If the answer to any of those questions is “No”, then the entire case has to be started all over again. When we start uncovering evidence of systemic breakdown we’re going to be confronted with much larger problems and issues. What is the cumulative impact if a process server’s appointment was not renewed and she went out and served hundreds of lawsuits all across the county? What is the cumulative impact if a process server’s signature on returns of service does not match? Was someone else doing the purported service or was someone else filling out the return of service? Has anyone collected statistics on the attempts of service for process servers to determine whether all the alleged services are even statistically possible?
The Failure of the Process of Service of Process is another chapter in the revolting book called, The Failure of Everything and Everyone. At some point in the post mortem examination, we’ll have to examine the whole system, but for now, let’s just take a close look at each case and remember…..
Because strict compliance with statutory requirements of service is mandated, we conclude that failure to make the obligatory notations renders the service defective. We therefore reverse and remand for further proceedings. See Vidal v. Suntrust Bank, 41 So. 3d 401 (Fla. 4th DCA 2010).
Make no mistake, I’m a vocal and persistent defender of law enforcement and our Sheriffs. I want my law enforcement and judicial budgets pumped up. I want law enforcement officers well paid and budgets full. Now here’s a bombshell of a question…what if our Sheriffs departments across the state had been doing the service of process in the hundreds of thousands of foreclosure cases that have been filed and are currently pending? I’m no math wizard, but how ’bout we calculate the number of foreclosures filed in the county for 2009, then multiply by the average number of defendants. (Let’s not inflate that number with Unknown Spouses #4-#310 and Unknown Tenants #8- #240)
What you’re talking about is quite literally millions of dollars in revenue for each county’s law enforcement budget, paid for by the private sector that caused all this mess. As a consumer, a taxpayer, a voter, I would much rather see these millions of dollars being earned by my law enforcement and that money being used to pay for guns and cars and jobs and benefits for men and women who take an oath to Protect and Serve than seeing that money diverted into the hands of private companies with profit as a necessary business model.
This MULTI MILLION DOLLAR revenue issue for local law enforcement is yet another powerful reason why our courts need to clear the current backlog of stalled and flawed foreclosures through dismissals and force the firms to refile the cases….