Posts made in December 2018

Rules For Serving A Subpoena

By: Undisputed Legal/Subpoena Service Department

There are three kinds of Subpoena’s,

I. Subpoena To Testify. (Ad Testificandum)

Requires a person to come to the Court to testify as a witness.

II. Subpoena For Records. (Duces Tecum)

Requires documents, papers, writing, etc. to be brought to the Court.

III. Information Subpoena.

Requires the information be provided to the person requesting it.

Methods of Service

A Subpoena to Testify or a Subpoena for Records is generally served on an individual by a process server personal (in hand) delivery. For service on an individual, under certain circumstances it may be appropriate to use an alternate method of service such as “Substituted Service” or “Conspicuous Service.”

Background Checks – What You Need To Know

By: Undisputed Legal/Skip Trace Department

An employer may ask you for all sorts of information about your background, especially during the hiring process. For example, some employers may ask about your employment history, your education, your criminal record, your financial history, your medical history, or your use of online social media.

It’s legal for employers to ask questions about your background or to require a background check — with certain exceptions. They’re not permitted to ask your for medical information until they offer you a job, and they’re not allowed to ask for your genetic information, including your family medical history, except in limited circumstances.

What happens if I die without a will?

By Undisputed Legal/Court Service Department

If you die without a will, your property still must be distributed. The probate court in your area will appoint someone (who may or may not be the person you would have wanted to comb through all your affairs) as the administrator of your estate who will be responsible for distributing your property in accordance with the law of your state.

What is Rent Stabilization?

By: Undisputed Legal/Eviction Service Department

In New York City, apartments are generally under rent stabilization if they are: 

  • In buildings of six or more units built between February 1, 1947 and December 31, 1973; 
  • In buildings built before February 1, 1947, with tenants who moved in after June 30, 1971; 
  • In buildings with three or more apartments constructed or extensively renovated on or after January 1, 1974 with special tax benefits.
    Outside New York City, rent stabilized apartments are generally found in buildings with six or more apartments that were built before January 1, 1974.
    Local Rent Guidelines Boards in New York City, Nassau, Rockland and Westchester counties set maximum rates for rent increases once a year which are effective for one or two year leases beginning on or after October 1 each year. Tenants in rent stabilized apartments are entitled to required essential services and lease renewals on the same terms and conditions as the original lease, and may not be evicted except on grounds allowed by law.

Are You A Victim Of Identity Theft?

By: undisputed Legal/Court Service Department

If a debt collector contact you about debt you do not believe you owe, follow these

steps:

  1. Check your credit report. You are entitled to one free credit report each year from

three major credit reporting agencies.  To get your credit report , visit www.annualcredit 

report.com or call (877) 322-8228. For identity theft prevention tips, visit nyc.gov/dca or 

Call 311.

2.   File a police report at your local precinct 

3.    Dispute the debt in writing within 30 days and send a copy of your police report 

Fifth Amendment Right To Counsel – Know Your Rights

By: Undisputed Legal/Court Service Department

Constitutional Requirement

1. No person shall be compelled in any criminal case to be a witness against him/herself. (Fifth Amendment, U.S. Constitution)

  1. Right must be asserted to take effect.
  2. Provision prevents the defendant from being called as a witness for the prosecution in a criminal case.
  3. Provision prevents the prosecution or any witness from commenting upon the defendant’s failure to take the stand or to answer questions.
  4. Limited to testimonial evidence (oral or written).

Colorado Process Server Laws

By: Undisputed Legal/Process Service Department

Process Server Requirements

 

Colorado does not have any education or registration requirements for private process servers. Colorado Rule of Civil Procedure 4(d) provides as follows:

(d) By Whom Served. Process may be served within the United States or its Territories by any person whose age is eighteen years or older, not a party to the action. Process served in a foreign country shall be according to any internationally agreed means reasonably calculated to give notice, the law of the foreign country, or as directed by the foreign authority or the court if not otherwise prohibited by international agreement.

Driving with a Suspended or Revoked Drivers License?

New York Motor Vehicle Laws

By: Undisputed Legal/Court Service Department

It is a criminal violation to drive while your license is suspended or revoked, and there are mandatory fines from $200 to $5,000. You can face mandatory imprisonment or probation. The vehicle being driven could be seized and forfeited. More severe penalties apply to drivers who drive while intoxicated or impaired by alcohol or drugs while their license or privilege are already under suspension or revocation for a previous

Rules Debt Collectors MUST Follow!

By: Undisputed Legal/Court Service Department

False Claims and Harassment Are Illegal

A debt collection agency may not make false statements, including

  • Claim that it represents a government agency, such as a marshal, sheriff, or District Attorney Office
  • Threaten, that you will be arrested
  • Threaten that it will report you to immigration authorities
  • Claim that you have committed a crime
  • Threaten that it will have you evicted take or garnish your wages, take the money from your bank account, or take your personal belonging without first obtaining a judgement against you in court.

What is Rent Regulated Housing?

By: Undisputed Legal/Eviction Service Department

Rent Control 

Rent control limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants. The rent control program applies to residential buildings constructed before February, 1947 in municipalities that have not declared an end to the postwar rental housing emergency. Rent control is still in effect in New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties.