Posts made in December 2017

Eviction Tips For Landlords For Non-Payment Cases

The Demand for Rent

Before the case can be started, the landlord or someone working for the landlord, must demand the overdue rent from the tenant and warn the tenant that if the rent is not paid, the tenant can be evicted. The landlord may tell the tenant this in person or in writing. If the tenant is told in person, the “demand” must be specific and include the months and amount due. For example, the landlord might say, “You owe the rent for June, July and August at $900.00 per month, for a total of $2700.00. Are you going to pay?”

However, If the lease requires that this kind of demand be given in writing, then it must be in writing. If it is in writing, the rent demand must be delivered to the tenant at least three days before the day the court papers are served, unless the lease requires more days.

If you are a landlord with a one or two family house, or a building with fewer than five apartments, or own a coop or condo, the New York State Courts Access to Justice Program has a free DIY (Do-It-Yourself) computer program to help you make a written Rent Demand. Or you can buy a Rent Demand form at a legal stationary store, like Blumberg.

How Do I Serve A Order of Protection?

The summons with notice, petition for an order of protection and temporary order of protection must be personally served (handed to) the respondent. Generally, this means hiring a professional process server agency. The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right.  There are a couple of things that you should keep in mind as you look for the Process Server Agency that is right for you.  First, your Process Server Agency should be familiar with divorce & family court documents. Taking advantage of a Free quote can be a great way to get a feel for what the process server agency can offer you, and whether or not they treat you as a person or case number.  This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case.  This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help.  If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty.  You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly. Your case is individual, and your Process Server Agency should treat it as such.  By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires. Any person over eighteen years old, except you, may serve these papers. 

For more information on serving family court documents visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. When you want it done right the first time contact undisputedlegal.com

Domestic Violence Affects Us All

Domestic violence is a pattern of abusive behavior by an intimate partner where the abuser exerts power and control over the victim. Domestic violence does not have to be physical violence. It also includes mental, economic or sexual violence. Anyone can be a victim of domestic violence regardless of race, gender, sexual orientation, faith or socio-economic background. Domestic violence also knows no age limits. Although the signs of abuse in older people can be similar to those seen in younger people, some signs may be unique to challenges that elders face. 

Domestic Violence in this country is pervasive. In fact, 1 in 4 women will experience domestic violence in her lifetime. 15.5 million children in the United States live in families where domestic violence was perpetrated in the past year. 1,600 women were murdered by an abusive partner last year.

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.

The judgment-creditor must apply to the clerk of the court in which the judgment was entered for a transcript and then file the transcript with the county clerk of the county in which the court is located (the home county). To find out the fee for filing a transcript of judgment, click on court fees. The judgment then becomes a realty lien in that county.

In order to make the judgment a lien in other counties, a judgment-creditor must ask the county clerk in the home county to issue a transcript of judgment and then file the transcript with the county clerk of any other county within the state where the judgment-debtor owns property. A judgment-creditor may have as many transcripts issued by the home county clerk as he or she requests for filing in multiple counties. There is a separate fee for each transcript issued. To find out the fee for issuing a transcript of judgment, click on court fees.

For more information visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact  Undisputedlegal.com

What is a paralegal and what do they do?

The most common areas in which people use paralegal services are landlord/tenant, collection, foreclosure, investigation, resolution services, and more..

Paralegals are legal agents who can perform many legal services for you and appear as your advocate in certain courts, the Immigration/Refugee Board,before the Provincial Offenses Courts and Small Claims Courts on your behalf.

Going to court is a very expensive proposition at the best of times. Paralegals can help you reduce litigation costs and problems while saving you money.

Paralegal have experience in the proper presentation of evidence in court and advocacy, negotiation, mediation and arbitration skills.  They are skilled in legal research and legal writing which together with their actual court and tribunal appearances equip them to assist you with your matter.  They are very conversant with the ever changing rules, procedures and court forms in their areas of practice.

Issuing An Out-Of-State Subpoena New York

Newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the clerk of the court where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York subpoena.

Effective January 1, 2011, pursuant to New York State C.P.LR. § 3119, the County Clerk will be required to, in a purely ministerial manner, issue a local subpoena seeking discoverable materials and/or individuals to be deposed, upon the receipt of a duly issued out-of-state subpoena.  The terms of the local subpoena will mimic the out-of-state subpoena and also include all of the contact info of the out of state attorneys or the pro se litigant’s info.  This amendment to the C.P.L.R. brings New York in line with other states which have already adopted the Uniform Interstate Depositions and Discovery Act, Which was enacted to create, “an efficient and inexpensive procedure to litigants to depose out-of-state individuals and for the production of discoverable materials that may be located outside of the trial state. In accordance with the above, upon receipt of an out-of-state subpoena the County Clerk will compare same with an in-state subpoena (to be drafted and presented by the one submitting the out-of-state subpoena, along with a copy of the in-state subpoena to be filed in the County Clerk’s Office).  If the information requested in the out-of-state subpoena is identical to the in-state subpoena the Court Clerk will the then time stamp the in-state subpoena, as filed and return same for a fee of fifteen dollars ($15.00).

For more information on Subpoena Service visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact  Undisputedlegal.com

The Eviction Process

Evictions must follow a strict legal process. If a tenant isn’t paying rent or has repeatedly broken rules laid out in the code of conduct, the landlord has the right to begin the official eviction process. He can’t take the law into his own hands, though. It’s illegal in nearly all 50 United States for the landlord to lock out a tenant. The definition of a lockout includes changing locks, blocking entry into the rental unit, cutting off electricity or water, or any other method that prevents the tenant from normal use of the property.  The good news for landlords in the United States is that the eviction process is one of the shortest legal proceedings on the books. In New York, for example, it’s possible to legally evict a tenant in as few as 30 – 60 days. 

Locating a Person with our Skip Trace Service

Whether it’s for civil or criminal actions, our professionals can help you track down anyone quickly and reliably. Our skip trace service employs real investigators, including former law enforcement agents, which trace your desired person or persons with a 90% success rate. Using high-tech programs we’ve purchased and a direct connection with the New York State Division of Motor Vehicles, we can find anyone, anywhere.

A basic skip trace provides a person’s name and aliases as well as current and previous addresses. A national comprehensive report provides an extensive background, including summary report, phones plus, bankruptcy, fictitious business name, people at work, criminal records, associates, relatives, neighbors, and much, much more.

For a comprehensive business report, you can learn the name, address and phone variations of a business, as well as their parent company, ID numbers, and industry information.  Pre-litigation reports are also available that provide address summary, property deeds and assessments, vehicle registrations, and more.

All skip trace service assignments are handled proficiently and quickly with a proven record of success. When you want your skip trace done right, let Undisputed Legal cover your legal needs. Call us today at 800-774-6922 to get more information about skip trace service.