18 Jan 2021

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

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.

03 Nov 2020

San Diego California Registered Process Server

It is our commitment to provide the best service, The Active Legal is recognized as of the top registered Process Server in San Diego due to our dedication and unmatched services that we provide across San Diego county.

There are many benefits for yourself when you hire a Professional Registered Process Server in San Diego, California. Give us the opportunity to show how fast and efficient we can be. It only takes a phone call or an email to get started for your personalized full-service legal support. When you are looking for self-representation and need a process server look no further! We want your business, The Active Legal team provides a broad spectrum of comprehensive legal support services at an unparalleled level of quality.

Our goal is to help attorneys and individuals save time and money by providing an affortable and efficient service of process and court filings among many other legal support services at the lowest possible rate.

Some examples of legal documents where you may use The Active Legal professional process servers are:

  • Summons & Complaints
  • Record & Personal Subpoenas
  • Small Claims Cases
  • Restraining Orders
  • Writs – Bank Levies
  • Notices to pay or Quit
  • Wage Attachments
  • Cross-complaints – Evictions
  • Pleadings – Motions
  • Correspondence – Discovery
  • Order for Appearance and Examination

Additional Services that we offer:

  • Daily Court Filing Service
  • Rush Court Filing Services
  • Court research Services
  • Messenger Service
  • Skip Tracing & Stake Outs

 

04 Aug 2020

Small Claims Court California

What is the maximum amount I can sue for in California?

The California small claims court limit is $7,500 for an individual and $5000 for a corporation. This means that the maximum you can sue for in Calfornia are these limits and if your dispute exceeds these amounts you cannot sue in small claims or will need to lower your claim or file in a higher court.

*Special Notes: A plaintiff may not file a claim over $2500 more than twice a year and the plaintiff must be an individual (limit local public entity or for businesses is $5000)

What is the California small claims court statute of limitations?

The California small claims court statute of limitations depends on each claim. If you have a written contract you have 4 years to make a claim. If your claim involves property damage you have 3 years, and if the claim is oral or dealing with personal injury the statute of limitations in California is 2 years.

Where do I file my small claims case?

You need to file your small claims complaint where the defendant resides or in contract disputes, in the locale where the contract was signed. The appropriate courthouse may NOT be where you live.

How do I know if I should sue in California small claims court?

The first thing you need to ask yourself is “do I have case?” Before you file a claim you should consider the following:

  1. Is the amount of the claim worth your time to pursue?
  2. Does the person you have a claim against having any possible claim against you?
  3. Does the person you have a claim against have the ability to pay if you win?
  4. Do you feel you have the ability to prosecute the claim without the help of an attorney?
  5. Can your evidence convince a judge that you are in the right? In other words, are you making it easy for them, is it a clear cut case? Can you find any state statute, law, or code violation to validate your case? If so, point this out!

What kind of cases can I sue for in California small claims court?

These types of cases are generally heard in Small Claims courts:

  • Unpaid debts
  • Breach of a verbal or written contract
  • Back rent
  • Return of security deposit
  • Broken or damaged property
  • A doctor or hospital bills
  • Other issues valued at $5000 or less (check your state below as this varies state to state)

Can I sue on behalf of someone else?

In most states an individual who represents a party to a small claims court action must complete and sign an “Authorization to Appear on Behalf of Party”- a form typically provided by the clerk of the small claims court or often found on their website. The representative must state that he/she is authorized to represent the party, and he/she must describe the basis for authorization (usually a letter from the represented party will suffice.)

What is the demand letter?

Before you file a small claims complaint with the court you are required to send a demand letter to the defendant. The defendant is the person you believe owes you money. A demand letter simply spells out that the defendant owes you money and you are requesting they pay the outstanding debt to you within 30 days. You can also fulfill the demand requirement by requesting via phone, email, or in person. By fulfilling this requirement in writing you are also able to show this request was made when compiling your evidence for court.

What do I do once I file a complaint?

Once you file a complaint you need to wait for the defendant to be served and for the paperwork to be filed with the courts. The time for you to get a court date can vary from court to court as it depends on how backed up they are. Typically this can be a 2-month process.

What happens if the defendant does not show?

can If the defendant does not show up the court can decide the case without them there. It is also possible for the other side to lose the case by default and a default judgment can be issued against them.

What happens if I win?

If you win you are entitled to the amount granted by the judge. The defendant does have 30 days to file an appeal. If there is no appeal, the losing party may voluntarily pay. It may become necessary to get the court to award judgment, garnish wages, or other necessary means.

What happens if I lose?

If you lose you may have to pay the other sides costs and expenses (not including lawyers fees.)

How long does it take to learn if I win or lose?

The decision by the judge or arbitrator can vary from court to court. In some instances, you may get your decision by the end of the hearing. Often you will get your decision sent to you by mail.

How do I present evidence in a small claims case?

Presenting evidence is very important in proving your case to the judge or arbitrator. You want to make your case as simple as possible and clear that you are in the right. Speaking as little as possible is generally preferred. Make sure you have you any documents, contracts, emails, pictures and any other necessary evidence to back up your case.

Is an attorney allowed in small claims court?

No attorney is not allowed in small claims court with you. The only was an attorney is allowed is if you are an attorney and you are representing yourself.

Simple things the Plaintiff needs to know!

  1. You are the Plaintiff, the person you are suing is the defendant!
  2. Keep copies of all your forms for court.
  3. Make sure you have all the dates of when the incident occurred. If you don’t have the date, give a period of time.
  4. How did you calculate what you believe is owed to you? Be specific!
  5. Make sure you send a demand letter first. Click here if you need help with this!
  6. You must file in the right jurisdiction! This is either where the defendant lives or does business, the plaintiff’s property was damaged or where you were injured, or where the contract (written or spoken) was made, signed, performed, or broken by the defendant or where the defendant lived or did business when the defendant made the contract.

Simple things the Defendant needs to know!

  1. You don’t need to file any papers for court unless the jurisdiction is incorrect. If you think the court is wrong you can send a letter to the court before the trial date asking the court to dismiss the claim.
  2. If you lose the case you can appeal it for a fee.
  3. You CAN settle the case before the trial. For information on settling your case click here.
  4. Try and win your case! Bring any information such as witnesses, receipts, and any evidence to prove your case.
  5. You can sue the person suing you but look closely at the filing deadlines!
  6. Be careful of defaulting! If you don’t settle and do not go to trial the judge may just award the plaintiff what they are requesting plus court costs. If this happens the plaintiff can legally take your money, wages, and property to pay the judgment!

Tips!

What if I need more time?

You can change the trial date if:

  1. You cannot go to court on the scheduled date (you will have to pay a fee to postpone the trial) or
  2. You did not get served at least 15 days before trial (or 20 days if you live outside the country) or
  3. You need more time to get an interpreter. One postponement is allowed, and you will not have to pay a fee to delay the trial.
01 Jul 2020

Filing Fees, Court Papers, and Court Dates

Filing Fees, Court Papers, and Court Dates

How Much Does It Cost?

Fees for filing a case in small claims court are very moderate—usually not much more than $75. In some states, people with very low incomes can ask to have court filing fees waived. Normally, a defendant doesn’t have to pay anything unless the defendant files a claim against the plaintiff (often called a counterclaim). There is usually an additional fee for serving papers on the opposing party, unless you are in a state that allows personal service to be carried out by a nonprofessional process server and you have a friend who will do it for you without charge. Most states allow service by certified or registered mail, which doesn’t cost much. In a few situations, you may have to hire a professional process server. How much this costs will depend partly on how hard it is to find the person you need to serve. You can get your filing fees and service costs added to the court judgment if you win.

Filing Your Lawsuit

Now let’s look at how you obtain and fill out the papers you need to start your lawsuit. To get started, check your state’s small claims court information website. You should be able to get the information and forms you need to begin your lawsuit online, including a formal demand letter. If you get the forms from your state’s website, you will also need to check whether the county or court where you plan to file has additional forms or requirements for filing a small claims court action (some do). You can also visit or call the small claims court where you plan to file your lawsuit.

To start your case, you will have to file a complaint or claim. This form is often called a plaintiff’s statement, general claim, or plaintiff’s claim. Most states have forms and free self-help information on their small claims court website. You can also get the forms from the court where you will be filing your lawsuit. If you do it this way, you will likely receive a package with all the forms you need and instructions for filling out the forms and filing your papers.

In most cases, you will need to provide the following information to

complete your complaint or claim:

• your full name, address, and telephone number

• the correct name and address of the person or persons you are suing (including whether this is an individual, partnership, sole proprietor, limited liability company, or corporation)

• the amount of your claim

• the reason the defendant owes you money, and

• whether you have any other claims against that person or other small claims cases.

Other information may be required as well. Follow the instructions on your forms and if you still have questions, ask your local small claims court clerk for help. In most states, small claims clerks are required to help people fill out these forms.

You will need to check the rules of the court where you are filing your case and follow those procedures for filing your papers and paying your filing fee. In most jurisdictions, you can file your papers in person or by mail. You’ll need to file the original signed document and required number of copies with the court. Some courts allow electronic filing (eFiling) for small claims cases, either by the plaintiff directly or through an approved online service provider; eFiling is becoming more widely used for small claims and is even required in some jurisdictions. Be sure to check and follow the rules for the court where you plan to file your case.

You will also need to pay the court a filing fee. If you can’t afford the fee, you may be able to have it waived. Check with your local court for rules on waiving this fee.

In most small claims courts, you don’t need to provide written evidence until you get to court. Some small claims courts, however—such as those in Washington, DC—require that certain types of evidence (such as copies of unpaid bills, contracts, or other documents on which the claim is based) be provided at the time you file your first papers.

Whether or not your state’s rules require written documentation of certain types of claims, it is wise to spend a little time thinking about how you will prove your case. You should read ahead and figure out exactly what proof you will need and how you will present it before you file your first court papers. Being right is one thing—proving it is another.

The Defendant’s Forms

In most states, a defendant doesn’t have to file any papers to defend a case in small claims court unless the defendant wants the case transferred to formal court. However, in a few states, a defendant must respond in writing. (See the appendix for your state’s rules.) In the majority of states, defendants simply show up for the hearing on the date and at the time indicated on the papers served on them, ready to tell their side of the story. (If you need to get the hearing delayed, see “Your Court Date,” below.) It is proper, and advisable, for a defendant to call or write the plaintiff and see whether a fair settlement can be reached without going to court, or to propose mediation.

Sometimes a party you planned to sue sues you first (for example, over a traffic accident where you each believe the other is at fault). As long as your grievance stems from the same incident, you can file a defendant’s claim (sometimes called a counterclaim) for up to the small claims court maximum and have it heard by a judge at the same time that the plaintiff’s claim against you is considered. However, if you believe that the plaintiff owes you money as the result of a different injury or breach of contract, you may have to file your own separate case.

In all states you must file any defendant’s claim (counterclaim) in writing within a certain time period after being served with the plaintiff’s claim (usually ten to 30 days). When you file a defendant’s claim, you become a plaintiff as far as this claim is concerned. In those states where only the defendant can appeal, this means that if you lose your defendant’s claim, you can’t appeal that part of the case. Of course, even in these states, if you lose on the original plaintiff’s claim, you can normally appeal that portion of the judgment. Appeal rules vary from state to state and can be complicated. 

In most states, if a defendant’s claim is for more than the small claims maximum, the case will be transferred to a formal court. Some states allow transfers only at the discretion of a judge, who may inquire whether the defendant’s claim is made in good faith. A defendant who does not want to cope with the procedures of formal court may be wise to scale down the claim to fit under the small claims limit. 

06 Dec 2019

What is an Agent for Service of Process?

What is an Agent for Service of Process?

Before you form a corporation or limited liability company, you’ll need to choose an agent for service of process.

The term sounds like complicated legal jargon, but the concept is really quite simple. An agent for service of process is a person who receives lawsuits and other documents on behalf of your business. Depending on the state where you live, the agent may also be referred to as a registered agent or statutory agent.

What Does “Service of Process” Mean?

If someone sues your business, he or she must notify the business that a lawsuit has been filed. Every state has laws that describe how that notice must occur. For example, in some states, a copy of the lawsuit must be personally delivered by process servers, while in other states it must be mailed by the court clerk. The person who delivers the lawsuit makes a record of the date of delivery, or “service,” and this determines your deadline for filing a response.

Delivery of the lawsuit is known as service of process. “Service of process” can also refer to delivery of other legal documents, such as subpoenas requiring you to testify in court.

Why Do I Need an Agent for Service of Process?

If someone sues your corporation or LLC, they need to know who to serve the lawsuit, or “process” upon. And as a business owner, you need to know that if your business is ever sued, you will actually receive notice of the lawsuit. You wouldn’t, for example, want a lawsuit delivered to a part-time teenage employee who’s about to quit.

For this reason, every state’s laws require each business entity to designate a person or company that will accept service of process for the business in that state.

You are required by law to have an agent for service of process in the state where your business was formed and in each additional state where your company is registered to do business.

What Does a Registered Agent for Service of Process Do?

The registered agent is responsible for accepting legal documents that are served on your business. The agent must then forward the documents to the appropriate person in your company.

The agent’s name and address will appear on your business entity’s public records. As a result, the agent may also receive notifications from the secretary of state and taxing authorities. The agent must also forward these notifications to you.

If the agent’s address changes, you must make sure the agent’s address information is updated with the state. Your business may be subject to penalties if it fails to maintain a registered agent.

Who Can Provide Registered Agent Services?

A registered agent must have a street address in the state where he or she is acting as agent – not just a P.O. box. Some states call this the “registered office.” The agent must be available at that address during normal business hours.

Most states allow anyone aged 18 or over to act as agent. You can choose an owner or employee of your business as your agent. You can also name an outside person such as a lawyer, or a business entity that provides registered agent services.

Who Should I Choose as My Registered Agent?

The registered agent has an important job, so the person or entity you select should be responsible and trustworthy. Although you can save money by acting as your own agent, there are instances where you might prefer to hire someone else to do the job. Here are some things to consider:

  • The agent must be available during normal business hours. If you are not usually in your office during the day, you should choose someone else as agent.
  • If you or one of your employees act as your agent, you may suffer the embarrassment of having a process server deliver court papers in front of your customers and employees.
  • The registered agent’s name and address appear in your corporation or LLC’s public records. If you have privacy concerns, you may prefer to appoint someone else as agent.
  • If you do business in more than one state, you will need an agent in each state. For consistency, you may find it easier to hire a registered agent company to provide this service in all states.

A registered agent is a necessary part of any business entity’s operating structure. By choosing a reliable agent, you ensure that you are promptly informed about legal actions and official correspondence so you can take the proper steps to respond.

30 Sep 2019

Steps for getting a divorce or dissolution of marriage in California

Steps for getting a divorce or dissolution of marriage in California

Getting a divorce or dissolution of marriage as it’s also called in California, can be a very complex matter, depending on wether the couple has assets and minor children, we recommend getting legal advice from a divorce attorney. This article is an overview of some basic steps for filing for divorce in California.

Step 1. Protect Yourself, Your Children, and Your Property

If you think your spouse might become violent, or kidnap the children, or take money from bank accounts or conceal other property, there are ways to protect yourself. This might involve a court order to prevent domestic violence, notifying childcare providers or schools that a child should only be released to you, or securing a passport for your child to prevent removal from the country. You can get a court order preventing the disposal of assets, or secure them yourself (just be sure to account for them, since you don’t want your spouse to claim that you illegally took them).

Step 2. Make Sure You Meet Residency Requirements

To file for divorce in California, you must have been a resident of California for at least six months, and of the county where you will file for at least three months.

Step 3. Gather Information

For the California divorce process, you will need to show—for both you and your spouse—how much you earn, what you own, and what you owe to creditors. Make copies of important documents, such as bank and investment statements, mortgage and loan documents, credit card statements, pay stubs, W-2 forms and tax returns, deeds, vehicle titles, life and health insurance documents, and utility bills, and make sure you have your spouse’s Social Security and driver’s license numbers. You will also need to estimate your monthly living expenses.

Step 4. Decide If You Need Temporary Alimony or Child Support

You will need to support yourself, and possibly your children, during the divorce process. This can be done with temporary spousal support and child support orders, which will require completing and filing additional forms.

Step 5. Determine Which Procedure to Use

California has a traditional dissolution of marriage procedure and a summary dissolution of marriage procedure. To qualify for the summary procedure, you must meet the following requirements:

  • You and your spouse agree to the divorce.
  • You do not have children.
  • You were not married for more than five years before separating.
  • You don’t have real estate, and only have a residential lease that expires within one year of filing and does not include a purchase option.
  • There are no debts over $6,000, other than auto loans.
  • Community property has a value of less than $41,000, and each party has no more than $41,000 in separate property, not including autos and encumbrances.
  • You and your spouse have a written agreement dividing the property and debts, and have executed required title transfers.
  • You and your spouse waive your right to spousal support, and rights to appeal and to ask for a new trial.
  • You and your spouse have read a brochure about the summary procedure.

If any of these requirements are not met, you will need to use the regular procedure.

Step 6. Prepare the Necessary Forms

The official California divorce forms may be obtained from the court clerk, various online sources, or from publications at your local library. You will need to file a Petition for Dissolution of Marriage, as well as financial disclosure forms. If you are using the summary procedure, there will be a separate set of forms. If you have minor or dependent children, there also will be forms relating to child custody and child support.

Step 7. File Your Forms

Take your completed forms to the clerk’s office of the Superior Court. You will need to pay a filing fee.

We recommend that you hire the services of a professional legal support company for this the court filings and the service of process, when the documents will be delivered to your spose.

Step 8. Notify Your Spouse

Your spouse must receive proper notice of the divorce having been filed. This is done in one of three ways: (1) your spouse signs forms that show he or she is aware of the proceedings (in the summary proceeding your spouse will also sign the Petition); (2) your spouse is legally served with copies of certain court papers; or (3) a proper legal notice has been published (if you are unable to locate your spouse).

Step 9. Attend Court Hearings and Provide Additional Documents

Unless you use the summary procedure, there will be at least one court hearing. You might need to provide other documents that the judge requests. One form to be prepared is a Judgment of Dissolution of Marriage for the judge to sign, thereby making the divorce final.

Step 10. Wait for the Judgment

There is a California divorce waiting period of six months between the time the Petition is filed and the time the Judgment of Dissolution of Marriage is “final.” Both you and your spouse will be sent a certified copy of the Judgment.

01 Aug 2019

The Legal Aspects of Getting Separated

The Legal Aspects of Getting Separated
Many people view legal separation as a step toward a divorce and, while it may be that, it is also an important legal process in its own right. Therefore, it is important for couples to understand their rights and the legal effects of their separation.

Issues that Can be Addressed in a Legal Separation

A married couple may decide to separate or live apart at any time without permission of the court. However, when the couple announces their intent to live apart to the court, then they are seeking a legal separation. Since a legal separation is a court proceeding, there are matters that may be decided by a judge. For example, issues such as child custody, child support and spousal support are commonly decided in legal separations. However, it is important to note that all of these things may be revised, or retracted if the couple seeks a divorce.

Differences Between Legal Separations and Divorces

The parties involved in a legal separation are legally bound to comply with the terms of the court order, however they are still considered to be a married couple because they do not have an official divorce decree.
Furthermore, a legal separation is often ordered without any delay on the part of the court because the consequences of a separation are not permanent. In many states, couples who seek a divorce may only be granted a divorce after they have gone through a waiting period. The waiting period is meant to ensure that the couple truly wants to be divorced and to end their marriage. Since a separation does not end a marriage and may be revoked with the mutual consent of the spouses, no waiting period is necessary.
Separations are often sought by couples who no longer wish to live together as husband and wife but who want to maintain certain benefits of marriage such as tax benefits, social security benefits,  or pension benefits, by couples who are religiously opposed to divorce, and by couples who are unsure about whether to file for divorce.

How to File for a Legal Separation

A legal separation is an important legal proceeding that can have an immediate impact on your life and may influence divorce proceedings. Therefore, it is important to consult with a family law attorney before filing a legal separation. Start online with the CA state bar attorney search website. Your lawyer will help you file a petition or legal separation with the court that will include how you want financial and child custody matters handled during your separation. If your spouse has no objections than the court will likely grant the separation. However, if your spouse objects to the separation or to the terms of the separation than a hearing will likely be held before the separation is granted unless both spouses agree to work things out privately or to seek the help of a mediator. Once both spouses agree and sign the separation agreement it will be approved by a judge, filed with the court and the parties will be legally separated and bound by the terms of their separation agreement.

Seek the help of  an Experienced Family Lawyer and a Service of Process company

The Active Legal has many years of experience dealing with court research and proceedings. We can help you retrieve or file the legal separation papers. Visit our website https://theactivelegal.com or call us at (619) 233-1478

03 May 2019

Court Researcher in San Diego

Court Researcher in San Diego

Court research is a process by which Active Legal Services visits the local courts and retrieve requested legal documents.

Some counties offer certain documents online, however, we can visit the local courthouse to get the public records you need for your convenience. 

Law Firms and companies need different information for different reasons, it’s not always the same type of records. Whether you are an attorney, a company, a small business or an individual, we can visit the courthouses in the San Diego city area or surrounding areas to retrieve documents from public records.

Some examples that can be retrieved are:

  • A land deed
  • Marriage license
  • Judgment or foreclosure documents 

We can retrieve other personal information like for example names, addresses, last known employers and case numbers. 

How do you search for the records?

This may depend on the courthouse. Some courthouses keep records in large, heavy books while others may have everything on the computer. Other courthouses may have their records in both places.

There is nothing to keep you from searching through the records since it is public information. If you don’t know where they are, you should, of course, ask someone at the courthouse. After you’ve done the work for a while, you’ll know where to go and things won’t seem so intimidating.

If you are a Law Firm and need a court researcher who can work at great speed we are the perfect match for you. We have many years of experience and are well versatile in finding the most efficient ways to search for records.

Do you visit different courthouses?

The Active Legal court researchers visit courthouses in San Diego County but also in surrounding counties. We try to make our work as useful as possible for our clients. When we have to travel a long distance, there may be some additional fees for travel expenses for mileage and gas; however, our prices are very competitive and upfront.

04 Feb 2019

Legal Support Services in San Diego

Legal Support Services in San Diego

The Active Legal is a leading Attorney Services provider in Southern California with extensive expertise in the industry. Having over two decades of experience in the business, we provide a superior legal support service to all our clients. Our continued commitment to providing superior legal support has helped to assist thousands of simple and complex cases to completion. Therefore is a testimonial of our outstanding success in the legal service field.

You can count on us for legal support services in the following areas;

Court Research Services: We provide court research services on a case by case basis. Our legal support staff will conduct online searches, retrievals, act as case monitors (follow all filings, orders, memoranda/opinions and decisions within a case), and in the event you need information for a closed case, we will conduct archive retrieval for all courts nationwide and the Federal Records Center.

Court Services: We offer attorney court services which include court filings, pick-ups and general administrative representation on a retainer. Our expert representative will cross-check all pick-ups and documents related to assignments to ensure that all is well with the package, conduct routine checks, looking out for possible problems such as missing signature, etc. Our in-house supervisor will also double-check for any possible defects that can cause delays in your assignment.

Non-Retainer Court Filings: The Active Legal support services team continues to provide excellent court filing service among other attorney services and support our growing list of clients. The Active Legal has the experience and knowledge to expedite even the most complex and demanding requests. We provide an experienced, dependable and cost-effective service to the San Diego area and across the country.

Fax Filings: Fax filings is at the heart of what we do. We offer fast and accountable service customized to each client’s specific needs.

Out of County Filings: Our services are nationwide. Although we operate from San Diego County, we are able to offer court filing, e-filing, process serving, document retrieval, and skip tracing or notary services for clients outside San Diego.

Courier Services: We offer a fast, accountable and customized miscellaneous deliveries/messenger services for clients within and outside San Diego. Our service is efficient and reliable with our messenger service personnel always on call, ready to come to your aid at any time.

Service of Process: The Service of process is nothing more than a competent professional that will be responsible to deliver legal documents to the respondent in a divorce or any other legal case. In many states like in California, the petitioner applying for the divorce, cannot deliver the documents by themselves.

Although, by law, any person older than 18 years who is not involved in the action can deliver the documents, some states require court approval if the person is not a process server.

All these formalities, are validated by affidavit of service or proof of service, which must be notarized and delivered to the person or company that required the submission of documents.

The work of the Service of process is very important because it ensures respect for due process in the United States, but also, if the service is performed incorrectly, the case cannot continue and will have to start again. The use of a processes server may avoid mistakes of inexperienced persons.

Our local, process servers are always on call and are ready to come to your aid any time you need them.

Investigation: We offer Private Investigator services to our clients who need it. We have licenced investigators with over 20 years of experience, armed with the right tools in finding people who are difficult to find and many not wanting to be found.

Small Claims: We make small claims easy. The Active Legal small claims court services will help you prepare the forms, fight the lines at court, file your case, serve your papers and file your Proof of Service!

At Active Legal Attorney Services, we pride ourselves in keeping a professional relationship with our clients, as we always strive to make their lives better by providing them with expedient and reliable services.

Our firm promise is to provide efficient services for every job we undertake.

20 Nov 2018

Guide on how to file a Small Claim and win

Guide on how to file a Small Claim and win

If you are thinking of the low hassle way of taking up legal action of small sums between $5,000 and $10,000 against an individual or a firm, the small claims court is the way to go. This threshold varies by state. But you have to be careful and be confident you have a case before going to the small claims court. The essence of a small claims court is to make it easy for everyone and to avoid expensive and lengthy lawsuits. On the day of the hearing, all you have to do is go to the court with your evidence. This doesn’t mean you don’t have a right to a lawyer but some states demands that you come alone. The small claims court is a cost-effective and easy process.

If you are stuck with a builder who messed up your bathroom, or you bought something, and the shop refuses to make a refund, here’s a guide to help you on how to leverage the small claims court.

File a Complaint

You will have to file a complaint with your county. Speak to the clerk of your county’s court, many courts have documents where you fill out the information regarding your specific case – most times, a summons for the other party and a complaint which is you. Usually, you will have to pay for the filing of your case. The firm or individual being sued must receive a copy of the lawsuit in other to defend themselves.

Preparing your case

It doesn’t matter whether you are the plaintiff or defendant in a small claims court, it is important that you show up in court so that your side of the case can be heard. If you are absent, it is most likely that the judge will not rule in your favor. Ensure to come with supporting documents and witnesses on the case. This can determine the success or failure of the lawsuit

How to comport yourself and dress in court

When going to a court, you must recognize that how you dress and your behavior in general can affect your lawsuit. Be respectful. If you do not agree with the judge or the other party, do not interrupt them. Be audible when answering questions – don’t shake or nod your head. If you are getting angry or irritated at the way the process is going, pause for a moment and take a deep breath. Lastly, dress correctly – no shorts, t-shirt or sneakers.

Collecting your money after winning

Losing in a small claims court is not the end of the road, you can file an appeal if you are the defendant, but if you are the plaintiff, the case is simply over. But before you do this, you must have fresh evidence or new information that backups your appeal that the judge ruled the case in error. With this, you can find yourself winning the case. When you do, you need to collect the money from the other party who will definitely not want to pay you. You can ask for a lien or garnishment against the other party’s property. This, you have to do yourself, but the court can assist by giving you an order of authorization for this collection.

Brace Yourself

When someone takes you to court or vice versa, there are expectations of how you hope the process turns out. In a court case, there’s no such thing as a good case because anything can happen. The small claims court is not designed to punish people or prove points. It is basically about who owes what and to whom? Be realistic with your expectations and brace yourself for anything. It will help you manage your emotions during the process.

Small claims court is a good and cost-effective way of resolving other suits or small collections without necessarily needing an attorney. They are a great place to seek legal solutions to problems.