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Two Types Of Divorce

Uncontested Divorce

In an uncontested divorce, the spouses agree on everything and continue on without the courts assistance. The things they agree on are; alimony, division of assets, child support, spousal support, allocation of debts, custody, supervised/unsupervised visitations. These types of divorces are usually between spouses that have come to an agreement with their loss of love, possible Infidelity, or any stressor that lead to the divorce. Although it’s still a divorceit has its advantages, the biggest advantage being that since both spouses are agreed upon the terms of the relationship it makes the process much more smoother and less of a financial burden.

Contested Divorce

A Contested Divorce, on the other hand, is a divorce in which neither spouse cannot agree on anything, alimony, child support, spousal…etc. Sometimes One of the parties simply doesn’t want to get a divorce in the first place. This type of divorce usually takes the longest because there are often lot of counter offers about money and assets between the parties. Often couples will come to an agreement on terms of the divorce. This agreement is called a settlement. This is usually a relief to both parties because they have a sense of finality and an end of litigation.

In both instances its best to have a lawyer represent you instead of choosing to represent oneself. Abraham Lincoln said it bested “He who represents himself in court, has a fool for a client. Its always best to have legal representation because lawyers have studied 7-8 years specializing in the court system. Paralegals are also a great help.

Some divorces end in one spouse getting support. There are three different types of support, one being alimony. Alimony is given to a spouse when the spouse has been financially dependent on the other for the majority of their marriage.The other support being child support, which is asked for and given when one spouse gets primary custody of the child and needs support from the other spouse to help take care of the basic needs of the child.

No one wants to go through a divorce but unfortunately it happens, and when it does, its best to have legal representation and a little knowledge of whats to come.

Sacramento County Superior Court Small Claims Process

Sacramento County Superior Court classifies a “Small Claim” as a claim of a sum of money you believe is owed to you below or equal to the amount of $10,000. No one wants to have to go to court to have to get what they feel are legally owed to them but sometimes there comes a time we have to. If you’re not familiar with the Court Process LDA is here to help you! First let us prepare you for what you should expect when engaging in a small claims case. Sacramento County Superior Court allows you to start a Small Claims case $2,500 and above only twice a year, after that you can only sue for less than or equal to $2,500. But before you start the caseyou should ask yourself a few things. Are you willing to go through with the Collections Process? That leads to the next question, does the Defendant even have money? Are you willing to wait for the collection of the Judgment? And finally, is there a chance of you losing your case and losing money in a Counter Sue (Example; if the Defendant is found not at fault but they want to sue you for lost wages while undergoing the Court Process.) If you have no complications with the statements above than you may move on with your court case knowing some of the probable obstacles that may arise.
Once deciding you want to proceed with your Small Claims case you need to know the proper etiquette and suggestions when behaving and entering a Courtroom. First you want to make sure you stand up straight with good posture when speaking (standing with good posture gives most people a sense of presence and confidence.).When speaking about your case you want to be as brief as possible while explaining any document in your case. Third, it is fairly common to begin with the end of your story instead of the end so you can describe your loss, how it has affected you, the emotional value and finally the asking value. Only then should you continue the story in chronological order. It is important to remember the judge decides who is in the right, and who is the wrong and that you have to persuade the judge while stating and presenting facts. That saidyou should always show the judge the utmost respect by never interrupting them (judge) and answering their question to the best of your abilities. One last thing to remember is that judge that is certain that one side is morally right they will go through great lengths to find a legal reason to help side with that person. (Example; If you let, someone borrow a few hundred dollars so they don’t get evicted and they refuse to pay saying it was a gift the judge can also call it a gift under legal technicality if they identify with the defendant.). If you are ever in this positionyou should let make sure to express the loss you took financially, and emotionally having to give that money to said person. (Example; saying, “having given my friend that money I was able to get an extension on my electricity bill believing my friend was going to pay me back.”).
Say you have 15 witnesses on your roll call for your claim but they key witness doesn’t show.You should never be afraid the ask the judge for a continuance to get your affairs in order. A Judge will approve or decline the continuance if they feel the witness or missing document will make a difference in the case or their decision. (Example, awaiting dash camera footage would be appropriate for a continuance whereas your work schedule proving you left work to get on the highway at a certain time would not be appropriate.). Lastly, you need to remember that if a documentpiece of evidence, or person is important enough to be brought up in your story they are important enough to be in court.

Eviction Process

There are lots of different types of evictions notices; some involve court and some don’t. Before we get into that let’s talk about renters right first. All renters have certain rights that if violated can prevent a landlord from evicting them. These rights are as follows; right to privacy right to live in habitable unit, access to hot water, electricity, and heat during cold months. If any of these rights are violated, the tenant has the advantage in court if the landlord tries to convict them. Also, a Landlord can not just evict a tenant for no reason they need what is called a “Just Cause.” A Just Cause by legal definition means a “legally sufficient reason.” These reasons are, non-payment of rent, bounced rent checks from the tenant, habitually late rent payments, and broken terms of the lease. (IE; having two dogs when lease agreements prohibited pets.)

The landlord has the option to give a multitude of different eviction notices. One of these notices is a “Cure Or Quit” which in short means fix it or lose it. A cure or quit eviction notice is given to a tenant when the tenant has broken the terms of the lease but the landlord is willing to give them time to fix (or cure) the problem before moving forward with the eviction. Another type of eviction notice is the “pay rent or quit.” This notice is given when the tenant is late on their rent payment (around 3-5 days) and the landlord gives them a set time period to pay the rent and any late fees (if agreed upon in the lease) before the tenant has to vacate the premises. The last notice is an “Unconditional Quit.” An unconditional quit is when the landlord informs the tenant there is nothing they can fix or stay to remain in the rented unit after violating terms or having to many late payments.

If the tenant refuses to move out after any of the notices said above the landlord has the right to file an “Unlawful Detainer.” The legal definition of unlawful detainer is when someone is retaining possession of property without legal right. When filing an unlawful detainer it is not uncommon for a landlord to post a “Notice to Vacate.” A notice to vacate is a notice that is written by either the landlord or tenant giving a notice to leave the premises within a specified time frame, or to demand the same. These Notices include a 60 day notice, and a 30 day notice. A 60 day notice and 30 day notice are notices that give a specific time frame on when the landlord wants the tenant to move out and relinquish the property back to the owner. The eviction process is long and hard for everyone but the outcome and peace of mind at the end of it all is bliss.

Life Of A Process Server

 
 
Why be a process server? Some say it is, in a sense, a rush, 
something to pay the bills. To others it’s a lifestyle, a career. Being a 
process server is an interesting career choice because each serve can 
yield a different outcome. Every serve is different and an easy serve is 
almost always followed by cursing of the defendant being served. 
Above all else, most like process server system, meeting new people, 
being sneaky, interrogating, creeping, and tailing. It’s almost like 
getting paid to be Batman! What’s the downside? Well. Like most jobs 
there are risks, IE: a tightrope walker can fall, a mailman can criminally 
trespass, and a livestock brander can be rammed. Of course, all these 
risks can be avoided if one follows procedure or adapts to their own. 
The risks of a process server are extensive. You never know who is 
behind the door of the residence you are supposed to be serving. You 
never know the mindset of the defendant in question (the defendant 
could be angry because of divorce, or eviction that they feel is unfair.). 
Presentation is key, in some instances male divorcees have 
accused process servers of being involved in infidelity in there 
marriage. Wearing casual clothes more often than not gives the 
impression that you are more than likely affiliated with the plaintiff. 
Where as wearing business casual or straight business wear can give 
off the impression of working with the plaintiffs lawyer or a regular 
process server company such as LDA! Which is way better than being 
accused of any affiliation with the plaintiff. 
Aside from being Batman or Watson the perks of being a process 
server are almost better than the adrenaline rush. You’re not glued to 
an office chair or even set to regulated hours, you get to travel far and 
wide (within a three city radius typically) while getting reimbursed for 
gas. A Process server meets new characters every day and gets a hefty 
bit of insight into the legal system; it’s a perfect way into the legal field 
if that’s the route you’re going career wise. All in all being a process 
server is more than just a profession, it’s an adventure that never ends. 

California Adopts Change to Landlord-Tenant Notice Periods

WRITTEN BY POSTED ONTHURSDAY, 25 OCTOBER 2018

California Adopts Change to Landlord-Tenant Notice Periods

“What a difference a day makes.” That difference can mean a lot to tenants according to supporters of California Assembly Bill 2343. The bill, which was signed into law by Governor Brown on September 5 of this year, will not take effect until September 1, 2019. It modifies the way in which days are counted in the matter of certain notices that landlords are required to provide to tenants.

Specifically, those notices are the ones known as (i) a three-day notice to pay or quit, (ii) a three-day notice to perform a covenant (duty) under the lease, and (iii) a five-day notice to file an answer to an unlawful detainer (eviction) suit. Crucial to such notices, as is the case with performance clauses in contracts, is defining how days are to be counted.

Under current California law, for the notices in question, the days to be counted begin with the first day after the notice is served. However, if the last day for performance is a weekend or holiday, it is excluded from the counting. (California Code of Procedure §12).

Some examples:

1. If, on Monday, I am given a three-day notice to pay, then I must pay within the days Tuesday, Wednesday, or Thursday.

2. If I received the three-day notice on Wednesday, then Thursday and Friday are counted, but Saturday and Sunday are excluded from being performance days. The final day for performance would be Monday, provided it is not a holiday.

3. If I receive the notice on Friday, and Monday is a holiday, then my last day for performance would be Tuesday. Friday and Saturday, as well as the Monday holiday, are included in the counting, they just can’t be required as a performance day.

AB 2343 changes current law with respect to which days can be counted when a tenant is given notice. Now, not only are weekends and holidays not days when performance can be required, but also, they are not days to be included in the counting. The only days to be counted are so-called court days, i.e. Monday through Friday, provided that none is a holiday.

When the new law becomes effective, if I am served with a three-day notice on Friday, counting will not begin until Monday. My last day for performance, presuming no holidays are involved, would be Wednesday.

Does this make a big difference? It probably would if you only had Monday to deal with paperwork, perhaps secure a loan, or any of a number of easily-imagined scenarios. Proponents of the bill had stated “Legal services programs throughout the state report that they are visited by frustrated tenants every day who are able to resolve the situations leading to their eviction, but not within the extremely narrow time provided by California law.” This was a particular concern with the five-day notice to respond to an eviction filing.

As it is, the original version of AB 2343 sought considerably more than what survived through the amendment process. The original version had proposed that the three-day notice periods be extended to ten days, and that the five-day notice period be extended to fourteen.

The bill was co-sponsored by the Western Center on Law and Poverty and the California Rural Legal Foundation. It also had the support of a variety of tenants’-rights groups. The bill was opposed by, among others, the California Apartment Association and the California Association of Realtors® (CAR). After the amendments, CAR withdrew its opposition.

Process Server Vs. Sheriff

Who is best to hire to get legal papers served? While the Sheriff’s Department may be the cheaper option, it’s not the best option. The Sheriff’s Department only serves, during business hours, which will make it almost impossible to serve someone who works.

Defendants are not so quick to always answer the door for an officer in uniform. Professional Process Servers have a higher success rate than the Sheriff’s Department, to get the job done. If you think the Defendant may be evading service, you must hire a Professional Process Server.

Most of the time the Sheriff’s Department is extremely busy and it could take weeks for their 1st attempt. We serve in as little as 4 hours, upon request. We provide same day service and the Sheriff’s department can’t compete, with rush service options.

We pride ourselves in customer service. That’s why many people use our services time and time again. We deliver results. Fast.

Eviction Service In Sacramento

Eviction Service always begins with a Notice To Vacate, most commonly a 3 Day Notice. A 3 Day Notice can be served for: Non-Payment of Rent, demanding to correct a violation of the lease, and for illegal activity on the premises. The 3 Day Notice must be completely accurate. Check out our Eviction Services Tab at: www.legaldocassistants.com, for further information.

Sacramento Eviction Services

Landlord Assistance Only. We Prepare Eviction, Unlawful Detainer, & Notice To Vacate. Starting At $299. Did You Know After Serving A 3 Day Notice For Delinquent Rental Payments, You Shouldn’t Accept Any Partial Payments, After The Notice Expires?

The Future Process Server

Go Digital

Many courts already require e-filing so make sure that you are offering this service. Even if lawyers or individuals can electronically file documents themselves, process servers can provide a superior product by offering research and ensuring the paperwork is correct. If it is easier for someone to hire you versus e-file paperwork themselves, you can guarantee business. Take the time to become an e-filing pro in your area so that you are not left behind the curve.

 

Go where your Customers are

Don’t expect your customers to find you; put effort into advertising your business directly where your customers are. That means industry networks, process server associations, courthouses, and bar associations. You can take it one step further and offer your services directly to the local courts, or see if they have an affiliate or referral program. To get started, research courthouse and state bar associationsprocess server associations, and industry networks like ServeNow.

For more personal marketing, research law firms in your area and reach out. While they may already have a process server on retainer, it’s worth a quick introductory email to offer your services and prove why you are the best option in town.

Research New Ways to Serve

A savvy process server won’t just maintain the status quo. In order to make sure that you remain successful, research new technology that can aid accurately serving papers. There are multiple platforms that can make your day-to-day business operations easier, and help you serve. Just because something is working, doesn’t mean it can’t be better. Look into process serving software, upgrade your email to Gmail, and consider easier ways to accept credit cards.

Additionally, it’s important to recognize new technology that people are using every day that can change process serving. Doorbells like Ring and security cameras impact process servers, so take note how that changes your go-to routine, and how it may fit into applicable laws.

Access Already Available Technology

If you aren’t taking advantage of existing technology, you risk falling further behind and never catching up to process servers who embraced new ways to serve papers. GPS not only helps get you to the right address to serve papers, but it can help verify to the courts and your client that the papers are served to the right location. GPS makes your jobs easier while also improving success rates.

Electronic service of process is growing in popularity, so take the time to research applicable laws in your state, and keep that tool in your back pocket. You may have to get court approval to serve documents electronically (through social media, email, etc.) but having the knowledge and skill set to do so will help keep your business thriving.

Body cameras are a useful piece of technology that help protect process servers or provide evidence of service. In Denver, a process server provided clear evidence through his body camera that not only did he had the correct individual to serve, but that his claim of violent threat was true when a man pulled a gun on him while attempting to serve papers. Process servers everywhere should consider body cameras when serving routine paperwork should they come across a similar situation, or need proof of service.

The future of process serving should also include better safety measures, so utilizing technology like Erin’s List is a smart option for process servers. Erin’s List allows servers to report dangerous incidences in order to inform and protect future servers who may visit the same location.

Be Conscious of New Technology and Legal Trends

Even if you aren’t “techy,” it’s still vital to recognize where technology is going and how the future of process serving fits within these new tools and trends. Being aware of new technology gives you an edge because you will be able to readily apply new techniques should the technology become relevant to the legal industry. If you are left wondering what a new technology is after it’s become mainstream in process serving, you are already behind. Therefore, don’t immediately dismiss tech news or “buzzwords” you hear – do some research to see if it’s applicable to your business.

One example of legal technology trends is the Blockchain. Blockchain is an unmodifiable online digital ledger; Blockchain keeps track of transactions. Initially, it may seem like a tool strictly for online currency like Bitcoin, but a proof of concept Blockchain and process serving tool is on the horizon. This application program interface (API) tool would keep a digital ledger of successful service of process recorded in ServeManagerto a blockchain, with the potential to become a new, digital affidavit.

Create a New Product for the Changing Time

Don’t dismiss “un-servable” papers – use them as a way to find new processes, services, and technology to effectuate service. Invest in research and new ways to serve to help your company thrive and be at the cutting edge should process serving change with new digital advancements.

The future of process serving is changing with new laws and digital capabilities. The process server who researches, embraces, and implements new strategies to cope with the changing legal support landscape will gain new clients and maintain business in a challenging industry.

What is some technology that you’ve come across while serving? How have you changed your techniques to stay relevant?

This article has been provided by: https://www.serve-now.com/articles/2460/the-future-of-process-service

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