About Customer Service

The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.

HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

The Governments of the countries hereinafter specified: the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland; In view of the permanent character of the Hague Conference on Private International Law; Desiring to stress that character; Having, to that end, deemed it desirable to provide the Conference with a Statute; Have agreed upon the following provisions:

Article 1

The purpose of the Hague Conference is to work for the progressive unification of the rules of private international law.

Article 2

(1) Members of the Hague Conference on Private International Law are the States which have already participated in one or more Sessions of the Conference and which accept the present Statute.

(2) Any other State, the participation of which is from a juridical point of view of importance for the work of the Conference, may become a Member. The admission of new Member States shall be decided upon by the Governments of the participating States, upon the proposal of one or more of them, by a majority of the votes cast, within a period of six months from the date on which that proposal is submitted to the Governments.

FEDERAL RULES OF CIVIL PROCEDURE FOR PROCESS SERVICE

Disclaimer: Due to the rapidly changing nature of the law, there will be times when the material on this site will not be current. It is provided for general information purposes only and is not intended as legal advice. It should not be considered comprehensive or exhaustive and is not a substitute for advice from your attorney. We make no express or implied warranty as to the material’s accuracy, reliability, completeness, timeliness or appropriateness for a particular purpose, including applicability to your jurisdiction or circumstances. We assume no liability whatsoever for any direct, indirect or consequential damages resulting from your reliance on this material; you do so at your own risk. Seek the advice of an attorney. Comments, corrections or suggestions should be directed to info@undisputedlegal.com.  The information listed below may have been amended. For updated process serving legislation, please visit the New York Judiciary and Courts, which can be found at the United States Court website.

PROCESS SERVICE

(1) In General. A summons must be served with a copy of the

complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

(3) By a Marshal or Someone Specially Appointed. At the plain- tiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. Continue reading

New York Town/Village Court Filing Fee’s

[Filing fees are set forth in section 1911 of the Uniform Justice Court Act]

Item Fee
Filing of first paper $20
Demand for Jury Trial $10
Notice of Appeal $5
Small claims [section 1803(a) of the Uniform Justice Court Act] – Claims of $1000 or less $10
Small claims [section 1803(a) of the Uniform Justice Court Act] – Claims of more than $1000 $15

For information on Court Services visit www.undisputedlegal.com, or Call (800) 774-6922 Representatives are ready to assist you.  

New York Civil Court Filing Fee’s

Fees must be paid by cash (exact change only), certified check, money order or bank check made payable to: “Clerk of the Civil Court.” Personal checks are not accepted.

Service Amount Statutory Authority
Filing a small claim
$15/20
NYCCCA 1803(a)
File a counterclaim to a small claim
$ 5.00 plus postage
NYCCCA 1803(c)
File a commercial claim
$25.00
plus postage
NYCCCA 1803-A(a)
File a commercial claim in a consumer credit transaction
$25.00
plus postage
NYCCCA 1803-A(b)
File a counterclaim to a commercial claim
$ 5.00 plus postage
NYCCCA 1803-A(d)
Issue a summons, etc.
$45.00
NYCCCA 1911(a)
Filing a Consumer Credit Transaction
$140.00
NYCCCA 1911(b-1)
Filing first paper, etc.
$45.00
NYCCCA 1911(b)
Filing infant’s compromise
$40.00
NYCCCA 1911(c)
Filing notice of trial
$40.00
NYCCCA 1911(d)
Entry of judgment on confession
$45.00
NYCCCA 1911(e)
Filing of judgment in a Consumer Credit Transaction commenced prior to September 1, 2010
$95.00
NYCCCA 1911(n)
Filing notice of appeal
$30.00
NYCCCA 1911(f)
Issue satisfaction of judgment, etc.
$ 6.00
NYCCCA 1911(g)
Demand for jury trial
$70.00
NYCCCA 1911(h)
Exemplification
$15.00
NYCCCA 1911(i)
Certifying a paper
$ 6.00
NYCCCA 1911(j)
Issue notice of petition
$45.00
NYCCCA 1911(k)
Name change
$65.00
NYCCCA 1911(l)
Transcript of Judgment (Filing)
$25.00
CPLR 8021(b)(7)
Transcript of Judgment (Issuance)
$15.00
CPLR 8021(b)(11)(c)(3)
Production of Court Record
$20.00
CPLR 8020(h)

 

For information on Court Services visit www.undisputedlegal.com, or call (800) 774-7922 Representatives are ready to assist you.

New York Surrogates Court Filing Fee’s

§2401. Fees in the surrogate’s court; general provisions.
1. In the surrogate’s court fees for service, filing and other matters shall be as provided in this article to the exclusion of other statutory provisions unless expressly stated to the contrary.
2. The clerk of each surrogate’s court shall charge and receive for the services and matters herein set forth the fees indicated in this article which shall be payable in advance.
3. All fees shall be the property of the county unless otherwise provided by law.
4. Unless specifically indicated no fee is chargeable for motions made in a pending proceeding or for ex parte applications.
5. The fees in the surrogate’s court of each county of the state shall be the amount specified in the rate column for the service or matter indicated.

§2402. Fees; amount of.
1. Probate. Upon filing a petition to commence a proceeding for probate of a will the fee shall be as shown by the following schedule computed initially upon the gross estate passing by will as stated in the petition; provided however that in a proceeding for ancillary probate of a will the fee shall be computed only upon the property within the state passing under such will and provided that in all cases if the value of the estate so passing as subsequently shown by a tax return filed under article twenty six* of the tax law, by a proceeding under such article, by any proceeding in surrogate’s court involving such estate, or by such papers or documents in connection with such estate as court rules may require to be filed with the court, exceeds the value originally stated and upon which the fee was paid, then an additional probate fee shall be immediately payable. Such additional fee shall be the difference between the fee based on the value subsequently shown and the fee which was initially paid. In the event that the value of the estate so passing as subsequently shown is less than the value originally stated and upon which the fee was paid, then a refund shall be made which shall be the difference between the fee initially paid and the fee based on the actual value subsequently shown.
*So in original. Probably should be ”twenty-six”
The fee paid in a probate or ancillary probate proceeding includes all charges except if probate be contested, fees as required for filing objections, demand for jury trial or for filing note of issue shall be payable. Continue reading

Changes To Landlord Tenant Laws – New York

Effective June 17, 2019, the following changes will take effect, this is a must read for all. Click on the link below.

Changes To Landlord Tenant Laws – New York

For information on Eviction Services visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

 

Consumer Warning-This is a Must Read!

 

Comments

M. Higbee

Hi Paul. Thank you for inviting me to comment on your article. There are more inaccuracies and mischaracterizations than I care to address. However, I will quickly point out a few.

My client’s decision to no longer pursue the claim had absolutely nothing to do with the fact that your client decided to retain counsel, but simply the discovery that your client was a non-government entity (NGO), which, along with other economic related factors, put it outside of my client’s enforcement parameters. The inference that we do not like working with attorneys is not true. While we are happy to work with unrepresented parties, our preference is to deal with attorneys who understand the nature of the claims. A majority of the claims we resolve involve represented parties.

Our clients choose which cases we pursue. Generally, our clients choose to have us only pursue unauthorized use of their work by persons or entities that provide or promote goods or services for a fee, generate ad revenue, or solicit contributions. We never intentionally pursue private non-commercial infringements. That being said, often times it is difficult to accurately assess an infringer based on the limited information available, especially when the natural tendency of most websites is to make the entity look bigger and more successful than it is. Whenever we discover a case is outside our firm’s or our client’s enforcement parameters, we close it (even if offers to settle have been received) and take any necessary steps to prevent similar errors in the future.

Anyone who believes that the existence of a screening stage prior to the litigation stage is proof that no screening is done at the pre-litigation stage needs to gain more insight on how law firms and businesses that depend on efficiency operate. Every law firm will take what they learned during the pre-litigation stage and evaluate it before making a recommendation about litigation to their client. The cases we litigate or that we refer to other law firms to litigate are all screened multiple times prior to pre-litigation and litigation efforts.

We never pursue a claim that we do not believe has merit. We also never state that a claim will definitely involve statutory damages, but instead, we caution people as to what may be possible. The initial letter is sent at a time when we know very few facts about the extent of the infringement or how many other images may have been infringed. It is not uncommon for us to find additional infringements even after we begin litigation that may give rise to statutory damages. Also, during the pre-litigation stage, we often do not know the viability or availability of additional claims that could give rise to statutory damages and attorneys fees, for instance, violations of 17 U.S.C. 1202, which involves alteration or removal of copyright management information, and does not require registration for an award of statutory damages. Some of our clients have thousands of registered images that they have not yet matched to their image library. So, Ms. Alvarado’s statement about the image not being registered was accurate for purposes of our reaching a settlement, as we would negotiate a resolution as if the image was not registered; however, there is a chance that we would later need to revise our position on whether or not the image was registered. Our goal is not to be heavy-handed, but rather to convey the seriousness of the matter and caution the business about the potential risks. We also suggest they consider consulting an attorney.

Copyright infringement is a big problem that threatens the livelihood of talented artists and the viability of important publishers of news and commentary. Unlike other areas of property theft or trespass, which are primarily policed by government entities, the protection of intellectual property falls almost exclusively on the copyright holder. Policing anything is difficult. Policing large scale infringement is beyond difficult. However, our tremendous success rate in and out of court is a testament to our ability to do things right. That being said, I know we are not perfect and there is always room for improvement.

So, let me conclude by saying the following: my law firm has been blessed with the opportunity to represent incredible artists and professionals from all over the world, not to mention two of the world’s three largest news agencies. We are proud to represent them and to help them solve a very challenging and serious problem. I welcome any criticism as an opportunity to find ways to improve our ability to better achieve our goal of protecting our client’s work with the integrity and professionalism they expect. To the extent that your article provides an opportunity to do that, I thank you. I wish you the best of luck in the future.

Mike Spaulding

Paul:

Thank you for this article. It explains my experience to a “T.” Received a Higbee demand letter related to an article I received from a friend who does a news podcast. The article gave a run down of that particular night’s show with some brief commentary. I reposted the article. Unbeknownst to me, the article contained a picture that Higbee says infringed upon their client Agence France-Presse. I removed the picture but Higbee’s clerks are still emailing me wanting payment. Now I understand why.

Thank you!

Mike

Matthew Chan

This recent expose about Higbee & Associates and their demand letter scheme written and researched by Mr. Levy was an unexpected surprise. It is an amazing piece of work filled with analysis, research, cross-references, links to letters/emails, and so much more. The time, effort, and work Mr. Levy put into this project are substantial. I have no other word to describe this expose except that it’s “packed”.

I have followed the Higbee Demand Letter Scheme for years through the hosting of a dedicated Higbee Associates Letter & Lawsuits forum on the ExtortionLetterInfo website. I have seen no singular article that has as much analysis packed into this article as this one. Nothing else written thus far comes close to touching Mr. Levy’s work. I say this being very familiar with the Higbee operation and their demand letter scheme. Nevertheless, I still need more time to go through every link Mr. Levy provided and put it all into context in my mind.

Unless Mr. Levy decides to do a follow-up, his article will be the definitive “go to” article for anyone receiving a Higbee Demand Letter. It is a MUST READ! Through Mr. Levy’s and Public Citizen’s ongoing advocacy for consumers, Mr. Levy has called out the Higbee operation in a very big, unique, and public way.

EXAMPLE OF NEW YORK SUBPOENA

COMPOSITE EXAMPLE OF NEW YORK SUBPOENA

PURSUANT TO THE UNIFORM INTERSTATE DEPOSITIONS

DISCOVERY ACT 

Stat of New York Civil Practice Law and Rules § 3119

PLEASE NOTE:

COUNTY CLERKS IN NEW YORK DO NOT PROVIDE SUBPOENA FORMS.

THIS EXAMPLE IS NOT AN OFFICIAL FORM, AND IS PRESENTED FOR 

ILLUSTRATIVE PURPOSES ONLY.

****************************************

SUPREME COURT OF STATE OF NEW YORK 

COUNTY OF _______________________________                                                                 COUNTY CLERK LOG NO.

_______________________________________________________________x                              SUBPOENA 

                                                                                                                                                                                                                                                                                          

                                                                            Plaintiff/Petitioner,                              

              v.                                                                                                                                                                                   

                                                                                                                                             Originating State:

                                                                          Defendant/Respondent.                        Originating County:

_______________________________________________________________x                              Originating Court:

                                                                                                                                             Originating Case No.

SUBPOENA/SUBPOENA DUCES TECUM

Pursuant to the Uniform Interstate Depositions and Discovery Act

(Personal Attendance Required/Not Required)

TO: [NAME] [ADDRESS]

 

WE COMMAND YOU to appear at the time, date and place set forth below to testify at a deposition to be taken in this civil action and

each of you appear and attend before __________________________________________________

at _________________________________________________, on the _________ day of ______________, 20___, at________ o’clock, in the ___________________ noon, and at any recessed or adjourned date to give testimony in this action on the part of______________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________; 

and/or that you bring with you, and produce at the time and place aforesaid, the following documents, electronically stored information, or objects, and permit their inspection, copying, testing or sampling of the material:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;

and/or that you permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date and location set forth below, so that we may inspect, measure, survey,, photograph, test, or sample the property or any designated object or operation on it

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

FAILURE TO COMPLY with this SUBPOENA is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed one hundred fifty dollars and all damages sustained by reason of your failure to comply.

 

Additional Information:

[if any is contained in the Out-of-State subpoena]

 

Contact Information of Counsel for 

all parties (or contact information for parties pro se)

in the action:

 

Name

Address

Telephone Number Parties) Represented: 

(Repeat as required.)

Dated:_______________   ,______________(state)

            ________________________________

Court Clerk:__________________________________

                                                                                                                                                                                                                                                           

Civil Practice Law and Rules § 314

Service without the state not giving personal jurisdiction in certain actions.

Service without the state not giving personal jurisdiction in certain actions. Service may be made without the state by any person authorized  by  section 313 in the same manner as service is made within the state:

    1. in a matrimonial action; or

    2. where a judgment is demanded  that  the  person  to  be  served  be excluded  from  a vested or contingent interest in or lien upon specific real or personal property within the state; or that such an interest or lien  in  favor of either party be enforced, regulated, defined or limited; or otherwise affecting the title to such property, including an action of interpleader or defensive interpleader; or

    3. where a levy upon property of the person to be served has been made within the state pursuant to an order of attachment or a chattel of such person has been seized in an action to recover a chattel.

For information on Serving Divorce Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Civil Practice Law and Rules § 313

Service without the state giving personal jurisdiction

Service  without  the state giving personal jurisdiction.   A person domiciled in the state or subject  to  the  jurisdiction  of  the courts  of  the  state  under  section  301  or  302, or his executor or administrator, may be served with the summons without the state, in  the same  manner  as  service  is  made  within  the  state,  by  any person authorized to make service within the state who is  a  resident  of  the state  or  by  any  person authorized to make service by the laws of the state, territory, possession or country in which service is made  or  by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.

For information on Serving Divorce Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com