Different modes of serving summons

The modes of serving summons are defined in CRPC for criminal cases while in CPC fir civil cases. The prescribed modes of service of summons are mentioned below. Let's take a look at them?

·         Service by court

According to order V, rule 9, where the defendant or his agent empowered to accept the service resides within the jurisdiction of the court in which suit is instituted, the summons must be delivered or can be sent to the proper office to be served or sent to a court approved courier service. According to sub rule 3, such as service can be made by delivering or even transmitting a copy by registered post  because of either the defendant or such agent by Speed Post or even a courier service.

·         Service of summons abroad

According to the rule 25 of order V, the defendant resides out of the country and has no agent in the country empowered to accept the service then, the summons will be sent to him or her at the place where the person is residing and send the same to him or her by courier service, fax message, email or by post.

·         Service on a defendant in prison

According to the rule of order V of CPC, when a defendant is confined in a prison, then the summons can be sending or delivered to the officer in charge of the prison by fax message, courier service or email, etc. The defendant can go for Forensicservice of summons.

Personal service

According section 62 or CRPC, for the procedure of serving summons personally. Also, clause (1) of this section states that summons must be served by a officer or by a court officer or even by any other public servant in accordance with the rule. According clause (2), as far as practicable, the summons shall be delivered personally on the person summoned. According to clause (3), the person on whom the summons is served should sign on the back of a duplicate if asked to do so by the officer.

·         Service by plaintiff

The court may (on an application by the plaintiff) permit such plaintiffs to affect the service of summons upon the defendant as per the provisions of order V rule 9A and summons under rule 9. If this service is refused, or if the person served refused to sign the acknowledgement of service or for any other reason the summons were not served personally, then the court will reissue the summons on a application of the party.

·         Service on adult member of family

Order V Rule 15 states that where the defendant is absent from his or her residence at the time of service of the summons and there is no likelihood of him or her being found within a reasonable period of time and the person has no agent empowered to accept service on his or her behalf, then the service can be made to any other person (adult) of the family residing with him or her.

Received a summons- what you need to do

 What is a summons?

It is a legal document that is notifying you or your required appearance in a court of low. This document notifies a person of civil case filed against him or her or their need to defend themselves in the court hearing. For this, you can go for service of summons.

How is a summons served?

 They are usually served by a process server to make sure that it is served accurately and legally within your states rules and regulations because it is required to officially notify a person of a summon. Also, if the person is not served accurately, it may be thrown out in a court of law.

What happen if receive a summons?

•             Read it carefully

When you receive a summons, you first read it carefully and thoroughly, read the subpoena for all the details related to the location, date and time of which you should appear in the court. Keep in mind that, you may lose case by default if you don't appear in court.

•             Look at the date

The summons will tell you the date of your first appearance in the court. Reach there in time because warrant may be issued for your arrest if you don't. Also, the first appearance is not a trial but it is the first step to find out more about the charge against you. Also, the prosecutor will provide information about the charges and give you their initial sentencing position that is the sentence they think the judge should give you. You can tell the court that what you plan to do about the charge. The court will set another date and time. You have enough time to review the information and consider your option.

•             What is the offence

The summons will also tell you the offence you have to answer. Generally, there are two types of offences- 1) summary conviction offences (they are considered less serious like shoplifting or causing s disturbance.), 2) indictable offences ( they are more serious like breaking and entering sexual assault or murder.

•             Fingerprinting

The summons will have a paragraph filed out saying you have to go to the local police station on a certain date and time to have your fingerprints and photography taken. If you don't go for it, you can be arrested and charged with the offences of failing to appear.

What happen if you don't respond to a summons document?

You can lose the legal case in which you are involved by default. Also, a warrant for your arrest for contempt of court may be issued should you fail to appear in a court of law.

A detailed guide on summons and forensic service of summons

 What is summons?

A summons is a legal notice given to a person letting him or her know that there is a complaint or lawsuit filed against him or her and the person are required to appear in the court to respond to the lawsuit. The importance of forensic evidence in court cannot be ignored because it is the key to proving that someone is guilty or innocent of the actions for which they have been charged. This is where Forensic service of summons comes handy.

Know more about summons

No matter whether you have been served summons to a hearing make all the difference between a law of court order being valid or invalid. We have a constitutional right to service of summons that summons we to a hearing at a particular date or time and that tells us exactly what the hearing will be about.

Furthermore, you will get an order that is signed by a court judge requiring certain actions or even monetary payment. It could be possible that you were served a Simmons to the hearing to that is resulted in the order being issued against you or could be you were not. In case you take that order to an attorney to employ that person to help you with legal advise about the order. That person must be ask of you had been served summons to the hearing in the first place. In case you have not served summons, then the judge's order is legally invalid as your legal rights were violated when that hearing was held without you.

Remember, the easiest way to win an argument is to tape your opponent's mouth shut. Also, your mouth was effectively taped shut if a hearing was held without service of summons. Your hired attorney should be willing to the asset your right to service of summons and you need the attorney to commit to doing so in a written contract with you. Also, the summons should include a motion that can be called by other names like petition, pleading or process. A summons to a hearing should include a motion that tells what the hearing is about while a motion can be served without a summons. A motion a written request made by one side against the other side in a lawsuit as well as is prescribed for the judge to take action by issuing an order at their request. In addition to this, the motion has no power unless it is signed in whole part or in part by a judge that turns the motion into a court of order. But, the motion should be served to the order party before to the hearing with the hearing date and time included for the hearing and signed order to be valid.

Furthermore, a summons calls 1) the other side to come to a hearing at a particular date or time, 2) the other side to make a written reply to the motion within a certain amount of time and 3) both of them.

Let's know about some FAQs about certified fraud examiner (CFE)

 Here are some FAQs related to Certified Fraud Examiner or CFE?

What is a CFE?

A certified Fraud Examiner is a leader in the anti fraud community and known as a specialist in the prevention and detection and deterrence of fraud.

Am I eligible to become a CFE?

Qualifications for becoming a certified fraud examiner or CFE South Africa include having high moral character and meeting minimum academic and professional requirements. Your eligibility for CFE certification is based on a point system that awards credit for education, fraud related experience and professional credentials.

How does one maintain his or her CFE credentials?

Certified fraud examiners must earn at least 24 hours of continuing professional education (CPE) every 12 month period, follow the ACFE code of professional standards and pay annual membership dues.

How much does the CFE exam preparation course cost?

The complete price of the CFE exam prep course is about $1,025. Associate members receive a discounted member price of about $850. Payment includes administration fee but shipping is not included and will be added to your first payment as well.

Can I receive a waiver of the CFE exam if I have been in the anti fraud industry for years?

No! All candidates have to take the CFE exam. Past experience or certifications will not exempt you from taking any part of the CFE exam.

How we can apply for the CFE exam?

You application and supporting documentation must have been processed before you take the exam. It includes your CFE exam application, all details of your experience, 3 professional recommendation forms and proof of your education and a recent photo and the exam fee. The cost of CFE exam is about $350. But, if you purchased the CFE exam prep course, then a $100 credit on the cost of the exam fee will applied and reducing the exam fee to $250. We advise you gather all the documents and sent them with your CFE exam application one month before you are ready to take the exam.

What options are available to apply for the CFE exam?

You need to submit your CFE exam application and payment online and visit the certification website to submit your supporting documentation.

Now download the PDF version of the exam application and submit a complete form along with all the required documents by mail or email to the address listed on the form.

What are the system requirements to take the CFE exam?

System requirements for this exam include windows 7, windows 8.1, windows 10, Mac OS × 10.6 or above. The screen resolution must be 1280 × 1024 or greater, high-speed internet connection, must have the ability to download Google Chrome extension, web camera and microphone. Browser should be set to allow java script, pop-ups, web camera access, cookies and microphone.

What is a CFE?

It is always better to investigate things instead of making excuses and prevent such things from happening again in future. This epitomizes that it is advisable to investigate fraud, allowing your business to uncover fraud sooner and avoid losses that can hamper your business and organization.

A professional CFE in South Africa is an individual with a range of skills that is not often found in any other career fields. CFEs have proficiency and expert knowledge of the financial transactions with an understanding of investigations and law to settle fraud claims.

No business or entity is completely safe from fraud and the damage that it can cause. Every other organization be it large corporation or small family owned business fraud is often inescapable, resulting in devastating outcome.

Taking the help and support of dedicated CFE in South Africa will enable you to protect you, your entity and strengthen your overall anti fraud efforts. The leading Certified Fraud Examiner services offer a range of digital forensic services at the most competitive rates.

CFEs are vital in today’s competitive business world. With the continuous advancement of technology continue to modify the way of operating of businesses the need for professional CFE has never been greater.

Many organizations all across the globe hire CFEs and depend upon them to protect the assets of the company and aid in prevention, detection and investigation of fraud. Today no sector is safe from financial, corruption and fraud.

Skilled and experienced CFE experts have proven expertise in fraud prevention, detection and obstruction. They are well trained to track and identity the warning signs and red flags that showcase the proof of the fraud and fraud risk.

The professional CFEs of South Africa perform a variety of services in many different industry verticals. In fact they are part accountant, part investigator; part attorney and part criminologist.

The kinds of services performed by CFEs vary based on the professional’s specific role and background. Services provided by the CFEs can include examination of fraud, analyzing data, transactions and financial statements, writing of reports, presenting investigations findings, reconstructing of accounts, conducting the background checks, recovering or locating hidden assets, testifying in court etc.

Professional CFEs of South Africa focuses on four bodies of knowledge critical to the fight against fraud – Financial transactions and fraud schemes, law, investigation and fraud prevention and deterrence.

Expert CFEs have an eagle eye and the ability to

·          Understand the manner the fraud is committed and how it can be tracked and identified.

·          Scrutinize and inspect the books and records to detect and trace fraudulent transactions

·          Interview the suspects to obtain confessions and information

·          Write the investigation reports, advise clients as to their findings, and testify at trail and

·          Understand the underlying factors that motivate people to indulge in fraudulent activities.

Professional CFEs have unique skill sets that are not found in any career field or discipline. The expert and well trained personnel combine the knowledge of complex financial transactions with an understanding of methods, law and how to resolve allegations of fraud.

It is imperative to take their help and support to not only uncover the fraud that took place but also to get warning signals about the probable fraudulent practices so that appropriate course of action can be taken in time.

 

How does Digital Forensics Investigation Helps You

 Some of the techniques that are used by digital forensics professionals in relation to criminal activities are checking for evidence, tracking suspects and taking fingerprints. Digital or computer forensics is a practice that is being used more commonly today because of the increased usage of computers and other devices, many people know very little about what it is. Thus, what is digital forensics and why it is important today?

Today, majority of households and businesses posses computers to communicate, listen to music and watch tv as well. But this led to a surge in the numbers of crimes that involve computers and other digital devices. An agency that has experience of using specialized techniques to identify data within a computer that could link a person to a crime. Such techniques are grouped under the collective term which is computer forensics or digital forensics.

These agencies follow a process to make sure that none of your data is damaged that could potentially compromise the integrity of an investigation. Also, this process starts with forensics imaging that creates a binary copy of a computer hard drive. Their analyst can then pinpoint what the computer has been used for and how which is detailed in a comprehensive report that can be further used as part of a criminal investigation.

Tips to choose digital forensics expert

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      Digital forensics expert must have the capability to manage the crimes. The person ought to accumulate strong proof to start the simple investigation. Also, the evidence might incorporate the pictures and any other proof. A person's computer forensics professional must gather information from computer jogging software.

·         The digital forensics pro must put together a document of the configuration of the laptop technique. It contains up-to-date configuration, challenging disks purchase and other storage techniques as well as networking hardware. The person need to check out to acquire information from transportable storage products.

·       He or she must collect the information and facts about the figure prints on the keyboard keys and mouse keys to acquiring sound evidences. The digital forensics pro will need to investigate the offered evidences in the lab to attach with other computer to scan virus and test modern modification in the information stored in the storage device to eject arrive evidence.

·      Digital forensics can be used as part of a vast range of investigation because of the wide-reaching digital evidence that can be gathered by investigating a computer system. These investigations include murder, terrorism, sex offences, fraud, drug dealing, blackmail, identify theft and other serious activities.

Information about the computer or digital forensics and other related practices that this digital forensics agency or expert provides can be found on their websites. Any company that suspects that their computers are being misused must contact a digital forensics expert. 

What is Digital Forensics and Security?

Over the past few years there has been a massive growth and development in the world of technology. Although when we sit back and think about it, these tech developments have really aided us in our personal lives as well as our businesses, they are also being used for bad! Tech growth is not only positive, but also an easy way for scammers and criminals to steal your precious data, private information and hard-earned money,