03 Jul 2023

Behind the Courtroom Doors: Exploring the Art of Service of Process and Court Investigations

by Active Legal | in court filing, service of process

Welcome to The Active Legal, where we take you behind the closed doors of courtrooms, unveiling the art and intricacies of service of process and court investigations. As a leading provider of legal services, The Active Legal understands the critical role these processes play in the pursuit of justice. In this article, we delve into the world of service of process and court investigations, shedding light on their importance and expertise required for success.

Understanding Service of Process

Service of process is an essential step in the legal system that ensures individuals are properly notified of legal actions filed against them. Whether it’s a civil lawsuit, divorce proceedings, or any other legal matter, serving the appropriate documents is vital for upholding the principles of due process. The Active Legal’s dedicated team of process servers possesses the expertise to deliver these documents efficiently and within the confines of the law.

Behind the Scenes: The Process Server’s Role

Process servers are the unsung heroes who work diligently to ensure legal proceedings run smoothly. They embark on a complex journey to locate and serve individuals with court documents, requiring a blend of investigative skills, tactful approaches, and legal knowledge. A process server must navigate through various challenges, such as evasive defendants or inaccessible locations, while adhering to strict legal guidelines.

The Active Legal’s team of process servers is equipped with the necessary expertise and resources to tackle these challenges effectively. They are trained to remain discreet, professional, and persistent, ensuring that the documents reach their intended recipients while upholding the highest ethical standards.

Court Investigations: Unveiling the Truth

Court investigations go hand in hand with service of process, as they often require a comprehensive understanding of the case and the individuals involved. Behind the courtroom doors, a skilled investigator takes on the task of gathering evidence, interviewing witnesses, and uncovering crucial information that strengthens a client’s legal position.

The Active Legal’s team of experienced court investigators has honed their skills in conducting thorough investigations. They utilize advanced research techniques, access legal databases, and employ a network of resources to collect relevant evidence. From background checks to surveillance, their efforts contribute to building a strong and compelling case.

Ethics and Confidentiality

In the realm of service of process and court investigations, ethics and confidentiality are of paramount importance. The Active Legal understands the sensitive nature of these proceedings and holds the highest standards of professional conduct. Client information and case details are treated with the utmost discretion, ensuring complete confidentiality.

Collaboration with Legal Professionals

The success of service of process and court investigations relies heavily on collaboration between The Active Legal’s team and legal professionals. Attorneys, law firms, and legal departments entrust their cases to The Active Legal, knowing they will receive exceptional service and reliable support throughout the process. This collaborative approach ensures that all relevant information is shared, and strategic decisions are made based on the comprehensive understanding of each case.

We hope this article has shed light on the art of service of process and court investigations. The Active Legal’s commitment to excellence, professionalism, and adherence to legal guidelines ensures that these vital components of the legal system are executed with precision and integrity.

Whether you are an attorney seeking a reliable partner or an individual in need of legal services, The Active Legal stands ready to provide exceptional service. From meticulous process serving to comprehensive court investigations, The Active Legal is dedicated to serving justice and upholding the principles of the legal system. Trust us to be your steadfast partner throughout your legal journey.

28 Feb 2023

How Legal Courier Services Can Help Law Firms Save Time and Money

by Active Legal | in court filing, service of process

Law firms deal with an enormous amount of paperwork every day. From client files to legal documents, there is no shortage of paperwork to be delivered, signed, and filed. With this in mind, legal courier services can be a lifesaver for law firms looking to save time and money.

One of the most significant ways that legal courier services can help law firms is by reducing the time and resources spent on document delivery. Without a courier service, law firms are often left with the burden of delivering documents themselves or relying on traditional mail services. These methods can be time-consuming and unreliable, especially when it comes to time-sensitive legal documents.

Legal courier services offer same-day or next-day delivery options, ensuring that documents are delivered promptly and efficiently. This means that law firms can focus on other important tasks, such as case management and client meetings, instead of spending time delivering documents themselves.

In addition to saving time, legal courier services can also save law firms money. By outsourcing document delivery to a professional courier service, law firms can eliminate the need for a dedicated in-house delivery person or vehicle. This can result in significant cost savings for the law firm, including reduced vehicle maintenance and fuel costs.

Legal courier services can also save law firms money by reducing the risk of document loss or damage. Professional courier services use secure methods to transport legal documents, including GPS tracking and tamper-evident packaging. This provides an extra layer of security for sensitive documents, reducing the risk of lost or damaged documents that can result in costly legal disputes.

Finally, legal courier services can help law firms maintain their professional image. With prompt and efficient document delivery, law firms can build a reputation for reliability and professionalism. This can be especially important in the legal industry, where reputation and trust are paramount.

Legal courier services can be a valuable resource for law firms looking to save time and money. By outsourcing document delivery to a professional courier service, law firms can focus on other important tasks, reduce costs, and improve their professional image. Whether it’s delivering time-sensitive legal documents or managing regular document deliveries, legal courier services can provide an efficient and cost-effective solution for law firms of all sizes.

15 Nov 2022

How to serve someone who is avoiding service?

by Active Legal | in service of process

In California, a person is served when they officially receive the papers.
But what happens if you are unable to serve the documents because the other party is avoiding you or avoiding being served?

It’s highly recommended that you hire a process server, this is a professional who is qualified and experienced with the legal procedures for serving court documents. Read more below to learn more about a server of the process.

If a copy of the legal papers can’t be delivered to the named defendant,
a summons may be served by leaving a copy with a competent person in the household, place of work, or business – even if they are not a party to the action.

Sometimes, a defendant will try to evade service of process. The purpose of service of process is to notify the defendant of the lawsuit. A defendant may not legally evade the process. Doing so will not stop the lawsuit from progressing. In that case, the plaintiff’s process server may leave the documents in a place where the defendant is likely to obtain them easily.

If a person is not at home, or evades service, the process server may leave a copy of the papers at the person’s home with someone else living there who is at least 15 years old. The age requirement is in place to ensure that the person accepting the papers on behalf of the person to be served will ensure that the papers get to the person who is to be served. A process server must explain what the documents are when leaving them with a person other than the defendant.

A process server may not leave the papers on the front porch or slip them into a mail slot at the residence. A process server may not serve a defendant with papers on a Sunday. Doing so will invalidate the service of process.

What Happens If the Defendant Cannot be Found?

Most states require the defendant to receive court documents in person and provide proof so that there is no doubt about whether or not the defendant was properly served. An unscrupulous person who does not want to face their responsibilities and legal services as stated by the laws, on the other hand, may go into hiding to evade skip tracing and the process service. There are a few choices of process service of a process server that cannot be able to serve the legal documents:

Service by publication is allowed in cases where the defendant cannot be located. A plaintiff seeking to serve a defendant in this manner must make good faith attempts to locate and serve the defendant before a court will allow a process server to serve a defendant in this manner.

Service by process is serving a defendant by publishing a notice in a publication such as a newspaper in a location where the defendant is likely to see it. It could be the newspaper located in the town where the defendant lives. Only certain types of defendants may be served this way. Again, the rules for service of process by publication are strictly construed by courts. Bring any questions you may have regarding personal service to an attorney whom you trust.

Process Servers’ Due Diligence

The process server must first demonstrate that they attempted to serve the documents in person and failed. They must show that they have exhausted all other options for locating the defendant and that any other means of notification should only be used as a last resort. Professional process servers are essential to have on hand because they will know how to show the court that they tried their hardest to accomplish their duty.

06 Sep 2022

Frequently Asked Questions About Serving Court Documents

by Active Legal | in court filing, family law, service of process, small claims

Reasons for being served papers?

A process server would only serve you documents because someone is suing you or you are a party in a legal proceeding.

This could be because of any of the following reasons:

A divorce
Child support
Small claims matter
Cease and desist letter
Request for payment
Or any other legal matter.

The process server’s job is to find you and serve you the legal documents, giving you notice of the legal action.

What happens if you never get served court papers?

It would be best if you didn’t try to avoid being served court papers purposely.

If you don’t receive the court documents, or you don’t get them on time, you won’t be able to file an Answer by the deadline. As a result, The plaintiff will ask the court for a default judgment.

Can someone else accept served papers?

Papers must be “served” on any other person who is involved in the law suit or who the law requires get the papers. Many states require that this person be approved by the court.

After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers. The Proof of Service form must be filed with the court.

How to serve someone who is avoiding service?

In California, a person is served when they officially receive the papers.
But what happens if you are unable to serve the documents because the other party is avoiding you or avoiding being served?

Can you refuse to be served papers?

No, in California, a person cannot refuse to accept service. If he avoids the process server altogether, he/she is risking the court may enter a default judgment.

What’s is a process server?

A service of process, or simply known as process service, is a legal procedure in the United States, which declares all parties must be notified when facing legal action against them in a court of law or an administrative court. Process service is accomplished through the delivery of a set or series of documents describing the legal action. Examples of documents that comprise service of process include summonses, complaints, subpoenas , writs, and other court documents. These documents are delivered to the individual whom the legal action is directed by a process server. Service of process must be served by an individual who is not a party to the case.

The Active Legal is an experienced process server in San Diego, and North County. We are committed to our clients by offering an array of legal services in a fast, accurate, and efficient manner.

02 Jun 2022

Process Server San Diego

by Active Legal | in service of process

The Active Legal provides legal services in San Diego, and North County. We are committed to our clients by offering an array of legal services in a fast, accurate, and efficient manner. The Active Legal will take on your service of process request and work with efficiency and professionalism to ensure prompt and stress-free service of all documents. All of our services are provided with a meticulous attention to detail. We are committed to keep you informed on the status of your orders, letting you know of all attempts, when it was served or if there are any problems we may encounter.

What is Service of Process?

How to Serve Legal Documents?

When service of process was first instituted, sheriffs or deputies, and agents of the court performed this important aspect of due process. This became a burden on law enforcement, so the legislation changed. Now, in many states, any US citizen that is not a party to the case, over the age of 18, and residing in the state where the matter is to be tried in court can serve papers.
Keep in mind that process serving laws differ from state to state and may change. Some states require that process server be licensed, some require registration with the county and in some states, they are required to post a surety bond.
In general, there are several requirements and constraints associated with the rules of service of process. In some states, you cannot serve on Sundays or holidays. Some places do not allow process service on a person traveling to court. It is also very important to note that papers cannot be served by someone involved in the case or legal proceeding.

Why Hire a Process Server in San Diego?

If a serve is not done in accordance with these rules, and other rules determined by your state, it can hinder your case from going forward or result in the dismissal of your case. Improper service also delays the obtainment of evidence, which can cause injunctions, court fees, and attorney’s fees.

As a process server, our company will serve your legal documents and, once completed, file an affidavit of service with the appropriate court. We serve all types of legal documents such as eviction notices, personal protection orders, divorce papers, custody papers, landlord/tenant, subpoenas, garnishments, order to show cause, and more.

E-Filing

More and more courts are switching from in-person filings to online electronic filings. We will electronically file your affidavits and other documents (when applicable) into the correct court, saving you time and stress.

09 Feb 2022

6 Tips to help you get a friendly divorce

by Active Legal | in court filing, family law, service of process

I can’t stand it anymore! I’m getting divorced! Before reaching this decision and starting the divorce proceedings, it is crucial to reflect on the reasons why you want a divorce. Sometimes, couples therapy helps to avoid marital breakdowns.

1. Focus on the present and future, without looking for blame

While you are having a bad time, it is challenging to think about today and tomorrow, especially if the breakup has been traumatic. However, continually stirring up the past and looking for blame for the divorce does not lead to anything. It does not provide a constructive solution to the problem.

2. Give in sometimes so that you can gain peace of mind

To have a divorce without problems, you have to know how to give in and be clear that not all battles are going to be won. For this reason, you have to prioritize and fight only the essential battles.

3. Mutual agreement divorce: it is always the best option

Getting a divorce by mutual agreement is the best option. This favors a climate of dialogue and makes it easy and quick to divorce. Even more so in the event that there are children, since a more favorable environment is created and, in addition, it allows the new situation to be assumed better and more quickly.

4. Take a realistic look at your financial situation

The separation and distribution of assets is always a sensitive issue in case of separation. Therefore, it is very convenient to make a detailed and realistic list with all the shared finances (accounts, debts, etc.), as well as the economic needs that will be had later.

5. Have all the documentation in order

A divorce process requires several procedures, which implies having many documents in order. When more “paperwork” is arranged, the work of the lawyers who are in charge of the process will be easier.

8. Use good professionals: lawyers, mediators, and a service of process company

For the divorce to be a success, it is important to surround yourself with competent and prepared professionals. You have to listen to them, let yourself be guided by them -they are not emotionally involved and can see the situation more clearly- and not generate false expectations. Consider divorce mediation, the work of the mediators is also very important. They always try to make the two parties win without there being a loser.

Contact The Active Legal today to get help with filing and servign the divorce papers. While getting a divorce is one of the most challengin situations in your life. We have years of service of process experience in San Diego and are ready to serve your needs.

01 Nov 2021

How to serve legal documents in California?

by Active Legal | in court filing, service of process

What Is Service?

The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court.

“Service of court papers” means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.”

Personal Service
“Personal service” means that someone – NOT a party to the case – must personally deliver the court documents to the other side.

In “personal service”:

The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
- If the party being served does not want to take the papers, they can be left on the ground in front of him or her. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.
Personal service is complete the day the papers are served.

“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”

Since it is the most reliable, “personal service” is valid in all types of case. Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.

Serving Court Documents

Serving papers on another person is an official handing over of documents. Papers must be “served” on any other person who is involved in the law suit or who the law requires get the papers.

This lets the person(s) in the case know what you are telling the court and what you are asking the court to do.

If the papers are not served in the correct way at the correct time, the court cannot go forward with the case.

A person is served when they officially receive the papers.

Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s).

After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers. The Proof of Service form must be filed with the court.

Using The Active Legal to serve legal documents is easy. Start by getting informed with some of the most common questions regarding Service of Process, or call us today to hire a professional server of process in San Diego.

03 Sep 2021

Court Filing Services San Diego

by bj | in court filing

Have a last-minute or same-day filing in San Diego County? Visit our website or call us for a rate. The Active Legal has you covered.

Same Day & Rush Court Filings

Our San Diego-based legal couriers are not just regular people driving to court and standing in line at a court house. Instead, the Active Legal Services staff is trained and is expected to know the basics of court procedures. This allows our same-day and rush court filing service to be as quick and efficient as possible.

Our experience after so many years of servicing the legal sector allows us to know in advance how to solve any issues that may arise at the San Diego court, including problems with filing and fees.

REQUEST QUOTE

Most Common Legal Documents We File at San Diego

We can deliver and file a wide array of different legal documents for you. Whether it be a complaint, petition, or summons, we make sure all of your documents are delivered as quickly as possible and in a safe, confidential manner.

Complaints
Petitions
Summons
Answers
Motions & Proposed Orders
Dismissals
Defaults

How to File Court Documents

Active Legal Services makes it easy to file your court documents whenever you need physical document filing in San Diego.

You can follow any of the following points to have Active Legal file your legal documents with the San Diego court:

Send us your documents via email
Send your documents through our website www.theactivelegal.com
Schedule a pickup day and time to have our courier pick up the records at your office

As part of our court filing services, we digitally store your conformed copies free of charge.

Additional Court Services

In addition to court filing, our legal service of process department can assist you with:

Obtaining copies of documents from court files
Court Research
Fax Filings
Out of county filings
Service of process
Investigations
Small Claims

Proof of Service

Many attorneys and law firms in San Diego, CA, trust Active Legal Services to get their court filings done quickly and accurately. Our years of experience as a preferred court filing and service-of-process company in San Diego allow us to file legal documents quickly and accurately.

You can trust us with your last-minute filing. We have a rush court filing service available that can get your documents filed the same day.

Advantages of using Active Legal Services

Trained and Experienced Legal Couriers

Each of our legal couriers is trained to be knowledgeable about court procedures.

Open 24/7

Contact Active Legal if you have a filing that has to be rushed or filed first in the morning.

Court Experience

All of our couriers are familiar with the courthouses, clerks, and legal process to expedite your legal filing in San Diego, CA.

Schedule a San Diego Court Delivery Today

Let’s work together and file your documents with a San Diego courthouse at any time. Including Family, Federal Courts, County Courts, Criminal Courts, and Civil courts. Our legal couriers have handled thousands of legal court filings cases for attorneys and individuals with a track record of excellency.

02 Apr 2021

Small Claims Support in San Diego, CA

by Active Legal | in small claims

The Active Legal provides the support you need for filing a small claims suit in San Diego county.

Using The Active Legal is easy. Start by getting informed with some of the most common questions regarding Small Claims, see how much you can file a claim for and most importantly whether you have a basis for a small claim suit.

With our assistance, it’s easier than ever to get your money back!

Top Reasons To Use Small Claims

Security deposit
Car Accidents
Property Damage
Collection of money owed
Suing a collection agency
Creditors that pull your credit file without permissible purpose
Collection of money owed

Before going to small claims, it’s advisable that you try to resolve the matter formally through a demand letter or cease and desist letter.

Demand letters are legal documents sent between two parties when a wrong has occurred. Typically written by attorneys, demand letters request that the party that is receiving the letter right an injustice that has befallen the victim as a result of the receiver’s actions. Wrongs can include things like breach of contract, not following through with an obligation, being involved in a car accident, or any other offense that resulted in some sort of disadvantage or injury to another party.

Writing out demand letters asking another party for restitution is what precedes an actual lawsuit. It’s essentially the step before you get to court, but after more amicable attempts have been made to recover compensation for damages. You can say they work as a warning or strong reminder – an attempt that one party makes to get paid by the other, before actually having to bring them to court.

These letters are not a legally binding order against another party. Cease and desist letters, also, do not convey or hold jurisdiction for a lawsuit.

Small Claims Checklists for California!

What is the maximum amount you can sue for?

You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year.

What’s the statue of Limitations for your case in California?

California Code of Civil Procedure section 335.1 gives you two years, starting from the date of the underlying accident or incident, to file a civil lawsuit seeking a legal remedy (compensation) for “injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

What’s the statute of limitations in California with a written contract?

If the contract is written, the statute of limitations is four years under California Code of Civil Procedure section 337(a). If the contract is oral, however, the statute of limitations is only two years. That’s section 339(1) of the California Code of Civil Procedure.

What’s the statute of limitations in california Property Damage

The statute of limitations on property damage claims is three years in California. This means if you do not file a lawsuit within two years to recover compensation for your injuries, you still have additional time to file a lawsuit to obtain compensation for property damage.

18 Jan 2021

Tips to help you file for Divorce in San Diego, California

by bj | in family law

The process of filing for a Divorce in the United States may vary depending on which state you live in. However, all states have the following characteristic: an individual can request a divorce without proving that the partner is at fault, that is, as it’s often mentioned, a no-fault divorce.

In this article, we will talk specifically about divorce in San Diego, California and learn about different things that you need to keep in mind when you decide to file for a divorce.

Why is it important to learn about divorce laws in California?

Suppose you are a resident of San Diego and want to get divorced. In that case, you need to understand that California’s divorce process is not necessarily the same as in neighboring States.

If you decide to file for divorce on your own, you must visit the Family Law Court website for information about the proper steps and guidelines to complete your divorce.

Forms of representation

There are many ways to have your interests represented in the divorce process; let’s go to them:

Represent yourself:

You can represent yourself; however, we don’t recommend it, particularly if you have children. An experienced family law attorney will be better equipped to handle child support, visitation, and spousal support.

The following scenarios are ideal for individuals who want to self represent themselves:

You are comfortable filling out court forms.
You have a relative knowledge of the laws of the State of California as it pertains to the divorce process.
There is not much property to be divided.
Your partner does not hire a lawyer T
There are no children. In this scenario, there would not be much to be discussed (Guard of the children, division of assets and etc.).

Hire a mediator:

Hiring a mediator is a better option than the previous one. This is ideal for cases when the couple continues to communicate in a respectful and friendly atmosphere. In this case, the idea is to reach an agreement without going to court.

Hire an attorney:

This is the best option when children, wealth, and other important issues are involved.

If there is a dispute over child custody, over the division of the estate, infidelity, or anything that could make the divorce a faulty process, the presence of an attorney for both parties is necessary.

Property Division

Property division in the state of California, property accumulated during the marriage is considered marital property, meaning the value of the property is assumed to be divided equally. Premarital property is deemed to be individual and is not subject to division.

The state of California allows the couple to decide how the property will be divided; however, a Judge is always necessary to formalize everything.

Entering the divorce process

To enter the divorce process in San Diego, California, it is necessary that at least one of the parties has lived in California in the last six months and lived in the county where he/she lives for at least three; otherwise, the divorce process cannot take place in California.

Filling out forms and entering the process

Divorce forms are relatively intuitive and easy to fill out; however, an attorney’s help is always welcome. There are sites on the Internet that locate the family law court closest to where you live.

After you have completed the necessary forms, it is required (legal obligation) that you provide copies to the other party. We recommend that you do this by hiring an agent for service of process.

Waiting for the answer

If you have started the divorce process, the responding party has 30 days to complete the response and return it to you.

Financial information

After the petition has been fulfilled, it is necessary for you to gather financial documents and fill out a few more forms. At this time, the help of an attorney is imperative.

Completion of the divorce process

The steps for finalizing the divorce process depend on the response that the other party gives to the petition. The best possible scenario is when there are an answer and an agreement, in which case the divorce is considered indisputable, requiring only the fulfillment of some bureaucratic stages.

In case of no agreement answer, the divorce goes to court. In this situation, both parties will need lawyers to represent their interests. Important decisions about the custody of children, the estate division, etc., will be made by the Judge. Obviously, the Judge’s decision is not final and can be reviewed; even the party that felt harmed by the decision can appeal.