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Serving Divorce Papers In New York

divorce

By: Akanksha A. Panicker

Service of process for a divorce case differs from traditional service. In a divorce petition [or divorce summons], the exact details of what is being sought and the marriage information are crucial. 

The first step before service is filing the paperwork at the county court to ensure the court has jurisdiction over the case and can thus allow the notification of the initiation of divorce proceedings to the other spouse. Filing the form with the county clerk usually involves a certain fee to be paid to obtain the index number. It is often required to fill out the Index Number Application Form. Consequently, the parties’ particulars will have to be provided (either by representative attorneys or the parties themselves.)

The process for filing divorce needs to be communicated as soon as possible insofar as the other spouse needs to address questions asked and actually have knowledge of what they are being asked. Consequently, service must be done in a reasonable amount of time. The stakes are higher in a divorce case, as the court must be sure that the receiving spouse has been made aware of the divorce case. Mostly, attorneys take care of the same. If not, however, there are ways of ensuring that divorce papers are served.

SERVING LEGAL PAPERS: UNDERSTANDING PERSONAL SERVICE IN NEW YORK

New York State Rules and Laws

By: Akanksha A. Panicker

Without proper service, a suit is impossible. The court needs to acquire personal jurisdiction over a defendant, which cannot be done without proper process service. The CPLR 308 sets forth several methods by which service of process may be effectuated on an individual.

[1.0] OVERVIEW AS TO THE CPLR

The CPLR provides information as to personal service upon a natural person. This could consist of personal delivery, delivery by mail, or through an agent. 

Personal delivery refers to the highest form of service, wherein service is provided within the state to the actual person to be served. Personal service is a part of the actual service, wherein the complaint or the summons is delivered in hand to the respondent. Personal service forms a triad of basic delivery with substituted service and constructive service. 

COMPLETE BREAKDOWN OF THE HAGUE SERVICE CONVENTION ARTICLES

International Law

By: Akanksha A. Panicker

Service of process abroad means that there is absolutely no way to escape the Hague Convention,  even if one wished to. This is doubtful, however, as the Hague Convention essentially compiled conflicting internal laws of over 73 countries into framework legislation intended to standardize service of process regardless of where one lives.

The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (commonly referred to as the “Hague Convention”) is an international treaty formulated in 1964  and ratified in 1967. The purpose of the Convention was to establish a streamlined service of process mechanisms and facilitate service regardless of where an individual is situated. Properly construing its provisions means understanding the United States Constitution.

The primary innovations of the Convention are [A.] the Establishment of a Central Authority or  Authorities in each country as the receiving agent for service requests from other contracting countries, [B.] mandating the use of three model forms for the transmission of requests abroad,  and the return of executed requests and [C.] a broad elimination of the involvement of domestic and foreign courts.

A BROAD UNDERSTANDING OF CONSUMER LAWS UNDER THE CONSUMER CREDIT PROTECTION ACT.

Consumer Protection Sign

By: Akanksha A. Panicker

Consumer protection laws are set up just to prevent the consumer from having their rights infringed upon. In an age where information about any individual is open to the internet sphere, the ability of creditors to gather financial data about a consumer is a worrying idea to contemplate. 

Credit protection- as one of the many forms of consumer protection- is thus extremely important. The credit protection efforts mostly work to shield consumers from any practice that might harm a consumer’s ability to obtain future credit, typically by preventing practices that might unfairly result in an adverse impact on the consumer’s credit score. Federal laws restrict the information that can be used to determine a consumer’s creditworthiness, and it can be traced back to the Consumer Credit Protection Act of 1968. 

TO YOUR CREDIT: ACTUAL WAYS TO DEAL WITH A NEGATIVE CREDIT REPORT

Credit Report/Credit Score

By: Akanksha A. Panicker

An individual’s credit score determines a lot in their lives. The lower the score, the fewer are the options available to an individual, and the less willing are lenders to work with them. Consequently, a person’s credit report is a determining factor in their mobility. 

A credit report is a detailed breakdown of an individual’s credit history, as prepared by a credit bureau. The bureaus function by collecting financial information about people, and the lenders use these reports to determine the creditworthiness of loan seekers.  Equifax, TransUnion, and Experian are the three national credit reporting bureaus and collect consumers’ financial details, although there might be key differences. 

It must be kept in mind that credit repair, which is removing or correcting inaccurate information from one’s credit report for a more favorable depiction of one’s finances or credit score, can be done by oneself or hiring a company that specializes in credit repair. Neither path is without its issues, but it is important to understand every situation to prevent scams and further damage caused to one’s credit. 

UNFAIR CREDIT CARD PRACTICES: KNOW YOUR RIGHTS

By: Akanksha A. Panicker

Between the horror stories of credit card debt and the tanking of credit card scores, the idea of using a card itself is daunting. It’s well established that a credit card is a valuable tool for spending, but irresponsible usage can lead to repercussions that span what feels like eons. 

Before swearing to forsake credit cards altogether, one needs to understand practices that credit card companies use. It’s no secret that the catalytic mortgage and foreclosure crisis led to the rise of financial products designed to capture lower-income users was targeted at minority borrowers. As a result, predatory lending practices have led to a number of lawsuits against loan companies and banks. Even today, consumer protection acts are designed in order to minimize the damage that can be afflicted by predatory credit card companies. 

How To Modify Your Child Support Order In New York

By: Akanksha A. Panicker

New York takes child support seriously. There are strong mechanisms in place to enforce child support. In fact, if the custodial parent does not know where the noncustodial parent or putative (alleged) father lives,  the last known address and place of employment of the parent will be contacted in an attempt to locate the parent. Additional Federal or state resources may also be used in this endeavor. New York also has expedited contempt proceedings for noncustodial parents in violation of child support. 

In order to understand how modifying child support orders in New York works, it must be understood that the standard support obligation in New York is always based on a statutory calculation. However, the discretion of the court is ultimately what decided an appropriate child support amount, and can modify the amount based on the cost of living or unforeseen circumstances. 

UNDERSTANDING THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT AND DOMESTICATING OUT OF STATE SUBPOENAS

By: Akanksha A. Panicker

Preparing and serving outstate subpoenas can seem like a mystery. The Uniform Interstate Depositions and Discovery Act (UIDDA), was enacted purely to unravel this web, however, providing a simplified procedure for parties in an action in one state to obtain records or depose parties located in another. 

In 2007, the Uniform Law Commission promulgated the Uniform Interstate Depositions and Discovery Act (UIDDA) to streamline the arduous, time-consuming process of conducting out-of-state discovery for state court cases. The UIDDA provides a standardized means for litigants to take depositions and obtain discovery from individuals and entities located out of state. To do so, a litigant must primarily obtain a subpoena from the originating state court, which must then be presented to the clerk in the county where discovery is sought. Upon doing so, a local subpoena for service is issued by the clerk. The terms of the issued subpoena must incorporate the same terms as the original subpoena and contain the contact information for all counsel of record and any party not represented by counsel.

PROCESS SERVERS WANTED

  NOW HIRING – ONLY FIVE POSITIONS AVAILABLE

Undisputed Legal Inc. is one of the nation’s largest process service agency, providing service of process and related services for many of the country’s most notable law firms, financial institutions, and insurance companies. We seek licensed process servers to serve legal documents in Manhattan, Staten Island, Brooklyn, Queens, and the Bronx (must cover the entire borough). Candidates must have great communication skills and understand what it takes to be effective in properly serving defendants, speaking with neighbors, and obtaining vehicle descriptions are required. This is an Independent Process Server position, and your services will be required on an as-needed basis.

CONTRACT VALUE $50,000.00 

All applicants must meet the following requirements for consideration:
Must be 18 years or older
Must have a valid Process Server License
Must be able to write reports and perform administrative work at home, notarized affidavits of service/nonservice.
Reliable transportation and a valid driver’s license.
Functional computer with printer, scanner capability, Internet service, digital camera, GPS navigation, and smartphone (I Phone or Android).
Experience in process service, law enforcement, security, or private investigation is a plus.

To be considered for this position, visit https://undisputedlegal.com/careers/. *in your application, make sure to include the following information, the area you are applying for, and your years of experience.  

 

HOW TO PREPARE AND SERVE A INTERNATIONAL SUBPOENA

By: Akanksha A. Panicker

Depositions, testimony, discovery, and production of records and documents are always a core component of due process and the key to a fair and speedy trial. Mostly, all parties, witnesses, and potential evidence can be sourced in a local manner, is available within the same state. However, when a witness needs to be obtained from another country, a foreign subpoena is issued to compel the testimony or to produce the documents.

The Hague Service Convention makes it simpler to serve documents across countries, but subpoenas do not fall within this bracket. Service of subpoenas cannot technically be served in another country, and goes instead through the Hague Evidence Convention, wherein the process is decidedly more precise, and a little more complex.

Why the difference, then? This can be explained by the fact that subpoenas are mandatory compliance within their own jurisdiction, but once they move past that, they turn into a request. The scope of the subpoena then changes from a demand to a request once they’re outside their jurisdiction. Consequently, how subpoenas act under the Hague Evidence Convention actually corresponds to the process that surrounds the service of letters rogatory. In fact, if a country is not a part of the Hague Evidence Convention, then the subpoena is sent through Letter Rogatory like a summons or a complaint.