(FYI - This is written by a professional process manager and licensed investigator and is intended to inspire you to think before filing your Small Claims or other lawsuit. This is not intended to be construed as legal advice, and we urge you to contact an attorney if you have any questions or concerns of a legal nature!!)
Validation of your defendant before you sue may be crucial to your being able to collect on your judgment.
What do we mean by "validation"? OK...suppose you've got a claim against "XYZ Plumbing & Pedicures". You've asked them to pay and they haven't. Now you want to take them to Small Claims court. Before you file you should "validate" your defendant. You need to know what type of entity it is.
Did "Xavier Yanef Zarrego" file a Ficititious Business Name as "XYZ Plumbing & Pedicures"? Is "XYZ" merely another name that Xavier goes by"? If this is true, then generally speaking, XYZ is the alter ego of Xavier, and you'll want your judgment to be collectible, so you might consider suing as "Xavier Yanef Zarrego, individually and doing business as XYZ Plumbing & Pedicures".
Or maybe "XYZ" is a fictitious business name of a Corporation, Limited Liability Company, Limited Partnership or General Partnership, i.e. "Zarrego Enterprises, Inc. dba XYZ Plumbing & Pedicures". If so, you'll want to name your defendant entity IN THE MANNER IN WHICH YOU INTEND TO COLLECT YOUR JUDGMENT!!
Is XYZ a Corporation or a Limited Liability Company? Run the company name through the Secretary of State or Department of Corporations (depending on the state you're filing in) and find out. This information is important because a process server will need to know who the Registered Agent or an officer is for a corporation, who a Managing Member or Registered Agent is for a Limited Liability company.
Is XYZ a Limited Partnership? This information should be available through the Secretary of State. A General Partnership? Look for a Fictitious Business name and see in what manner it was filed - perhaps not an individual, but a partnership? If so, get a copy of the filing and name the partners individually and as partner in XYZ.
If you can't locate your defendant to determine the type of entity, first check with the business license division of the city in which they operate. Ask them to look up the license and tell you what type of entity they are, who signed for the license, and in what capacity.
Another way to find out is to contact your Secretary of State (or whoever handles Uniform Commercial Code filings in your venue) and see if any UCC liens appear. If so, what type of entity is XYZ? If your subject collects sales tax, check with the Board of Equalization (in California) and inquire as to their sales tax permit. What type of entity are they?
Is Xavier's name spelled right? Is the entity also known as "ZYX Pedicures and Porcelain Potty Patching"? (Note - in case you're wondering we made up these names so as not to malign any existing businesses!)
Also check the Bankruptcy filings to see if XYZ or Xavier has filed. If so, was it before or after the debt to you was incurred? If after, were you named as a creditor? What is the current status of the bankruptcy?
And not to complicate things, but you should also know that some businesses file as both a corporation or LLC and as a Fictitious Business. You may want to cover all bases and file your claim against the defendant as both and let the court sort it out while the defendant is under oath.
I know. There's a lot to filing a simple small claims, but you can save yourself time and money if you know who or what you're dealing with before you file. It's a lot easier to file correctly than to try to amend a judgment once it's been made. We've had clients who have attempted to levy a company bank account only to find out that there is a spelling error in the defendant's name, or that the defendant is actually a different type of entity than the one they sued.
RASCAL's Research & Location Services is a licensed California private investigation firm (CA PI #24790) who specializes in the validation and location of defendants for service of process. Our fees are very reasonable and depend largely on how much time we have to invest in the procedure, but in most cases, these fees are recoverable in California according to the Code of Civil Procedure Section 1033.5(a)(4)(b).
RASCAL's Research is the investigative division of Rancho Attorney Service of California (RASCAL), registered as #117 Riverside County. We're able to handle your validation, location and service of process for you. We've been in business since 1977 and we'll also be happy to provide references upon request.
Please feel free to give us a call if you'd like to discuss your pending case with us as far as validation, filing, and service. Keep in mind that all legal questions should be directed to an attorney and we do not provide legal advice.
Michele Dawn, Owner
RANCHO ATTORNEY SERVICE OF CALIFORNIA
RASCAL'S RESEARCH & LOCATION SERVICES
RPS#117 Riverside and CA PI 24790
28465 Old Town Front St., Suite 318
Temecula, CA 92590
(951) 693-0165
eMail: rascalprocess@aol.com
Website: http://www.ranchoattorneyservice.com/
defendant validation verify defendant entity Small Claims
Wednesday, November 16, 2011
Saturday, November 5, 2011
A Dozen Questions to ask your Process Server!
Temecula process server Murrieta process server Wildomar process server Lake Elsinore process server registered process server professional process server
When "shopping" for a process server, here's a few things to ask about:
1) How many attempts will they make? Unlimited? Or do they charge again after three or four tries?
2) Will they file your proof of service for you?
3) Are there hidden charges? Some companies add a surcharge for mileage and/or gasoline, or for mailing on a substitute service.
4) Is your process server currently registered?
5) Do they possess a business license?
6) Insurance?
7) What professional process serving associations do they belong to? NAPPS? CALSPro? USPSA?
8) How long have they been in business?
9) Do they discuss the statutory last days for service so you can get an extension if you're out of time (or almost) before handing over your money to them?
10) Will they back up their service if your defendant says they weren't served? And how long do they maintain their records?
11) Once they get your paper and your money, do they keep you advised of the status?
12) If you're requesting service of an out of state paper, does their fee include preparing a court compliant affidavit and having it notarized?
Cheap isn't always better! For example, in California Small Claims cases (generally) your filing fees and service fees are added to your judgment if you prevail and so you will be reimbursed those process server fees from the defendant as part of the judgment.
If you're looking for a "cheap" server, you'll always find someone who will serve your papers for a few dollars less than the next guy. They can do that because they might not be paying insurance, rent, association fees, or other business expenses. They might be working out of the trunk of their car and using a pre-paid cell phone. But where will they be when your defendant files a Motion to Quash or Motion to Set Aside a judgment because they say either that they weren't served or that they weren't properly served?
Is it worth a few dollars to have to start all over again? The validity of your service is the foundation for the rest of your entire case. A professional process server is not the same as a delivery person. They are required to comply with the codes relative to the court of venue, and those are voluminous.
Ask your questions before you place your documents with the "cheapest" server. You may end up getting what you pay for.
RASCAL
When "shopping" for a process server, here's a few things to ask about:
1) How many attempts will they make? Unlimited? Or do they charge again after three or four tries?
2) Will they file your proof of service for you?
3) Are there hidden charges? Some companies add a surcharge for mileage and/or gasoline, or for mailing on a substitute service.
4) Is your process server currently registered?
5) Do they possess a business license?
6) Insurance?
7) What professional process serving associations do they belong to? NAPPS? CALSPro? USPSA?
8) How long have they been in business?
9) Do they discuss the statutory last days for service so you can get an extension if you're out of time (or almost) before handing over your money to them?
10) Will they back up their service if your defendant says they weren't served? And how long do they maintain their records?
11) Once they get your paper and your money, do they keep you advised of the status?
12) If you're requesting service of an out of state paper, does their fee include preparing a court compliant affidavit and having it notarized?
Cheap isn't always better! For example, in California Small Claims cases (generally) your filing fees and service fees are added to your judgment if you prevail and so you will be reimbursed those process server fees from the defendant as part of the judgment.
If you're looking for a "cheap" server, you'll always find someone who will serve your papers for a few dollars less than the next guy. They can do that because they might not be paying insurance, rent, association fees, or other business expenses. They might be working out of the trunk of their car and using a pre-paid cell phone. But where will they be when your defendant files a Motion to Quash or Motion to Set Aside a judgment because they say either that they weren't served or that they weren't properly served?
Is it worth a few dollars to have to start all over again? The validity of your service is the foundation for the rest of your entire case. A professional process server is not the same as a delivery person. They are required to comply with the codes relative to the court of venue, and those are voluminous.
Ask your questions before you place your documents with the "cheapest" server. You may end up getting what you pay for.
RASCAL
Tuesday, November 1, 2011
Local, National and International Process Servers
You have a court date and your defendant is no where to be found. Now what?
Call RASCAL (Rancho Attorney Service of California) and let us take the worry away. We are a licensed California private investigator AND a Registered Process Server. We specialize in effecting service of process. Through our state and national associations we can handle your service just about anywhere.
We've been in business since 1977. Our office is in Old Town Temecula. We'll be happy to supply you with references upon request.
If you're shopping for the lowest price, keep looking. We're competitive but we also work with you to provide the lasting results you expect from a professional organization. Knowledge, experience and ability come at a slightly higher price. Since your fees and costs are considered recoverable and added to your judgment if you prevail in the action, you will want a service with an excellent track record rather than a "cut-rate new-kid-on-the-block" price. We've never had a service quashed or set aside in 34 years. That's got to be pretty impressive.
Please feel free to call us at 951-693-0165 so we can discuss your needs and expectations. We also take MasterCard, Visa and American Express.
"RASCAL"
Call RASCAL (Rancho Attorney Service of California) and let us take the worry away. We are a licensed California private investigator AND a Registered Process Server. We specialize in effecting service of process. Through our state and national associations we can handle your service just about anywhere.
We've been in business since 1977. Our office is in Old Town Temecula. We'll be happy to supply you with references upon request.
If you're shopping for the lowest price, keep looking. We're competitive but we also work with you to provide the lasting results you expect from a professional organization. Knowledge, experience and ability come at a slightly higher price. Since your fees and costs are considered recoverable and added to your judgment if you prevail in the action, you will want a service with an excellent track record rather than a "cut-rate new-kid-on-the-block" price. We've never had a service quashed or set aside in 34 years. That's got to be pretty impressive.
Please feel free to call us at 951-693-0165 so we can discuss your needs and expectations. We also take MasterCard, Visa and American Express.
"RASCAL"
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