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HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

The Governments of the countries hereinafter specified: the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland; In view of the permanent character of the Hague Conference on Private International Law; Desiring to stress that character; Having, to that end, deemed it desirable to provide the Conference with a Statute; Have agreed upon the following provisions:

Article 1

The purpose of the Hague Conference is to work for the progressive unification of the rules of private international law.

Article 2

(1) Members of the Hague Conference on Private International Law are the States which have already participated in one or more Sessions of the Conference and which accept the present Statute.

(2) Any other State, the participation of which is from a juridical point of view of importance for the work of the Conference, may become a Member. The admission of new Member States shall be decided upon by the Governments of the participating States, upon the proposal of one or more of them, by a majority of the votes cast, within a period of six months from the date on which that proposal is submitted to the Governments.

(3) The admission shall become effective upon the acceptance of the present Statute by the State concerned.

Article 3

(1) The Member States of the Conference may, at a meeting concerning general affairs and policy where the majority of Member States is present, by a majority of the votes cast, decide to admit also as a Member any Regional Economic Integration Organization which has submitted an application for membership to the Secretary General. References to Members under this Statute shall include such Member Organizations, except as otherwise expressly provided. The admission shall become effective upon the acceptance of the Statute by the Regional Economic Integration Organization concerned.

(2) To be eligible to apply for membership of the Conference, a Regional Economic Integration Organization must be one constituted solely by sovereign States, and to which its Member States have transferred competence over a range of matters within the purview of the Conference, including the authority to make decisions binding on its Member States in respect of those matters.

(3) Each Regional Economic Integration Organization applying for membership shall, at the time of such application, submit a declaration of competence specifying the matters in respect of which competence has been transferred to it by its Member States.

(4) Each Member Organization and its Member States shall ensure that any change regarding the competence of the Member Organization or in its membership shall be notified to the Secretary General, who shall circulate such information to the other Members of the Conference.

(5) Member States of the Member Organization shall be presumed to retain competence over all matters in respect of which transfers of competence have not been specifically declared or notified.

(6) Any Member of the Conference may request the Member Organization and its Member States to provide information as to whether the Member Organization has competence in respect of any specific question which is before the Conference. The Member Organization and its Member States shall ensure that this information is provided on such request.

(7) The Member Organization shall exercise membership rights on an alternative basis with its Member States that are Members of the Conference, in the areas of their respective competences.

(8) The Member Organization may exercise on matters within its competence, in any meetings of the Conference in which it is entitled to participate, a number of votes equal to the number of its Member States which have transferred competence to the Member Organization in respect of the matter in question, and which are entitled to vote in and have registered for such meetings. Whenever the Member Organization exercises its right to vote, its Member States shall not exercise theirs, and conversely.

(9) “Regional Economic Integration Organization” means an international Organization that is

constituted solely by sovereign States, and to which its Member States have transferred competence over a range of matters, including the authority to make decisions binding on its Member States in respect of those matters.

Article 4

(1) The Council on General Affairs and Policy (hereafter “the Council”), composed of all Members, has charge of the operation of the Conference. Meetings of the Council shall, in principle, be held annually.

(2) The Council ensures such operation through a Permanent Bureau, the activities of which it directs.

(3) The Council shall examine all proposals intended to be placed on the Agenda of the Conference. It shall be free to determine the action to be taken on such proposals.

(4) The Netherlands Standing Government Committee, instituted by Royal Decree of 20 February1897 with a view to promoting the codification of private international law, shall, after consultation with the Members of the Conference, determine the date of the Diplomatic Sessions.

(5) The Standing Government Committee shall address itself to the Government of the Netherlands for the convocation of the Members. The Chair of the Standing Government Committee presides over the Sessions of the Conference.

(6) The Ordinary Sessions of the Conference shall, in principle, be held every four years.

(7) If necessary, the Council may, after consultation with the Standing Government Committee, request the Government of the Netherlands to convene the Conference in Extraordinary Session.

(8) The Council may consult the Standing Government Committee on any other matter relevant tothe Conference.

Article 5

(1) The Permanent Bureau shall have its seat at The Hague. It shall be composed of a Secretary General and four Secretaries who shall be appointed by the Government of the Netherlands upon presentation by the Standing Government Committee.

(2) The Secretary General and the Secretaries must possess appropriate legal knowledge and practical experience. In their appointment account shall also be taken of diversity of geographic representation and of legal expertise.

(3) The number of Secretaries may be increased after consultation with the Council and in accordance with Article 10.

Article 6

Under the direction of the Council, the Permanent Bureau shall be charged with –

a) the preparation and Organization of the Sessions of the Hague Conference and the meetings ofthe Council and of any Special Commissions;

b) the work of the Secretariat of the Sessions and meetings envisaged above;

c) all the tasks which are included in the activity of a secretariat.

Article 7

(1) With a view to facilitating communication between the Members of the Conference and the Permanent Bureau, the Government of each of the Member States shall designate a national organ and each Member Organization a contact organ.

(2) The Permanent Bureau may correspond with all the organs so designated and with the competent international Organizations.

Article 8

(1) The Sessions and, in the interval between Sessions, the Council, may set up Special Commissions to prepare draft Conventions or to study all questions of private international law which come within the purpose of the Conference.

(2) The Sessions, Council and Special Commissions shall, to the furthest extent possible, operate on the basis of consensus.

Article 9

(1) The budgeted costs of the Conference shall be apportioned among the Member States of the Conference.

(2) A Member Organization shall not be required to contribute in addition to its Member States to the annual budget of the Conference, but shall pay a sum to be determined by the Conference, in consultation with the Member Organization, to cover additional administrative expenses arising out of its membership.

(3) In any case, traveling and living expenses of the delegates to the Council and the Special Commissions shall be payable by the Members represented.

Article 10

(1) The budget of the Conference shall be submitted each year to the Council of Diplomatic Representatives of the Member States at The Hague for approval.

(2) These Representatives shall also apportion among the Member States the expenses which are charged in that budget to the latter.

(3) The Diplomatic Representatives shall meet for such purposes under the chairmanship of the Minister of Foreign Affairs of the Kingdom of the Netherlands.

Article 11

(1) The expenses resulting from the Ordinary and Extraordinary Sessions of the Conference shall be borne by the Government of the Netherlands.

(2) In any case, the traveling and living expenses of the delegates shall be payable by the respective Members.

Article 12

The usages of the Conference shall continue to be observed on all points, unless contrary to the present Statute or to the Regulations.

Article 13

(1) Amendments to the Statute must be adopted by consensus of the Member States present at a meeting concerning general affairs and policy.

(2) Such amendments shall enter into force, for all Members, three months after they are approved by two thirds of the Member States in accordance with their respective internal procedures, but not earlier than nine months from the date of their adoption.

(3) The meeting referred to in paragraph 1 may change by consensus the periods of time referred to in paragraph 2.

Article 14

To provide for their execution, the provisions of the present Statute will be complemented by Regulations. The Regulations shall be established by the Permanent Bureau and submitted to a Diplomatic Session, the Council of Diplomatic Representatives or the Council on General Affairs and Policy for approval.

Article 15

(1) The present Statute shall be submitted for acceptance to the Governments of States which participated in one or more Sessions of the Conference. It shall enter into force as soon as it is accepted by the majority of the States represented at the Seventh Session.

(2) The statement of acceptance shall be deposited with the Netherlands Government, which shall make it known to the Governments referred to in the first paragraph of this Article.

(3) The Netherlands Government shall, in the case of the admission of a new Member, inform all Members of the declaration of acceptance of that new Member.

Article 16

(1) Each Member may denounce the present Statute after a period of five years from the date of its entry into force under the terms of Article 15, paragraph 1.

(2) Notice of the denunciation shall be given to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiration of the budgetary year of the Conference, and shall become effective at the expiration of the said year, but only with respect to the Member which has given notice thereof.

*The Statute was adopted during the Seventh Session of the Hague Conference on Private International Law on 31 October 1951 and entered into force on 15 July 1955. Amendments were adopted during the Twentieth Session on 30 June 2005 (Final Act, C), approved by Members on 30 September 2006 and entered into force on 1 January 2007.

As of 30 June 2005, in addition to the founding Member States mentioned in the Preamble, the following States had accepted the Statute: Albania, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, People’s Republic of China, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Greece, Hungary, Iceland, Ireland, Israel, Jordan, Republic of Korea, Latvia, Lithuania, Malaysia, Malta, Mexico, Monaco, Morocco, New Zealand, Panama, Paraguay, Peru, Poland, Romania, Russian Federation, Serbia and Montenegro, Slovak Republic, Slovenia, South Africa, Sri Lanka, Suriname, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, United States of America, Uruguay, Venezuela.

For more information on serving legal papers visit www.undisputedlegal.com or call (800) 774-6922, representatives are ready to assist you.  Open Monday-Friday 8am-8pm.

FEDERAL RULES OF CIVIL PROCEDURE FOR PROCESS SERVICE

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 New York Judiciary and Courts, which can be found at the United States Court website.

PROCESS SERVICE

(1) In General. A summons must be served with a copy of the

complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

(3) By a Marshal or Someone Specially Appointed. At the plain- tiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. Continue reading

New York Town/Village Court Filing Fee’s

[Filing fees are set forth in section 1911 of the Uniform Justice Court Act]

Item Fee
Filing of first paper $20
Demand for Jury Trial $10
Notice of Appeal $5
Small claims [section 1803(a) of the Uniform Justice Court Act] – Claims of $1000 or less $10
Small claims [section 1803(a) of the Uniform Justice Court Act] – Claims of more than $1000 $15

For information on Court Services visit www.undisputedlegal.com, or Call (800) 774-6922 Representatives are ready to assist you.  

New York Civil Court Filing Fee’s

Fees must be paid by cash (exact change only), certified check, money order or bank check made payable to: “Clerk of the Civil Court.” Personal checks are not accepted.

Service Amount Statutory Authority
Filing a small claim
$15/20
NYCCCA 1803(a)
File a counterclaim to a small claim
$ 5.00 plus postage
NYCCCA 1803(c)
File a commercial claim
$25.00
plus postage
NYCCCA 1803-A(a)
File a commercial claim in a consumer credit transaction
$25.00
plus postage
NYCCCA 1803-A(b)
File a counterclaim to a commercial claim
$ 5.00 plus postage
NYCCCA 1803-A(d)
Issue a summons, etc.
$45.00
NYCCCA 1911(a)
Filing a Consumer Credit Transaction
$140.00
NYCCCA 1911(b-1)
Filing first paper, etc.
$45.00
NYCCCA 1911(b)
Filing infant’s compromise
$40.00
NYCCCA 1911(c)
Filing notice of trial
$40.00
NYCCCA 1911(d)
Entry of judgment on confession
$45.00
NYCCCA 1911(e)
Filing of judgment in a Consumer Credit Transaction commenced prior to September 1, 2010
$95.00
NYCCCA 1911(n)
Filing notice of appeal
$30.00
NYCCCA 1911(f)
Issue satisfaction of judgment, etc.
$ 6.00
NYCCCA 1911(g)
Demand for jury trial
$70.00
NYCCCA 1911(h)
Exemplification
$15.00
NYCCCA 1911(i)
Certifying a paper
$ 6.00
NYCCCA 1911(j)
Issue notice of petition
$45.00
NYCCCA 1911(k)
Name change
$65.00
NYCCCA 1911(l)
Transcript of Judgment (Filing)
$25.00
CPLR 8021(b)(7)
Transcript of Judgment (Issuance)
$15.00
CPLR 8021(b)(11)(c)(3)
Production of Court Record
$20.00
CPLR 8020(h)

 

For information on Court Services visit www.undisputedlegal.com, or call (800) 774-7922 Representatives are ready to assist you.

New York Surrogates Court Filing Fee’s

§2401. Fees in the surrogate’s court; general provisions.
1. In the surrogate’s court fees for service, filing and other matters shall be as provided in this article to the exclusion of other statutory provisions unless expressly stated to the contrary.
2. The clerk of each surrogate’s court shall charge and receive for the services and matters herein set forth the fees indicated in this article which shall be payable in advance.
3. All fees shall be the property of the county unless otherwise provided by law.
4. Unless specifically indicated no fee is chargeable for motions made in a pending proceeding or for ex parte applications.
5. The fees in the surrogate’s court of each county of the state shall be the amount specified in the rate column for the service or matter indicated.

§2402. Fees; amount of.
1. Probate. Upon filing a petition to commence a proceeding for probate of a will the fee shall be as shown by the following schedule computed initially upon the gross estate passing by will as stated in the petition; provided however that in a proceeding for ancillary probate of a will the fee shall be computed only upon the property within the state passing under such will and provided that in all cases if the value of the estate so passing as subsequently shown by a tax return filed under article twenty six* of the tax law, by a proceeding under such article, by any proceeding in surrogate’s court involving such estate, or by such papers or documents in connection with such estate as court rules may require to be filed with the court, exceeds the value originally stated and upon which the fee was paid, then an additional probate fee shall be immediately payable. Such additional fee shall be the difference between the fee based on the value subsequently shown and the fee which was initially paid. In the event that the value of the estate so passing as subsequently shown is less than the value originally stated and upon which the fee was paid, then a refund shall be made which shall be the difference between the fee initially paid and the fee based on the actual value subsequently shown.
*So in original. Probably should be ”twenty-six”
The fee paid in a probate or ancillary probate proceeding includes all charges except if probate be contested, fees as required for filing objections, demand for jury trial or for filing note of issue shall be payable. Continue reading

Changes To Landlord Tenant Laws – New York

Effective June 17, 2019, the following changes will take effect, this is a must read for all. Click on the link below.

Changes To Landlord Tenant Laws – New York

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

 

Consumer Warning-This is a Must Read!

 

Comments

M. Higbee

Hi Paul. Thank you for inviting me to comment on your article. There are more inaccuracies and mischaracterizations than I care to address. However, I will quickly point out a few.

My client’s decision to no longer pursue the claim had absolutely nothing to do with the fact that your client decided to retain counsel, but simply the discovery that your client was a non-government entity (NGO), which, along with other economic related factors, put it outside of my client’s enforcement parameters. The inference that we do not like working with attorneys is not true. While we are happy to work with unrepresented parties, our preference is to deal with attorneys who understand the nature of the claims. A majority of the claims we resolve involve represented parties.

Our clients choose which cases we pursue. Generally, our clients choose to have us only pursue unauthorized use of their work by persons or entities that provide or promote goods or services for a fee, generate ad revenue, or solicit contributions. We never intentionally pursue private non-commercial infringements. That being said, often times it is difficult to accurately assess an infringer based on the limited information available, especially when the natural tendency of most websites is to make the entity look bigger and more successful than it is. Whenever we discover a case is outside our firm’s or our client’s enforcement parameters, we close it (even if offers to settle have been received) and take any necessary steps to prevent similar errors in the future.

Anyone who believes that the existence of a screening stage prior to the litigation stage is proof that no screening is done at the pre-litigation stage needs to gain more insight on how law firms and businesses that depend on efficiency operate. Every law firm will take what they learned during the pre-litigation stage and evaluate it before making a recommendation about litigation to their client. The cases we litigate or that we refer to other law firms to litigate are all screened multiple times prior to pre-litigation and litigation efforts.

We never pursue a claim that we do not believe has merit. We also never state that a claim will definitely involve statutory damages, but instead, we caution people as to what may be possible. The initial letter is sent at a time when we know very few facts about the extent of the infringement or how many other images may have been infringed. It is not uncommon for us to find additional infringements even after we begin litigation that may give rise to statutory damages. Also, during the pre-litigation stage, we often do not know the viability or availability of additional claims that could give rise to statutory damages and attorneys fees, for instance, violations of 17 U.S.C. 1202, which involves alteration or removal of copyright management information, and does not require registration for an award of statutory damages. Some of our clients have thousands of registered images that they have not yet matched to their image library. So, Ms. Alvarado’s statement about the image not being registered was accurate for purposes of our reaching a settlement, as we would negotiate a resolution as if the image was not registered; however, there is a chance that we would later need to revise our position on whether or not the image was registered. Our goal is not to be heavy-handed, but rather to convey the seriousness of the matter and caution the business about the potential risks. We also suggest they consider consulting an attorney.

Copyright infringement is a big problem that threatens the livelihood of talented artists and the viability of important publishers of news and commentary. Unlike other areas of property theft or trespass, which are primarily policed by government entities, the protection of intellectual property falls almost exclusively on the copyright holder. Policing anything is difficult. Policing large scale infringement is beyond difficult. However, our tremendous success rate in and out of court is a testament to our ability to do things right. That being said, I know we are not perfect and there is always room for improvement.

So, let me conclude by saying the following: my law firm has been blessed with the opportunity to represent incredible artists and professionals from all over the world, not to mention two of the world’s three largest news agencies. We are proud to represent them and to help them solve a very challenging and serious problem. I welcome any criticism as an opportunity to find ways to improve our ability to better achieve our goal of protecting our client’s work with the integrity and professionalism they expect. To the extent that your article provides an opportunity to do that, I thank you. I wish you the best of luck in the future.

Mike Spaulding

Paul:

Thank you for this article. It explains my experience to a “T.” Received a Higbee demand letter related to an article I received from a friend who does a news podcast. The article gave a run down of that particular night’s show with some brief commentary. I reposted the article. Unbeknownst to me, the article contained a picture that Higbee says infringed upon their client Agence France-Presse. I removed the picture but Higbee’s clerks are still emailing me wanting payment. Now I understand why.

Thank you!

Mike

Matthew Chan

This recent expose about Higbee & Associates and their demand letter scheme written and researched by Mr. Levy was an unexpected surprise. It is an amazing piece of work filled with analysis, research, cross-references, links to letters/emails, and so much more. The time, effort, and work Mr. Levy put into this project are substantial. I have no other word to describe this expose except that it’s “packed”.

I have followed the Higbee Demand Letter Scheme for years through the hosting of a dedicated Higbee Associates Letter & Lawsuits forum on the ExtortionLetterInfo website. I have seen no singular article that has as much analysis packed into this article as this one. Nothing else written thus far comes close to touching Mr. Levy’s work. I say this being very familiar with the Higbee operation and their demand letter scheme. Nevertheless, I still need more time to go through every link Mr. Levy provided and put it all into context in my mind.

Unless Mr. Levy decides to do a follow-up, his article will be the definitive “go to” article for anyone receiving a Higbee Demand Letter. It is a MUST READ! Through Mr. Levy’s and Public Citizen’s ongoing advocacy for consumers, Mr. Levy has called out the Higbee operation in a very big, unique, and public way.

EXAMPLE OF NEW YORK SUBPOENA

COMPOSITE EXAMPLE OF NEW YORK SUBPOENA

PURSUANT TO THE UNIFORM INTERSTATE DEPOSITIONS

DISCOVERY ACT 

Stat of New York Civil Practice Law and Rules § 3119

PLEASE NOTE:

COUNTY CLERKS IN NEW YORK DO NOT PROVIDE SUBPOENA FORMS.

THIS EXAMPLE IS NOT AN OFFICIAL FORM, AND IS PRESENTED FOR 

ILLUSTRATIVE PURPOSES ONLY.

****************************************

SUPREME COURT OF STATE OF NEW YORK 

COUNTY OF _______________________________                                                                 COUNTY CLERK LOG NO.

_______________________________________________________________x                              SUBPOENA 

                                                                                                                                                                                                                                                                                          

                                                                            Plaintiff/Petitioner,                              

              v.                                                                                                                                                                                   

                                                                                                                                             Originating State:

                                                                          Defendant/Respondent.                        Originating County:

_______________________________________________________________x                              Originating Court:

                                                                                                                                             Originating Case No.

SUBPOENA/SUBPOENA DUCES TECUM

Pursuant to the Uniform Interstate Depositions and Discovery Act

(Personal Attendance Required/Not Required)

TO: [NAME] [ADDRESS]

 

WE COMMAND YOU to appear at the time, date and place set forth below to testify at a deposition to be taken in this civil action and

each of you appear and attend before __________________________________________________

at _________________________________________________, on the _________ day of ______________, 20___, at________ o’clock, in the ___________________ noon, and at any recessed or adjourned date to give testimony in this action on the part of______________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________; 

and/or that you bring with you, and produce at the time and place aforesaid, the following documents, electronically stored information, or objects, and permit their inspection, copying, testing or sampling of the material:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;

and/or that you permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date and location set forth below, so that we may inspect, measure, survey,, photograph, test, or sample the property or any designated object or operation on it

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

FAILURE TO COMPLY with this SUBPOENA is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed one hundred fifty dollars and all damages sustained by reason of your failure to comply.

 

Additional Information:

[if any is contained in the Out-of-State subpoena]

 

Contact Information of Counsel for 

all parties (or contact information for parties pro se)

in the action:

 

Name

Address

Telephone Number Parties) Represented: 

(Repeat as required.)

Dated:_______________   ,______________(state)

            ________________________________

Court Clerk:__________________________________

                                                                                                                                                                                                                                                           

Civil Practice Law and Rules § 314

Service without the state not giving personal jurisdiction in certain actions.

Service without the state not giving personal jurisdiction in certain actions. Service may be made without the state by any person authorized  by  section 313 in the same manner as service is made within the state:

    1. in a matrimonial action; or

    2. where a judgment is demanded  that  the  person  to  be  served  be excluded  from  a vested or contingent interest in or lien upon specific real or personal property within the state; or that such an interest or lien  in  favor of either party be enforced, regulated, defined or limited; or otherwise affecting the title to such property, including an action of interpleader or defensive interpleader; or

    3. where a levy upon property of the person to be served has been made within the state pursuant to an order of attachment or a chattel of such person has been seized in an action to recover a chattel.

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

Civil Practice Law and Rules § 313

Service without the state giving personal jurisdiction

Service  without  the state giving personal jurisdiction.   A person domiciled in the state or subject  to  the  jurisdiction  of  the courts  of  the  state  under  section  301  or  302, or his executor or administrator, may be served with the summons without the state, in  the same  manner  as  service  is  made  within  the  state,  by  any person authorized to make service within the state who is  a  resident  of  the state  or  by  any  person authorized to make service by the laws of the state, territory, possession or country in which service is made  or  by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.

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