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NEW YORK STATE SUBPOENA WITNESS FEES

By: Undisputed Legal/Subpoena Service Department

NY CPLR § 8001 Persons subpoenaed; examination before trial; transcripts of records.  (a)  Persons  subpoenaed.  Any  person  whose  attendance   is compelled by a subpoena, whether or not actual testimony is taken, shall receive  for  each  day’s attendance fifteen dollars for attendance fees and twenty-three cents as travel expenses for each mile to the place  of attendance  from the place where he or she was served, and return. There shall be no mileage fee for travel wholly within a city.    

(b)Persons subpoenaed upon an examination before trial. If a  witness who  is  not  a party, or agent or employee of a party, is subpoenaed to give testimony,  or  produce  books,  papers  and  other  things  at  an examination  before  trial, he shall receive an additional three dollars for each day’s attendance.    

(c)Transcripts of records. Wherever the preparation of  a  transcript of  records  is  required in order to comply with a subpoena, the person subpoenaed shall receive an additional fee of ten cents per  folio upon demand.

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

UNDERSTANDING DOMESTIC VIOLENCE

By: Undisputed Legal Inc./Family Court Process Service Department

Why Do Victims Feel Trapped? Why Don’t They Just Leave? 

Many people who are abused by their intimate partners don’t want the relationship to end. They just want the violence and abuse to stop. 

Even under the best of circumstances, it is not easy to end a relationship with an intimate partner. Love, family, shared memories, and commitment are bonds that are hard to break. Cultural or religious beliefs may be barriers to ending a marriage. Immigration status may be another obstacle. While ending a relationship is hard for anyone, women who are abused face the added risks of physical, emotional and psychological harm. There are risks that come with every decision a victim of abuse makes. 

ASSIGNMENT AND COOPERATION WITH CHILD SUPPORT

By:Undisputed Legal Inc./Family Court Process Service Department

If you are an applicant/recipient of Temporary Assistance for the child, or Medicaid for yourself and the child, or your child is in Title IV-E Foster Care, you are required to assign to the social services district rights you have to support on your own behalf and any rights to support on behalf of any family member for whom you are applying for, or receiving assistance. For Medicaid applicants/recipients, this assignment is limited to medical support only. When applying for, or receiving Temporary Assistance, your assignment of support rights is limited to support that accrues during the period that you or the family member receives assistance. You are required to assign these support rights and, unless you claim good cause or domestic violence for not doing so, cooperate with the Child Support Enforcement Unit to: 

WHAT IS A TRUST?

By: Undisputed Legal Inc./Court Service Department

A trust is a legal instrument used to hold and manage real property and tangible or intangible personal property, for example, antiques (tangible personal property) or the right to royalty payments (intangible personal property). Putting property in trust transfers it from your personal ownership to the ownership of a legal entity called a “trust” which holds the property for your benefit or the benefit of anyone else you might name. Upon transfer, the law looks at these assets as if they were owned by the trust. Many trusts are set up in wills, and take effect upon death. Others can be established while you are still alive. 

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

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