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California- There is a new Unlawful Detainer Summons that went into effect on September 1, 2019

California- There is a new Unlawful Detainer Summons that went into effect on September 1, 2019

  • Posted: Sep 06, 2019
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There is a new Unlawful Detainer Summons that went into effect on September 1, 2019.

 

The summons reflects the change in the law advising the defendant that they have 5 DAYS, not counting Saturdays and Sundays and other judicial holidays after the, summons and legal papers are served…” to file a response to the lawsuit.

You can find the new form here:

https://www.courts.ca.gov/documents/sum130.pdf

Process server’s who have an active unlawful detainer clients, Please inform your Clients of the New Summons.
 The form wasn’t posted by the Judicial Council until today.
San Francisco Superior Court will not issue the old summons for unlawful detainer cases, which will probably start occurring around the state.
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Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

  • Posted: Jun 22, 2019
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With a flurry of signatures Friday, Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system.

Here’s what you need to know:

From July 1, Florida Supreme Court justices with permanent homes outside Leon County will be able to request a district court of appeal courthouse, county courthouse or other facility as their official headquarters, under House Bill 5011. They’ll also be eligible for an allowance and travel reimbursement for each day or half day they’re at the Supreme Court building, at a rate decided by the chief justice.

 

The bill adds that a county doesn’t have to provide space in courthouses for a justice, but it can enter into an agreement with the Supreme Court over the use of its space — which can’t be leased using state funds.

After Oct. 1, 2019, SB 910 will open certain military veterans and court programs up to veterans who’ve been discharged for any reason, along with current and former U.S. Department of Defense contractors and military members of a foreign allied country.




 

Anyone who seeks medical attention for a minor after giving them alcohol or drugs will not be arrested, charged, prosecuted or penalized as long as they stay at the scene and cooperate with police and medical staff, according to CS/HB/595, which goes into effect Jul. 1.

Legal requirements for Florida businesses will shift in January 2020, under CS/HB 1009, which tacks on extra rules to ensure companies adhere to the Florida Business Corporation Act and Revised Limited Liability Company Act.

Thanks to CS/HB 49, state correctional facilities will give female prisoners health care products after July 1. These include feminine hygiene products, moisturizers, toothpaste, toothbrushes and others under the Dignity for Women Act. The new law also mandates that, unless there’s an emergency, male correctional staff can’t do pat-down or body cavity searches on female prisoners and can’t enter places where women are likely to be undressed, like bathrooms and showers. If they do, it will need to be documented.

 

Security background investigations will become mandatory for foreign-language court interpreters and mediators after July 1, according to CS/HB 7081, which means they’ll have to pay to have their fingerprints taken and sent to the Florida Department of Law Enforcement.

The law also authorizes digital fingerprints and other electronic records of criminal judgments, and creates an exception to the rule that all communications between parties going through parenting coordination — a non-adversarial dispute resolution process in child custody cases — remain confidential. Any testimony or evidence that can be used to report, prove or disprove professional malpractice or misconduct will no longer stay confidential, and anyone appointed or employed by the Supreme Court to work on disciplinary proceedings against parenting coordinators won’t be liable for civil damages unless they act maliciously or in bad faith. Instead, the court will establish minimum standards and procedures to train parenting coordinators.

 

 

Notarized documents will go online with the passage of CS/HB 409, which also outlines new rules for password protection and tamper-evident technologies that the Department of State must adhere to by Jan. 1, 2020.

Effective immediately, CS/HB 1656 dictates that reenactments or changes to criminal statutes will operate ”prospectively” — meaning they won’t apply to final judgments based on crimes and penalties from before the statute was enacted, except in particular circumstances.

Effective immediately, CS/HB 91 lessens the burden of serving defendants with a complaint, taking away the need for a process server agent to indicate all the initial pleadings a person is being served with. It also removes the need for them to complete an affidavit listing the time, manner and place of service.

 

The law also clarifies procedure for filing a motion to intervene in a foreclosure case. Whereas interventions had to be done within 30 days, legislators tightened the language to stress that only a motion to intervene needs to be filed in that time, not a court order as well.

 

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One would think it would be pretty easy to locate people with the plethora of information available on the Internet

One would think it would be pretty easy to locate people with the plethora of information available on the Internet

  • Posted: Jun 22, 2019
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One would think it would be pretty easy to locate people with the plethora of information available on the Internet.

And generally it is, as we found in our recent review of some commercially available databases. While it’s not “free” (what most people on the interwebs are looking for), it’s easier today to locate people than it has ever been.

But that has a number of caveats.

1) The person has a common name

Common names are the bane of one’s existence when you are trying to locate someone. Unless you have the full name, date of birth, and social security number, as well as a hair sample, DNA, and a handwriting exemplar, you are never going to find James Smith from New York.

OK, that might be a bit excessive, but unless you have LOTS of information on someone with a common name, they are going to be really tough to find. And when I say LOTS, I don’t just mean a description of physical characteristics or a recollection of a tattoo.

2) Technology is not what you see on TV

Your favorite crime drama probably showed a blurry photo from a distant surveillance camera that the detectives were miraculously able to blow up so they could see people’s faces as clear as day. Then, with the magic of television, they were able to run facial recognition through a database of every person in the world, and out of thin air, pull up a full dossier of everything that person has ever done and accomplished.

Technology just isn’t there yet, although it may be soon enough…

 

 

3) Information is not publicly available

We recently received a request to find a Jose Fernandez who had previously worked for a large corporation in Dallas. Seems easy enough to distinguish the 4,000 Jose Fernandezes in Dallas. The company is not going to give anyone his details, unless you use some sketchy method to provide a pretext for the company to get them to do so, or employ some other unscrupulous method. The IRS might know, but they won’t divulge his information either. Unless he has self-disclosed that information on a resume, social media, or elsewhere, Mr. Fernandez is not going to be easy to find.

4) The search is cost prohibitive

Now, finding Jose Fernandez might be possible, but unless he was the key to a multimillion-dollar lawsuit or someone with deep pockets was willing to spend the money, it might be too cost prohibitive. You could call former employees of the company and ask them if they knew him or know where he works now. Or you could make a list of every Jose Fernandez who lived in the Dallas area and call them one by one, something I have actually done in a different context.

Note: If you need some assistance in those areas, let me know, and I can send you our bank details so you can wire the retainer.

5) You might not have the right information

Sometimes, you may have information that is completely inaccurate. Like the wrong spelling of a name. Wrong birthday. Or even the wrong name.

Years ago, we worked on a case for a Connecticut man. His mother, on her deathbed, mentioned in passing that his father was not who he thought it was; it was a man that she had had an affair with for years in the 1950s. She provided scant details, like his name and the New York department store where he had worked. We spent years trying to track him down, but without success. Several years after working with the client, I heard back from him, and he said that he found his father (who had passed away) after speaking with friends and family members.

His mother had given him the wrong name and the wrong department store. We were doomed to failure.

But at least it had a happy ending.

 

 

6) Not everyone can be found

A few years ago, we were asked to identify a man who was owed about $100,000 after his mother had passed away. The man hadn’t been seen or heard from in many years, and the last that anyone had heard of him, he was homeless. The client was about 100 percent sure we would never find him, but we found his last reported address, and what do you know, he was there. He was living on the streets but had stopped at the apartment where he had once lived to sleep for the night.

It was complete luck. If we hadn’t had that miraculous stroke of luck that day, we may have never found him, unless we had spent dozens of hours combing the streets, which was out of the budget range of the client (see #4 above).

7) The person lives off the grid

There was an interesting story a while back about a privacy nut who spent $30,000 to have himself removed from every known database so that no human could track him down. He went so far as to even buy himself a decoy house and hire a private investigator to check his work. It’s a fascinating read, if you haven’t seen it.

And there are also stories of people living off the grid, paying cash barters and not using any electronic databases. That’s a bit extreme, but there are people who do it.

8) Some people don’t want to be heard from

Whitey Bulger, one of the most wanted men in history, lived in California unnoticed for more than 15 years by paying cash, keeping to himself, living an unassuming lifestyle, and rarely venturing out in public. This is a completely extreme case, but there are people who just don’t want to be found. Especially people who are in trouble with the law or are running from someone or something.

9) Are you working with old information?

Last week, we received a call from a Pennsylvania man who, because of closed adoption rules, was only recently able to finally get the name of his birth mother. But he had only a name and an age from when he was born in the 1950s. The name, of course, was common enough that finding her would not be easy. But the bigger problem was that she was most likely married long ago and carrying a different name, which would not be in any electronic database records that are readily available.

Most electronic information that is easily searchable and accessible will date back to the 1980s, but anything from the 1950s will not only be difficult to find but will require some serious digging.

 

 

10) People can remove themselves from databases

There is a cottage industry of privacy nuts who will do everything not to leave a trace of their existence. If you are interested in learning more, Michael Bazzell has a great book and podcast. Some may have good reasons, such as concerns for their safety. But others just want to be hidden from the Internet. What most people don’t know is that you can remove your personal information from public databases and people-search websites. Given the hundreds of sites, it’s pretty much like having a full-time job, but it can be done. Here is a good place to start.

 

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Looking for Process Servers, Law Firms, Notaries, and Document Preparation & Filing Companies in All 50 States!

Looking for Process Servers, Law Firms, Notaries, and Document Preparation & Filing Companies in All 50 States!

  • Posted: Feb 09, 2019
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Looking for Process Servers, Law Firms, Notaries, and Filing Companies in All 50 States!
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Over the years by listening to our clients who owned properties in other States we added information so Landlords could learn everything from State Laws, Learn the Eviction Process, Find where to file, and partnering with USLegal we offer any type of Form needed starting with Eviction packages to Leases and business forms. Again listening to clients they kept asking us for suggestions for Law Firms, Process Servers, and recommendations for companies to help with Filing. We need Your companies to join with us, there are many States and Counties that do not have any companies on them! When Clients search you can be found!
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