Friday, December 7, 2012

What Is a Registered Process Server?

A registered process server is a person that is certified and trained to deliver (serve) legal documents to individuals and companies, known as defendants or parties. When a criminal or civil case goes to court, the attorneys will alert the parties involved via legal documents. The process server, upon receiving the documents from the attorney, proceeds to deliver the documents to the individual. When we refer to registered process servers, these are usually servers that are registered to serve within a specific county or area of their state, having been trained to do so.

Becoming a process server can be as simple process. The majority of the states in the United States require an individual to be trained and certified by either an attorney or an approved veteran server. Each state has a process server association or state board that governs the laws or process for that state. They should also have a list of approved trainings and courses. State laws and procedures will also dictate the extent of criminal background one can have in order to serve documents.

The primary duty of a process server is to deliver notifications of a pending case to the party or parties involved. Process servers can also be asked to perform other tasks related to service, including surveillance or performing of background checks. It is up to the server to determine if they offer these services.

Cases vary and the attorneys representing each side will provide the person's identity and address where they believe they can be located to deliver. After the case has been filed in its respective court, the attorneys involved will deliver a court copy of the case with the parties to be notified to the server. The server will then attempt to deliver the notification to the individual they are directed to. The type of case determines the speed of delivery. Citations and petitions tend to be routine and allow up to a few months to locate and serve the documents. Subpoenas to testify and produce documents usually have a smaller time frame for delivery. Temporary restraining orders and writs of garnishment usually demand service within three business days due to the immediate nature of these types of cases.

If you are interested in becoming a registered process server, find out the requirements for your state and begin to learn the laws of civil procedure. Serving legal documents is not the most glamorous job, but it is always in demand and filings of new civil cases continue to grow every year.

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Judgment Debtor Hubby Exams

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is based on my experience in California, which is a community property state. Laws vary in each state, and nothing in any of my articles should ever be considered legal advice.

This article is my opinion about court examinations of the spouses, live-in partners, or intimate or business partners of judgment debtors. What should you put in a declaration to accompany your points and authorities for a third-party examination about judgment debtor assets?

I am not a lawyer, however I know anything can happen in court, no matter what perfect words are on your proposed order to examine a third-party about the debtor's judgment debt. More than once, a commissioner or judge has decided a third party cannot be examined - even if they own a house with the judgment debtor, and raised three kids with them.

When a couple refers to themselves as husband and wife, have raised kids to adulthood, and bought a house together, the wife can retain her maiden name for her drivers license, and claim she is not liable for her husband's debts.

How can you determine if a couple is married or not? Even if they told you that they were married to each other, that does not mean that it is actually true. If they bought a house together, and you check the vesting on the grant deed, it might show if they chose to divulge that they were married at that time.

Even if there is evidence they were married at that time, it does not mean they are still married today. If you know that they were confidentially married in a certain county, you can obtain a copy of their confidential marriage license for a fee, if you have a copy of your signed court order to get that information.

You can get the court order with an ex-parte motion, which requires a declaration, memo of points and authorities, and a proposed order, and have it served. If you found real property records in the recorder's office that shows them taking title to real property as "husband and wife", then you may find a sympathetic judge who will sign your order, since you are asking the judge only to confirm what you already know and have proof of.

Another way to get marriage information is to examine both the "husband and wife" separately at a debtor and third-party examination at the court. One of them may admit to having been confidentially married at the exam.

In California, statues 708.120, and a few others, list the requirements for a declaration, memo of points and authorities, and a proposed order. You must include the basic judgment information and a description of the debtor property you think the third-party examinee may be in possession of, and/or the reason you think the third-party examinee might owe the debtor $250 or more.

In California, third-party examination requests can be somewhat informal, you can describe the records they have in their possession, or that information they might have, is worth $250. You can also mention CCP 700.130, and document that the third-party has first hand knowledge of the judgment debtor's finances, and may be examined as a witness.

My papers have never been rejected, even when I cannot specifically point to $250 worth of property. Of course, anything can happen, so throw in the CCP 700.130 witness legal basis too, because that allows for examination of anyone and everyone who might have first hand knowledge of the judgment debtor's finances.

A third-party ORAP declaration is not hard. If they are a wife or husband of the debtor, make sure to mention shared community property. If you know about any specific property, make sure to list it specifically. You will get an ORAP lien on the property you list in your declaration, only if you mention it with sufficient specificity.

For an example of the wordings of a third-party examination order, please see my article at: http://www.judgmentbuy.com/ThirdPartyExaminations.html

Are Civil Bench Warrants Worth Getting?   Judicial Council Forms Hold Clues To California Procedural Questions   Legal Rights Advice: 10 Areas of Fun Regarding Legal Help   3 Things a New Process Server Must Do to Be Successful   How To Record A Lien   

Backlink Building: Effective Link Building With Social Media Marketing

Some experts believe that social media is the link building wave of the future. There are hundreds of social networking sites and tools to take advantage of for their potential SEO value. Social media link building doesn't stop at Facebook and Twitter. For maximum results, you will need to have some influence and a network of users.

Among the various SEO tools and strategies, link building is essential for good website page ranking. If you create content that appeals to social media users and that content becomes popular on high traffic social sites, your website or blog will be linked to from numerous sites around the web. Social networking also gives you the opportunity to find and target industry users for specific link building outreach campaigns.

The main difference between social media link building and traditional link building is the focus. In traditional link building, you are focusing on anchor texts in your backlinks from specific websites. When you are using social networking, you are focusing on the person behind the website you want to get links from.

Millions of companies use social networking sites to connect with their target customers. People don't go to these sites to buy products or services. They go to Facebook, Twitter and other sites to relax, find out what their friends are up to, and read interesting content. If you want to boost your website rankings through social media, you need to provide valuable content that is worth sharing.

First of all, you need to build an audience and start making friends. Use industry demographic data from authoritative sources such as QuantCast and ComScore. Write good blog posts and promote them. Mix in a few personal related posts now and then. Encourage your followers to share your content. Post your articles on appropriate social media sites and within relevant categories.

Build your own brand around your niche as early as possible. The best way to do that is to promote your content to webmasters and business owners who have already established themselves as industry experts. The content you write should be original and offer real value to your target audience.

Social networking sites give you new and original ways to find prospective customers and build links, but they don't cut any corners. Like any other part of search engine optimization, getting quality backlinks through social media requires time. If you want to succeed, make your updates count and produce new content regularly.

SEO: Why Build Links?   The Importance Of Backlinks For An SEO Campaign   13 Easy Ways To Get Backlinks   Choosing the Right Link Building Campaign   Backlink Building: How to Use Q and A Sites to Build Better Links   

Keeping Your Hot Tubs Safe For All The Family

The hot tub supplies a great recreational service but it also comes with a few safety considerations, some of which are obvious and others that may be a little easier to forget. Children are the first to consider both because there is a legal obligation and also from the obvious worry that anything could happen to them.

The hot tub obviously is kept full of water and it is the owner's obligation to keep the tub secure at all times so that no child gets near it when they are not being supervised. The best way to keep children away is make it impossible to get near when it is not being used, if the hot tub is in a separate room then the room can be locked but even then is better to have a lockable cover which is fully secured at all times when not in use. This also removes the massive heat loss when the pool is open to the elements.

The pool that is outside in the garden should have a lockable top in position at all times when not in use and being supervised. Hot tubs are like any other pool in that you either have to climb up to get in or to climb down into if they are sunk into the floor, then you have to climb out.

More accidents occur from falls from people slipping when moving around with wet feet and with wet surfaces about than reasonably should occur. The older you get the easier it is to fall so the last thing that is required is to have to climb over the sides of the tub and then fall back out make sure there is a safe and secure entry and exit point. No body wishes to be a killjoy but there should be adequate steps and support rails to get in and out and a level of discipline can save a broken bone or a badly lacerated foot.

Make sure that the access is good and that there is not a steep grassy slope to go down. If in any doubt make sure you err on the safe side, children are always fascinated with water which is why the hot tubs are often in demand in the first place but there are still so many tragic deaths through that odd second when they are unsupervised that the problem cannot be over emphasised. These pools are perfectly safe if the correct procedures are considered.

Choosing a Spa Hot Tub   Using Above Ground Sand Filters   Advantages Of Screened Pool Enclosures   Keeping Pets Out of Your Pool   

The Pros And Cons Of Choosing Foam Spa Covers

Generally speaking, the world of spa covers is split into two distinct varieties, each with their own positive and negative features. These two varieties include foam-based spa cover options, which are traditionally quite thick and durable, and lighter weight covers which are far less durable but are definitely more easy to maneuver after a long day in the office. For a number of reasons, easily the most popular form of spa cover is the thick, insulated foam cover. Consumers have made it pretty clear that they prefer these covers, and there are a few great reasons why.

Foam-Based Spa Covers: Why They're a Logical Choice for Most Spa Owners

Consider that most home spas are placed outdoors on a deck or patio; only a slight minority of spa owners keep their home spa in a self-contained room. This means that the spa itself is subject to any number of natural elements, including extremely cold temperatures, gusty thunderstorms, and other things which could serve to undermine both the heat and the sanitation of the spa itself. A foam cover is easily the best way to prevent the elements from taking hold of the spa and making its use impractical.

A foam cover is traditionally quite heavy, and it guards the spa against outside debris getting into the water and causing problems with the actual massage jets and other mechanical elements of the spa. The foam cover's thickness also helps to keep the spa insulated, resulting in a far lesser release of heat over time and ensuring that water will remain both clean and relatively hot between uses. This promotes energy efficiency and cost savings, and that's good for consumers.

A foam cover is also a great way to ensure that pets and small children don't go for an accidental dip in the hot water; these covers are as durable as they are thick and heavy, and that means that most of them can withstand up to 200 pounds of weight before they buckle and send a person or animal into the water. That elicits a huge sigh of relief from nervous parents and pet owners, who are all too familiar with the high price of accidents.

Thick Covers Can Be a Burden, Too

The main problem with foam covers is that they are excessively heavy and hard to remove for most homeowners, especially those who require the spa for therapeutic purposes. These covers also have a knack for soaking up the spa's water and adding even more weight to their existing heavy construction. Additionally, constantly soaking up water and releasing it back into the spa can weaken the cover's construction and cause it to crack after several years of use, even when excessive pressure is not being applied.

That being said, however, foam spa covers are still a popular and sensible way to keep a home spa free of debris, accidental falls into the water, and high utility bills which can result from poor heat insulation, and they should be considered by every spa owner.

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Wedding Anniversary Symbols

Most people are aware that significant wedding anniversaries such as 25th and 40th are linked to precious stones, in these cases silver and ruby. However, it is less well known that all anniversaries up to and including the 15th, and then every 5th anniversary, have their own particular symbol. The list below shows the symbol traditionally associated with each anniversary.

ANNIVERSARY

1st - Paper

2nd - Cotton

3rd - Leather

4th - Books

5th - Wood

6th - Sugar, candy

7th - Wool, cooper

8th - Bronze, pottery

9th - Pottery, willow

10th - Tin, aluminium

11th - Steel

12th - Silk, linen

13th - Lace

14th - Ivory

15th - Crystal

20th - China

25th - Silver

30th - Pearl

35th - Coral

40th - Ruby

45th - Sapphire

50th - Gold

60th - Diamond

75th - Diamond

The Silver (25th) and Golden (50th) Anniversaries appear to be the most traditional. In Central Europe going back hundreds of years a man would present his wife with a silver or golden garland to mark the occasion of their anniversary.

The other materials have been added to the list more recently, and there is now a more modern list which incorporates the missing years 16-19. Amazingly, a ten carat diamond has been added for a 100th Wedding Anniversary! How many couples will get that far?

The traditional version is still preferred by most people.

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