Court documents not properly served – Process server claims intimidation by DA’s office

The Fourth District Court of Appeal is tired of repeatedly addressing the same issues from homeowners looking to prove they weren’t properly served court documents in foreclosure cases.

A Fourth DCA panel Wednesday upheld Palm Beach Circuit Senior Judge Eli Breger’s finding that certified process server Timothy Toomey followed state law when he served a foreclosure lawsuit on homeowners Irma and David Davidian.

But the court took an extra step in its critique.

Bridgette Mentz came to the St. Tammany Parish Justice Center on Dec. 3, her 8-month-old baby in tow, to record a mortgage document and serve a summons and complaint on an assistant district attorney — tasks she had undertaken for Legal Wings Inc., a legal process/filing service co-owned by her father.

But Mentz found herself detained by a deputy as she tried to leave the courthouse, an experience that intimidated her and made her frightened for herself and her infant son, she said in a pleading filed in federal court earlier this month.

The assistant district attorney she was trying to serve, Julie Knight, had been named as a defendant in a federal civil rights lawsuit that, ironically, is being pursued by another process server…

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