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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.

Beware of Scams From Debt Collection Companies

Beware of debt collection companies or companies working with debt collection companies that offer you a credit card if you repay, in part or in full, an old debt that may have expired. Companies may use terms like “Fresh Start Program” or “Balance Transfer Program” to describe offers to transfer your old debt to a new credit card account after you make a certain number of payments. If you accept the credit card offer and start making payments, the debt collection agency’s time limit (statute of limitations) for suing you to collect this debt will restart. The company offering the credit card may not tell you that this is a consequence of getting the credit card.

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

WHO IS ELIGIBILITY FOR CHILD SUPPORT SERVICES

BY: Undisputed Legal Inc./Court Service Department

Any parent or non-parent caregiver acting as guardian of at least one child under the age of 21 is eligible to apply for child support services. Such person is considered the custodial parent in the child support case. If you are applying for, or receiving, Temporary Assistance (officially termed “Family Assistance” or “Safety Net Assistance”) for the child, child support services may be provided to you based on your application for this program. Child support services may also be provided if you are applying for Medicaid for yourself and the child and you complete an application/referral for child support services. Child support services will continue after you stop receiving Temporary Assistance or Medicaid unless you request your child support case be closed. Child support services are also provided for a child placed in foster care and may continue after the foster care placement ends. If the child returns to you after being discharged from foster care, child support services will continue unless you request otherwise. A child under the age of 21 or a non-custodial parent or putative (alleged) father may also apply or be eligible for child support services. 

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

DID YOU KNOW SOME CRIMINAL CONVICTIONS CAN BE REMOVED?

By: Undisputed Legal Inc/Court Service Department

Do you have a criminal conviction in your history you would like to have sealed from public record?  Is it preventing you from certain jobs, one mistake shouldn’t follow you for life!  If you  are ready to remove this criminal conviction from your record, we can assist.   For more information contact Undisputed Legal Inc @ (212) 203-8001 or visit undisputedlegal.com, representatives are ready to assist you.

Debt Collectors/Payday Loans – Did You Know!

Payday loans are illegal in New York. A payday loan is a high-interest loan borrowed against your next paycheck. To apply for a payday loan, you need to have a checking account and proof of income.   In New York State, most payday loans are handled by phone or online. If a collection agency tries to collect on a payday loan, visit nyc.gov/dca or contact 311 to file a complaint with DCA.

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

FLORIDA PROCESS SERVER RULES AND REQUIREMENTS

Under Florida law, only sheriffs and certified process servers can serve civil process. Fla. Stat. § 48.021; Fla. Stat. § 48.27. Requirements for certification vary by county and judicial circuits, but many judicial circuits have become involved in oversight of process servers. For example, the second and fifth judicial circuits have each adopted rules regarding certification and have Certified Civil Process Server Review Boards. (See, e.g., Fifth Circuit appended court order.) The circuits have also imposed education requirements. New applicants for certification must attend a two- to three-hour seminar and take a 45-question, multiple choice exam. The exam is given once a year. Upon renewal of their certification on their second year, process servers must take again the seminar and exam.1 

Applicable Provisions: 

Florida Statute § 48.021 – process; by whom served
Florida Statute § 48.27 – certified process servers
Florida Statute § 48.29 – certification of process servers
Florida Statute § 48.31 – removal of certified process servers; false return of service Florida Rule of Civil Procedure 1.070 – process 

Florida Second Judicial Circuit AO 2008-21 (2008) 

AFTER THE DIVORCE JUDGMENT HAS BEEN SIGNED BY THE COURT

The Judgment of Divorce (Form UD-11) needs to be filed and entered in the County Clerk’s Office. The manner in which this occurs depends upon the procedure of the county in which you brought the action. Consult the Supreme Court Clerk’s Office for information regarding your obligations for the retrieval and/or entry of the signed judgment and supporting papers. Should you receive notice that the papers have been filed on your behalf by the court, or if you file the papers, you may go to the County Clerk’s Office to obtain a certified copy of the judgment. You must bring identification with you, because matrimonial files are confidential and information will be released only to a party or his or her attorney. The certified copy will cost between $4.00 and $10.00, but the fee will be waived if you obtained a poor person waiver. A copy of the judgment of divorce must be served on the Defendant. To do this, you must have served on the Defendant a copy of the signed and entered Judgment of Divorce (Form UD-11), together with the completed Notice of Entry (Form UD-14). Service by mail is sufficient. You should ask the Process Server who serves the Judgment of Divorce with Notice of Entry to sign the Affidavit of Service of Judgment of Divorce (Form UD-15) before a Notary Public. A copy of the Judgment of Divorce and Notice of Entry must be attached to the signed and notarized Affidavit of Service. Keep the Affidavit with your important papers. 

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

STEPS FOR PLACING YOUR DIVORCE CASE ON THE COURT CALENDAR

After you have completed Steps 1-7, you are ready to place your case on the court’s calendar. If the Defendant consents to the action by signing the Affidavit of Defendant (Form UD-7), you may place your case on the court’s calendar immediately. Otherwise, you will have to wait until 40 days after the date of the service of the summons. 

You must complete the following steps to place your case on the calendar: 

STEP 8: You must complete Forms UD-3 through UD-12 (include UD-7 only if signed by the Defendant). Form UD-3 (Affidavit of Service) and Form UD-4 (Sworn Statement of Removal of Barriers to Remarriage) need not be completed, or filed, if the Defendant has signed Form UD-7 (Affidavit of Defendant) and checked Box 6b on the form, Form UD-8(3) Child Support Worksheet, Form UD-8a (Support Collection Unit Information Sheet) and Form UD-8b (Qualified Medical Child Support Order) need not be completed, or filed, if there are no un- emancipated children of the marriage. Form UD-8(2) (Maintenance Guidelines Worksheet) need not be completed or filed or if neither party seeks maintenance as payee under the Maintenance Guidelines Law. Form UD-8(1) (Annual Income Worksheet) is not required if neither party seeks maintenance or child support. 

STEPS TO START THE DIVORCE ACTION IN NEW YORK

By: Undisputed Legal/Family Court Process Service Department

STEP 1. Prepare an original and two copies of the Summons With Notice (Form UD-1) or the Summons and Verified Complaint (Form UD-1a and Form UD-2).

STEP 2.Purchase an index number at the County Clerk’s Office and file the original of the Summons With Notice or the original of the Summons and Verified Complaint with the County Clerk. Unless you are granted a poor person’s waiver, you will be required to pay $210 for the index number. Check with the County Clerk regarding acceptable forms of payment. Many County Clerks also will require that you fill out an Index Number Application Form at the time of filing, so be sure to bring with you the names, addresses and telephone numbers of all of the attorneys or, if unrepresented, of the parties themselves.

FACTORS TO BE CONSIDERED IN DETERMINING CUSTODY OF A CHILD:

By: Undisputed Legal/Family Court Process Service Department

The general test in determining custody in a contest between parents, is the best interest and welfare of the child. Court decisions set forth several factors which are to be considered in determining best interests. These factors are as follows:

(1) The parent who has been the primary caretaker;

(2) The need for stability and continuity in the child’s life;

(3) The relative financial ability of each parent;

(4) The quality of home environment and the parental guidance each

parent provides;

(5) The ability of each parent to provide for the child’s emotional and

intellectual development;

(6) The relative fitness of each parent;

(7) The length of time the present custodial arrangement has been

in effect;

(8) The desires of the child.

DISTRICT OF COLUMBIA PROCESS SERVER LAWS AND REQUIREMENTS

By: Undisputed Legal/Process Service Department

The District of Columbia does not have any educational or registration requirements for private process servers. The Superior Court Rule of Civil Procedure (4)(c)(2) provides as follows: 

Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the Court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the Court for that purpose. Such direction shall be made only (a) when service is to be effected on behalf of the United States or an officer or agency thereof, or (b) when the Court issues an order stating that service by a United States marshal or deputy United States marshal or a person specially appointed for that purpose is required in order that service be properly effected in that particular action.