Legal

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.

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.”

DID YOU KNOW SOME CRIMINAL CONVICTIONS CAN BE REMOVED?

By: Undisputed Legal Inc/Court Service Department

Do you have a criminal conviction in your history you would like to have sealed from public record?  Is it preventing you from certain jobs, one mistake shouldn’t follow you for life!  If you  are ready to remove this criminal conviction from your record, we can assist.   For more information contact Undisputed Legal Inc @ (212) 203-8001 or visit undisputedlegal.com, representatives are ready to assist you.

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.