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Freelance Content Writers Wanted

Content Writers Wanted

Undisputed Legal Inc. is one of the nation’s largest legal support agencies, providing service of process and related services to many of the country’s most notable law firms, financial institutions and insurance companies. We are seeking a freelance content writer that is interested in combining their legal knowledge with the passion of writing.   

In this position, you will have the ability to exercise your skills in research and writing while working from home and creating your own schedule.

Skills required for the position

– Detail-oriented and accurate

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– Positive attitude about feedback Continue reading

SERVING A REGISTERED AGENT – NEW YORK STATE

 

DID YOU KNOW…

In addition to the designation of the secretary of state, each domestic limited liability company or authorized foreign limited liability company may designate a registered agent upon whom process against the limited liability company may be served. (b) The agent must be either: (1) a natural person who is a resident of this state or has a business address in this state; (2) a domestic limited liability company or an authorized foreign limited liability company; or (3) a domestic corporation or a foreign corporation authorized to do business in this state. (d) The registered agent of a limited liability company may resign as such agent. The registered agent shall file a certificate with the department of state entitled “Certificate of resignation of registered agent of… (name of limited liability company) under subdivision (d) of section three hundred two of the Limited Liability Company Law” and executed by such registered agent. Such certificate shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed. With respect to a foreign limited liability company, there shall be set forth its name and, if applicable, the fictitious name the foreign limited liability company has agreed to use in this state pursuant to section eight hundred two of this chapter; (2) the date the articles of organization or application for authority was filed by the department of state; (3) that he or she resigns as registered agent of the limited liability company; and (4) that he or she has sent a copy of the certificate of resignation by registered mail to the limited liability company at the post office address on file with the department of state specified for the mailing of process or, if such address is the address of the registered agent, to the office of the limited liability company in the jurisdiction of its formation. (e) The designation of a registered agent shall terminate thirty days after the filing with the department of state of the certificate of resignation. A certificate designating a new registered agent may be delivered to the department of state by the limited liability company within the thirty days or thereafter.

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

FREQUENTLY ASKED QUESTIONS ABOUT PROCESS SERVERS?

Be Informed

What is Process Service?

Process service, also known as “service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called “process“) to the person to be served, process service is performed by a process server.

What is a Process Server?

A process server is a private citizen (i.e., retired judge, law enforcement, attorney, legal professional etc.) who meet the requirements within the state/county/country in which they operate.  Their job is to deliver legal documents  to federal, state, city agencies, corporations, private businesses and the general public, to inform them they are involved in a court action.  These  documents range from family court documents, (i.e., divorce, child support, custody, orders of protection etc.) supreme court documents (i.e., writs, subpoenas, summons and complaints etc.) and civil court documents (i.e., evictions, small claims issues etc.)

CRIME VICTIMS RIGHTS IN NEW YORK

Was your money or property stolen? Were you hurt or stalked? Maybe your identity was taken? If so, you are a crime victim. If an arrest was made and the police told you that the case is going to court, you may have questions about the criminal case. A criminal case is not the same as a civil case. In a civil case, you start a court case for money or damages against the person who injured you. But, in a criminal case, you can’t bring criminal charges against the person that injured you. You go to the police and the police bring the criminal charges. Criminal cases are handled by a lawyer from the District Attorney’s Office on behalf of the People of the State of New York. The lawyer is called a prosecutor. As a crime victim you are not a party and you do not need to hire an attorney. What you have to say about what happened is part of the prosecutor’s case against the defendant. But, you do have certain rights in the case. If you are a crime victim, an immediate family member of a person who was killed, or an immediate family member or guardian of a child crime victim, this section is for you.

HOW NEW YORK STATE HANDLES SEXUAL ABUSES OF CHILDREN

A person who sexually abuses a child under 18, can be punished in different ways in the courts. In a criminal case, the People of the State of New York charge the abuser with crimes to punish and possibly imprison them. In a civil case, the victim sues the abuser for money to make up for any harm caused by the sexual abuse.

There are laws that say how long after an event, a court case can be started based on those events. These laws are called Statutes of Limitations. Under the Child Victims Act, child sex abuse victims now have more time to seek justice against their abusers. CPLR 214-G, CPL 30.10(3)f.

Time Period for Starting Cases-There are different time periods for starting cases against the child sex abuser or the institution that covered up or was involved in the abuse. The time period depends on the type of case.

PROPER COURT TO ISSUE WARRANT – NEW YORK

The application must contain the name of the court (CPL 690.35 [3] [a]). Search warrants are issuable by local criminal courts (CPL 690.35 [2] [a]). A superior court (a supreme court or a county court) may issue a search warrant, but when those courts do so they sit as “local criminal courts” (CPL 690.20 [1]; CPL 10.10 [1], [2]). Under CPL 690.20 (1), a search warrant of the Supreme Court, County Court, District Court, or the New York City Criminal Court may be executed anywhere in the State.

The language authorizing “a local criminal court” to issue a search warrant comports with CPL 10.10 (3) (f) and (g), which contemplates supreme court justices or county court judges sitting as local criminal courts. The New York City criminal court is a local criminal court (CPL 10.10 [3] [b]), as is any district court (CPL 10.10 [3] [a]). Thus, in People v Carson (216 AD2d 965 [4th Dept 1995]), the appellate division upheld a search warrant issued by the county court sitting as a local criminal court even though the warrant did not say so. In People v Johnson (165 Misc 2d 227 [Rochester City Ct 1995]), the court invalidated a search warrant (issued by a county judge) because it did not indicate that the court was sitting as a local criminal court. This decision was rejected, correctly, in People v Rhoades (166 Misc 2d 979 [Sup Ct, Monroe County 1995]).

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a good idea to get a lawyer if you can. The law, the proofs necessary to present your case, and the procedural rules governing cases in the Law Division, Civil Part are complex. Since valuable claims or potentially heavy judgments may be at stake, most litigants appearing in the Law Division, Civil Part have a lawyer. If you are being sued, please contact your insurance company to see if they might provide a lawyer for you. Most likely your opponent will be represented by a lawyer. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found online or in your local yellow pages under “Legal Aid” or “Legal Services.”

HOW TO FILE A SMALL CLAIMS LAWSUIT IN NEW JERSEY

Small Claims Court

Small claims are lawsuits for $3,000 or less. Renters can file for a return of a security deposit of $5,000 or less in small claims court.

Examples of small claims:

  • A person or company failed to comply with a written or oral contract.
  • Your car was damaged in an accident.
  • You paid money as a down payment and want it returned .
  • Your property was damaged or lost.
  • You bought a product that doesn’t work.
  • Work you paid for was faulty or not completed.
  • You want to be paid for work you did.
  • Someone wrote you a bad check.
  • You gave a landlord a security deposit that was not returned. NOTE: The limit for security deposit returns is $5,000 in small claims court.

How to remove your criminal and/or juvenile record in NJ

What is an Expungement?

An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person’s apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred. See the section on Comparison of Adult and Juvenile Terms for a glossary of terms that are specific to juvenile court.

The New Jersey expungement law states in detail who is eligible for an expungement. 

Sixth Amendment Right to Counsel

By: Undisputed Legal/Court Service Department

A. When Right Attaches 

1. The Sixth Amendment provides that “in all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.” 

a. State constitution, Const. art. I, § 22, is co-extensive with the Sixth Amendment. See generally State v. Medlock, 86 Wn. App. 89, 97-935 P.2d 693, review denied, 133 Wn.2d 1012 (1997). 

2. The Sixth Amendment right to counsel does not attach until a prosecution is commenced, that is, at or after the initiation of adversary judicial criminal proceedings, whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. McNeil v. Wisconsin, 501 U.S. 171, 175, 115 L. Ed. 2d 158, 111 S. Ct. 2204 (1991). 

a. A defendant’s custodial status is irrelevant to the determination of whether the Sixth Amendment right to counsel has attached.