ of Attachment /by Nick

In general, all trespass laws apply to serving of process. Some states a “Registered Process Server” are granted a limited exemption or affirmative defense against trespassing. According to Kansas Statute 21-371 it is illegal to enter or remain on any land without the owner, tenant or other authorized person’s consent. There are three basic methods for an owner or authorized person to communicate to the intruder that they are trespassing. Posting “No Trespassing” signs along the the property line is obviously one way. Posted signs labeled “Private Property” indicates nothing about keeping anyone off the property. “No Hunting”, “No Fishing” and “No Swimming” signs bar only those specific activities on the premises. A “No Trespassing” sign bars everyone. Another method a landowner can secure his property from trespassers is to fence, enclose or otherwise secure against passage or entry. Properly posted “No Trespassing” signs along the property line and/or a “secured” property is reason enough not to enter the property. These two methods are listed in subsection (a) (1) (B): “…posted in a manner reasonably likely to come to the attention of intruders, or locked or fenced or otherwise enclosed, or shut or secured against passage or entry;…”. Criminal Trespass charges usually involve law enforcement. Read more

Strange Car in the Neighborhood

March 6, 2012/in Affidavit of Service, Mobile Surveillance, Notice to Quit, Petition, Private Investigator, Process Server, Proof of Service, Restraining Order, Skip Tracing, Stake Out, Subpoena, Summons, Surveillance, Writ, Writ of Attachment /by Nick

Nobody likes to see a vehicle, new to the neighborhood, parked in front of their home for any length of time. When this happens to us, we should be concerned, especially as a homeowner with children. The local law enforcement should be notified. Being a part of a Neighborhood Watch program can be very beneficial in deterring crime. These types of programs are not only to report suspicious activities and crime, but they are also designed to confront and resolve other problems within the neighborhood. These problems could include drug abuse, loitering or abandoned cars, etc. If you do not already have such a program in your neck of the woods, I highly recommend you start one.

A fixed surveillance or stakeout is common practice for a private investigator to collect vital information on a assigned subject. A stakeout is usually conducted from a building or a vehicle. Using a vehicle for visual surveillance of a particular subject, vehicle, or place can be a problem if a homeowner calls the police. Read more

Laws Prohibiting Interference with Service of Process

February 22, 2012/in Affidavit of Service, Mobile Surveillance, Notice to Quit, Private Investigator, Process Server, Skip Tracing, Surveillance /by Nick

Federal Law, Title 18 U.S.C. Section 1501. Assault on process server, covers this subject. It reads in part:

” Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge… Read more

PI Found Guilty of Stalking

February 16, 2012/in Mobile Surveillance, Private Investigator, Process Server, Skip Tracing, Surveillance /by Nick

The case I’m referring to reached the New Hampshire Supreme Court: Miller v. Blackden 913 A. 2d 742 (NH Sup. Ct. 2007). “Leaning on your ex” is considered stalking because the conduct of the private investigator’s mobile and fixed surveillance was not necessary for a legitimate purpose. To the best of my knowledge, it is extremely rare for a PI to be accused of stalking while in the course of an investigation. Stalking laws vary from state to state. In 2008, the Kansas legislature enacted some changes making the wording much more specific in the Kansas Stalking Statute 21-3438. Learn more about the Stalking Statute here. Read more

Supreme Court: GPS Tracking Requires a Warrant

February 7, 2012/in Mobile Surveillance, Private Investigator, Process Server, Skip Tracing, Surveillance /by Nick

Recently, the Supreme Court affirmed the D.C. Circuit’s ruling that the installation of a GPS tracking device upon a suspect’s vehicle was considered a “search” under the the Fourth Amendment. In general, a search requires a warrant which would now apply to GPS “bumper beepers”. When it comes to mobile surveillance, I see no difference in physically following a suspect by car and in following the car by GPS. Read more

Sloppy Process Service

January 31, 2012/in Affidavit of Service, Private Investigator, Process Server, Surveillance /by Nick

No-o… I am not referring to my service. All registered and licensed process servers have the legal responsibility to retain comprehensive records of service. At Air Capital, we keep a record of all attempted and completed serves regardless of the type of case it may be. We keep photo copies of all the Affidavit of Service , Proof of Service and Inability to Serve Process that were filed with the appropriate courts. Read more