Posts made in July 2014

How to enforce a money judgement

When a judgment is entered in the Civil Court it is enforceable for a period of twenty years for money only, it is not a lien against real property. Nor is a judgment entered in one county a lien on real property in any other county. If a judgment-creditor wishes to enforce a judgment against real property, he or she must follow the procedure below for “transcripting” the judgment.

A transcript is a paper containing the essential information of the judgment, certified by the clerk in the county where the judgment is entered. Continue reading

WYOMING RULES OF CIVIL PROCEDURE

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 Wyoming Courts web site.

Wyoming Process Serving Requirements

Process may be served within the state, by the sheriff of the county where the service is made, or by the under sheriff or deputy, or, at the request of the party causing same to be issued, by any other person of the age of majority, not a party to the action, appointed for such purpose by the clerk. Continue reading

WEST VIRGINIA RULES OF CIVIL PROCEDURE

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 West Virginia Courts web site.

West Virginia Process Serving Requirements

Service may be effected by any person who is not a party and who is at least 18 years of age. Continue reading

WISCONSIN RULES OF CIVIL PROCEDURE

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 Wisconsin Courts web site.

Wisconsin Process Serving Requirements

An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. Service shall be made with reasonable diligence Continue reading

WASHINGTON RULES OF CIVIL PROCEDURE

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 Washington Judiciary and Courts web site.

Washington Process Server Licensing Requirements

In order to serve process in the state of Washington, an individual is required to register with the auditor

of the county in which the process server resides or operates his or her principal place of business and pay

a $10 fee.  No testing and no requirement for insurance or bonding.

Continue reading

VERMONT RULES OF CIVIL PROCEDURE

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 Vermont Courts web site.

Vermont Process Serving Requirements

Service of all process shall be made by a sheriff or deputy sheriff, by a constable or other person authorized by law, or by some indifferent person specially appointed for that purpose by any superior judge, or a judge of the court to which it is returnable, except that process served under subdivision (f), or a notice and request sent pursuant to subdivision (l), of this rule may be deposited in the mail by plaintiff or plaintiff’s attorney and a subpoena. Special appointments to serve process shall be made freely when substantial savings in travel fees will result. Continue reading

VIRGINIA RULES OF CIVIL PROCEDURE

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.

Title § 8.01 Civil Remedies and Procedure

§ 8.01-285. Definition of certain terms for purposes of this chapter; process, return, statutory agent.
For the purposes of this chapter:

1. The term “process” shall be deemed to include notice;

2. The term “return” shall be deemed to include the term “proof of service”;

3. The term “statutory agent” means the Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law for the purpose of service of process on the nonresident defined in subdivision 2 of § 8.01-307.
(1977, c. 617; 1991, c. 672.) Continue reading

UTAH RULES OF CIVIL PROCEDURE

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 Utah State Legislature. web site.

Utah Process Server Licensing Requirements:

The summons and complaint may be served in this state or any other state or territory of the United States, by the sheriff or constable, or by the deputy of either, by a United States Marshal or by the marshal’s deputy, or by any other person 18 years of age or older at the time of service, and not a party to the action or a party’s attorney. Continue reading

TEXAS RULES OF CIVIL PROCEDURE

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 Texas Courts web site.

Texas Process Serving Requirements

The Texas Supreme Court approved amendments to Rules 103 and 536(a) of the Texas Rules of Civil

Procedure, effective July 1, 2005, governing statewide certification of process servers. The Court also

issued a companion order to establish the framework for certification of those approved to serve process

under the revised rules, to approve of certain existing civil process service courses, and to establish the

framework for the Board to approve additional courses. The Court also approved a companion order that

establishes the membership of the Process Server Review Board, and an order appointing Mr. Carl Weeks

as Chair. Continue reading

TENNESSEE RULE OF CIVIL PROCEDURE

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 Tennessee Courts web site.

Tennessee Process Serving Requirements

A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return.

No service on Sundays unless permitted by court order. Continue reading