NEW YORK CITY - SERVICE OF PROCESS - A PROPOSED END TO UNREGULATED CRIMINALITY

• NCJ Number: 7480
• Journal: Columbia Law Review Volume: 72 Issue: 5 Dated: (MAY 1972) Pages: 847-872
• Author(s): F M TUERKHEIMER
• Date Published: 1972
• Length: 28 pages
• Corporate Author: Columbia University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

LEGISLATIVE CHANGES ARE PROPOSED TO PROTECT DEFENDANTS IN CIVIL SUITS FROM FALSE AFFIDAVITS ON THE SERVICE OF SUMMONSES, AN ILLEGAL PRACTICE WIDESPREAD IN NEW YORK.

Abstract

THE INITIAL FOCUS IN THIS ARTICLE IS ON THE NATURE AND SCOPE OF THE PROBLEM AS REVEALED IN A FEDERAL INVESTIGATION OF THE PRACTICE. THE INVESTIGATION, WHICH FOLLOWED THE INDICTMENTS OF SEVERAL PROCESS SERVERS, REVEALED THAT AT LEAST HALF OF ALL THE DEFAULT JUDGMENTS ENTERED IN THE COUNTY CIVIL COURT ARE BASED ON FALSE AFFIDAVITS OF SERVICE. THE SECOND SECTION OF THE ARTICLE DISCUSSES TWO ASPECTS OF THE SERVICE OF PROCESS PROCEDURE - THE USE OF AFFIDAVITS SIGNED IN BLANK AND THE CONDUCT OF TRAVERSE HEARINGS - THAT ARE ESSENTIAL TO AN UNDERSTANDING OF WHY THE MECHANISM HAS GONE AWRY. SUBSEQUENT SECTIONS ANALYZE MEASURES ENACTED AND PROPOSED IN NEW YORK AND AT THE FEDERAL LEVEL TO DEAL WITH THE PROBLEM. THE AUTHOR CONCLUDES BY SUGGESTING A SERIES OF MODIFICATIONS OF CURRENT PROCEDURES TO PROTECT THE CONSTITUTIONAL RIGHTS OF