Posts made in November 2014

How to Retrieve State/Federal Court Records Electronically

Court Service

Determining Federal/State Court Records

1.Determine whether you need to retrieve State/Federal court records. To determine if a court is a State/Federal court:

a.Look at the caption (i.e., name of the court on a pleading).

•If the court is Circuit or Superior Court, it’s a State court.

•If it is District court, it’s a Federal Court.

•Appellate courts may be State or Federal and will have the name of the state in the title of the court, New York Supreme Court, or New York Appellate Court, for example.

b.Look at the laws that the court deals in order to determine if they are State or Federal laws. Divorce laws for example are State laws and bankruptcy laws are Federal, so divorce cases are heard in State court and bankruptcy cases in Federal court.

•Check the list of federal courts provided by the United States Courts systems, to see if the court is listed as a federal court. Continue reading

Things You Should Not Do After A Car Accident

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Car accidents are an unfortunate aspect of life for drivers, and they can occur unexpectedly. They can potentially be distressing for some people too. Whatever the cause of an accident may be, how you deal with the situation after the accident is very important. There are several things you should not do after a car accident, no matter who is at fault. Continue reading

What is Domestic Violence?

What is Domestic Violence?

We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Continue reading

Divorce: 8 Signs You Need a Lawyer

By: Paula Lennon

Takeaway: Some couples can divide amicably and fairly. Many can’t, and that’s where they get into trouble.

So, the life-changing words “I want a divorce” have just been uttered – or texted, instant messaged or emailed. Whether this statement came totally out of the blue or felt inevitable, the question for you, the soon to be divorced ex, is “What do I do now?”

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What is a paralegal and what do they do?

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Paralegals are legal agents who can perform many legal services for you and appear as your advocate in certain courts, the Immigration/Refugee Board,before the Provincial Offenses Courts and Small Claims Courts on your behalf.Going to court is a very expensive proposition at the best of times. Paralegals can help you reduce litigation costs and problems while saving you money. Continue reading

How Courts Decide on Custody Issues

By: Kye Duncan

Takeaway: While states differ in the way they approach arranging child custody, the best interest of the child is always viewed as the priority.

Child custody is a very emotional and sensitive issue. In most cases, although not all, child custody battles are a result of divorce. The parents are dealing with the breakup of their marriage at the same time as they are fighting for the right to have custody of their child. This can create a bitter situation.

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Finding The Right Tenants

One way landlords find tenants is by placing an ad for a rental unit in the local newspaper or Screen Shot 2014-11-25 at 8.04.24 AMon Web sites like Craigslist.org and Apartments.com. The ad should include a complete description of the property that details its size, monthly rent, how many bedrooms and bathrooms there are, and which appliances and utilities are included. If the landlord is considering year long rather than month-to-month leases, he/she should make that clear as well.

By listing all of these details in the ad, neither the landlord nor the potential tenant wastes time discussing or walking through a dwelling that’s wrong for the client’s needs. It’s also recommended that the landlord talk to all potential tenants over the phone before meeting at the rental property. This is another way to double-check that the unit is right for the tenant.

At an appointment to show the apartment, the landlord should come prepared with a rental application. The purpose of the rental application is to have written proof that the tenant has the income and financial stability to pay the rent on time and that he has a solid rental history with no evictions, legal problems with landlords or history of missed payments. Here’s some standard information that should be collected on a rental application:

Personal information: Name, address, phone numbers and an e-mail address for all applicants and co-applicants, including how many children and pets will be living in the unit.

Background check authorization: The applicant’s written permission to check his/her history. To run the Background in the United States, the landlord will need the applicant’s Social Security number and a copy of his driver’s license.

Income: Recent pay stubs and bank statements to verify the applicant’s monthly income and bank account holdings.   A good rule of thumb is that the monthly rent should equal no more than one-third of a tenant’s monthly income.

Employment history: A list of recent employers, including how long the applicant stayed at each job.

Code of conduct and rent agreement: The applicant should sign a code of conduct — what behavior is and isn’t acceptable on the property. The agreement should also include the rent amount.

Meeting with tenants and collecting applications is all part of the tenant screening process. It’s extremely important that the landlord understand any applicable fair housing laws to avoid any claims of discrimination during the screening process.

The basic rule of tenant screening is to establish a clear set of criteria against which all applicants will be judged. For example, each applicant must have a minimum amount of monthly income, no prior evictions. It’s a good idea to put that set of criteria in writing and have a lawyer take a look at it.   All decisions should be based on sound business logic, like using the same standards to evaluate each prospective tenant, not personal impressions. To avoid discrimination, a landlord shouldn’t make exceptions for one applicant if he wouldn’t make those same exceptions for all of them.  Once the landlord has found the right applicant, it’s time to sign the lease.

For more information on tenant screenings, you can get the results you need at www.undisputedlegal.com or call us at 1-800-774-6922 for a free quote today.

DUI: What to Expect

By: Paula Lennon

Takeaway: Driving under the influence is a serious offense, but it isn’t as cut-and-dried as the law makes it sound.

Driving under the influence (DUI) of alcohol or drugs is a serious driving offense – and a criminal one. In some states, it is called driving while intoxicated (DWI), while in others it’s referred to as operating under the influence (OUI). In all states, if your blood/breath alcohol concentration (BAC) is 0.08% or higher your faculties are deemed to be impaired.

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Choosing the Right a Process Server Agency

Finding a Process Server Agency can feel like a very intimidating task, especially when you justice-423446_640haven’t ever had the need to do so before.  The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right.  There are a couple of things that you should keep in mind as you look for the Process Server Agency that is right for you.

First, your Process Server Agency should be familiar with with the kind of case you have.   Many Process Server Agencies, like Undisputed Legal Inc., offer a variety of services and staff with more experience in Process Service, Court Service, Eviction Service, Skip Trace Service & Subpoena Service.  Taking advantage of a Free quote can be a great way to get a feel for what services Undisputed Legal Inc. can offer you, and whether or not they treat you as a person or case number.

This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case.  Undisputed Legal in particular has personable customer service standards that makes it clear that you are a priority to their business.  This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help.  If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty.  You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly.

Your case is individual, and your Process Server Agency should treat it as such.  By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires.  With Undisputed Legal you can expect a more pleasant and effective legal experience with less stress and confusion along the way.

For more information on Process Service, Eviction Service, Skip Trace Service & Subpoena Service visit www.undisputedlegal.com or call us at 1-800-774-6922 for a free quote today.