Legal Placement Services: Frequently Asked Questions

Businesses are outsourcing the staffing process to trained professionals with greater frequency. There are many reasons for this, but in essence, companies want to eliminate mistakes in the hiring process and in some industries it is difficult to even locate top talent. One industry that is experiencing a skills gap (a disconnect between the skills the company needs and the skills unemployed workers have) is the legal industry. Legal placement services organizations have stepped up to help firms with the hiring process. Firms that have never outsourced the hiring process before will undoubtedly have some questions about how it works. This article will answer some of the most frequently asked questions by companies who outsource the hiring of everything from attorney openings to court reporting jobs.

How do legal placement services work?

The legal firm with a job opening will provide details of the job to the staffing company so that the company can write a job description. The legal placement services company will then undertake a lot of the work that the organization would ordinarily have to do on its own. It will search for candidates on job sites like Monster and CareerBuilder, and even social networking sites like LinkedIn. Most companies will also have a database of potential employees from which they can pull candidates. The firm will even conduct preliminary interviews to weed out unqualified applicants.

What happens when the legal placement services company finds a good candidate?

The company will usually create a list of finalists, which will be presented to the hiring firm. That firm can then interview each of the finalists and make its own decision. To simplify, the staffing company will remove unqualified candidates but still leave the final decision up to the hiring firm.

How does a firm pay for legal placement services?

It depends on the staffing company, but typically the firm will pay the staffing company a percentage of the employee's first year salary once the position is filled. The employee will also be paid by the staffing company for a short, trial period so that the hiring firm can make sure that it made the right decision.

Are legal placement services used for part-time positions or full-time positions?

These services are actually used for both types of positions. A firm might outsource the task of hiring full-time positions like attorneys or secretaries to make sure that the hiring process is completed correctly by experienced professionals. However, a firm might also try to fill part-time or temporary positions like court reporting positions with these firms. The benefit of using a staffing service for a temporary position is that it saves a lot of time. It does not make sense for companies to devote so much time to filling a temporary position, especially when most need to be filled on short notice. Most staffing companies will have a list of court reporting professionals or other professionals ready, so that positions can be filled more quickly than if handled entirely by the hiring firm.

To have additional questions answered about legal placement services, reach out to a specialized legal staffing firm today.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Four Steps to Choosing the Right Solicitor

At various points in your life, you're going to need legal assistance. Whether you're buying or selling property, going through a divorce, or claiming for medical negligence, you'll need to look for expert assistance from qualified professionals. And that means approaching a firm of solicitors.

But when you're a layperson with no formal legal training or background, it can be difficult to work out which firm should represent you.

That's what this article aims to show; the four quick and easy things you need to take into account when you hire a solicitor. Where they can work; what they have the knowledge to do; how much you'll be charged; what accreditations the firm holds; and how experienced your solicitor of choice will be.

1: Speciality

Not all solicitors are created equal. Some specialise in property sales, some in handling the drafting and execution of wills, and still others have studied medical procedures as part of their commitment to handling clinical negligence claims. So you need to choose the right solicitor for your case. It's no use asking a divorce lawyer to sell your house, or for a medical negligence solicitor to help you out during a police interview.

Fortunately, most major firms will employ a number of partners to cover a selection of fields. So be sure to check that they'll be able to bring the right skills to the table.

2: Price

Cheaper isn't always better when it comes to hiring legal advice. But that doesn't mean you should always go for the most expensive. A broad selection of prices and fees shows that a firm can handle any case, no matter how simple or complex.

Always ensure that the firm you approach has a range of packages and rates available, as that way you can pay for the legal advice that suits you best. Because unlike many services that you'll have need of during your lifetime, advice from solicitors is not "one size fits all".

3: Accreditations

Accreditations are proof that a solicitor knows what they're talking about. So before you approach a firm to represent you, check and see what accreditations they have.

A Law Society Accreditation should be the bare minimum that your chosen firm can show you, while a list of other awards from Chambers and other bodies should tip the balance in the firm's favour. And any specific accreditation in the field you're being represented in, such as a Law Society Personal Injury stamp of approval is a sign that you really are on the right track.

4: Experience

Finally comes experience. As with any field, a solicitor who can prove they know how to handle the situation you're in is a solicitor that you should hire. So never be afraid of asking questions like "how long have you been established", and "how experienced is the lawyer working on my case?"

And if the answers you receive fill you with confidence, you'll know that you've found the right firm to look out for your best interests.

You should now have the information you need to find the right firm to represent you. So get out there on the search engines and hire the solicitors you need!

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Hot Potato Judgments

Hot potato judgments are tough judgments that no enforcer, collection agency, or contingency lawyer wants to take or keep. Such judgments are "hot potatoes" because they are passed around quickly, and nobody wants to hold onto them for long. A hot potato judgment is shown to many people who turn it down. Sometimes (and eventually), such judgments are taken by an overly optimistic enforcer; who works on them for a while and recovers nothing, and either flakes, or eventually returns it.

This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. Another name for hot potato judgments is difficult judgments, which describe most judgments these days.

A common pattern is, a creditor has a very old judgment, often renewed, and they will repeat the same kind of story many times: "My judgment debtor is a fraud and transferred his properties to his relatives (e.g.) 15 years ago, and keeps his money overseas". Such creditors often finish their pitches of hot potato judgments with "My debtor is rich and my judgment will be easy to recover".

Such creditors wonder why nobody wants to buy, or try to recover their judgment on a contingency basis. Of course, the creditor does not see the big picture, and not a dime has been recovered in (e.g.) 15 years, and this is not an easy judgment to recover. This is a tough judgment that the creditor will be lucky to ever get any money from. Most creditor's memories are based on their debtor's past. It is not what the debtor used to own, it is what they own now that counts, here and now in large amounts.

If creditors were consistently told the truth, that (e.g.) their judgment debtor is poor or their assets are too deeply hidden; the creditor might not keep wasting time showing their hot potato judgment to many enforcers. Unfortunately, many enforcers turn down judgments without fully explaining the debtor situation to the creditors.

Some new enforcers, collection agencies, and contingency collection lawyers, start out taking all judgments; then they find out they are too tough, and returns them, or sometimes even goes out of business. Some enforcers only accept easy judgments, rejecting far more than 99% of the judgments they are shown.

The average judgment does not have a debtor with sufficient assets to repay part of, most, or all of the judgment. The problem is, in this economy very few are willing to try to recover tough judgments. Recovery experts want the easy ones.

For creditors with tough judgments, the battle is not over when you find someone to assign your judgment to, or find an entity to try to recover it. You might soon be surprised when they recover nothing and/or return the judgment to you.

Of course, everyone wants easy judgments. When your judgment is large and easy to recover, you can enforce it yourself, hire a lawyer, or find a recovery solution.

With big and easy judgments, judgment brokers know the right experts with the best deals and rates, that make recovering it yourself much less attractive. When you have a debtor with large assets, you hold most of the cards. However, with judgments nothing is guaranteed, and most are tough.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Filing a Motion to Quash Service in a California Unlawful Detainer (Eviction) Case

This article will discuss the filing of a motion to quash service in an unlawful detainer also known as eviction case in California.

The first thing any tenant who has been served with a summons and complaint should do is determine if they were properly served or not. If the summons and complaint were not served in a statutorily authorized manner than a motion to quash service of the summons and complaint may be filed to request that the Court determine that the service was defective and should be quashed. This will force the landlord to reserve you correctly.

Here are some examples of what some judges would consider defective service.

1. Leaving a copy of the summons and complaint at the front door or attaching to the door knob and then claiming that the tenant was personally served;

2.Posting a copy of the summons and complaint on the front door without obtaining a specific order of the Court to do so, and

3. Not strictly complying with an authorized form of service such as handing a copy of the summons and complaint to another person at the residence without also mailing a copy of the summons and complaint to the tenant as required by law.

You MUST file a motion to quash if you want to object to the service of the summons and complaint. If you file any other type of response instead of a motion to quash you have waived any right to object to the service. See Code of Civil Procedure Section 418.10(e)(3).

California Code of Civil Procedure Section 418.10 states in pertinent part that a defendant may file a motion to quash service of summons on the ground of lack of jurisdiction of the Court over him or her. The main grounds used are that the service on the defendant was defective as the Court does not acquire jurisdiction over a defendant unless proper service of the summons and complaint has been made. This is true even though the defendant may be a resident of California.

Note that the motion to quash in an eviction case must be set for hearing within 3-7 calendar days from filing of the motion. See Code of Civil Procedure Section 1167.4(a) and California Rule of Court 3.1327(a). If the motion to quash is served by mail the hearing must be set between 8-12 calendar days because of the additional 5 calendar days required by the provisions of Code of Civil Procedure Section 1013. See California Rule of Court 3.1327(a).

If there is a Court holiday in that time frame then the clerk might give you a later date. Do not schedule your hearing date past the time frame I have mentioned, unless the clerk of the Court schedules otherwise.

You do NOT want the Judge to think that you just filed your motion to quash to buy time. If they do think that then you will most likely lose the motion to quash and the Judge will look very closely with a jaundiced eye at any other type of motion or answer that you file later in the case.

Some Courts only hear motions to quash one day per week, while others hear them several days a week, and some hear them Monday through Friday. Check with the clerk of the court where your case has been filed to find out which days and times, and in which department, the motions to quash for eviction cases are heard.

A Motion to Quash Service is a "special appearance" meaning that it does not admit the Court's jurisdiction over the defendant.

Case law in California is well settled that once a defendant files a motion to quash service that the plaintiff has the burden of proving that the service was valid.

Once a defendant files a motion to quash the burden is on the plaintiff to prove by a preponderance of the evidence the validity of the service and the court's jurisdiction over the defendant.

The Courts in the State of California have ruled that a defendant is under no duty to respond to a defectively served summons.

And a defendant is under no duty to respond to a defectively served summons and may stand mute until a plaintiff makes a showing of the validity of the service to the satisfaction of the court.

This is particularly so when the defendant was served by "substituted service" as the statutes allowing such service are strictly construed..

Statutory provisions for substituted service must be strictly complied with, and statutory conditions upon which such service depends will be strictly construed.

And in an Unlawful Detainer action a Motion to Quash Service may still be filed even though the defendant may actually have notice of the lawsuit!

Even when the defendant tenants (and/or subtenants) actually received summons and complaint and otherwise have actual notice of the lawsuit, a motion to quash will lie if process was not served in a statutorily-authorized manner.

Please note that the author of this article, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this article is NOT intended to constitute legal advice.

These materials and information contained in this article have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this article is not intended to create, and receipt does not constitute, any business relationship between the sender and receiver. Readers should not act upon this information without seeking professional counsel.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Why Is It So Important to Refer to Specialists in Due Time? Harm of Excessive Economy

Why is it so important to refer to specialists in due time?

Let us tell you why independent sum recovery through underpayment to a partner for delivered services is absolutely inadmissible and why, for solving problems of that kind, it is necessary to carry out a qualified arrangement of the documentation.

The following situation has already become a classic one. It happens again and again, and we are displaying it in order to give you a warning.

A company contracted with another one on transportation of confectionery. During the carriage a part of the goods lost shape and worn out. The consignee decided not to bother himself with an expert investigation for fixing the extent of damage. The damage was settled by the consignee independently, "by eye". After that the consignee simply underpaid the carrier's service the amount equal, as he estimated, to the cost of the damaged goods.

The following situation has set up. The carrier holds an agreement with terms and amounts accurately specified. There is also a reconciliation statement showing clearly that the service is paid incompletely. The carrier filed a claim to a court, secured judgment and collected the shortfall amount from the client. And, from a legal point of view, was completely right.

The consignee's arrogation, in this case, appeared to be even bigger financial losses to him. If he had evaluated the amount of loss, he would escape such course of events. Thus, having proper documents available the problem of damage reparation could have been well solved - even on a voluntary basis.

Harm of excessive economy

Economy and optimization of expenses is what business cannot do without. But it is of importance to differentiate between where the rational economy stops and the beginning of the irrational economy which raises harm to financial interests exposing goods, shipment and transaction to danger.

One case of the kind was a shipment of fruits with a truck accomplished by a Belarusian client. The fruits came from a long way off, the Caucasus. It took place in November. In order to economize the carriage expenses, the client decided to replace a refrigerator - traditional for that purpose - and to use canvas top which made the carriage a little cheaper. This way, it was impossible to keep up the temperature control in the vehicle.

The first consignment of goods arrived in normal condition, without any troubles. That is why the client thought that a canvas truck could be alright for such shipments further on. But it happened so that the next vehicle stopped at the border and reached Belarus after the scheduled date. The result of the stoppage turned into an unpleasant surprise to the client: the fruits got spoiled. And that, in all appearance, happened because of temperature fall. The consignee tried to press charges from the carrier and, as a natural result, was refused. After all, it was the consignee - not the carrier - who had chosen an "economic" kind of transportation - a truck with canvas. So, the client had only himself and his exceeding "chariness" to blame

Was it possible to predict such course of events? Clearly, it was. For that, it's enough to take into account a number of obvious factors and not to aim at economizing by all means. Indeed, in the end the client paid twice: for the goods he couldn't sell at all and for the carriage accomplished in complete accordance with the agreement which made all the claims to the carrier senseless.

Proper variant when concluding such bargains is insurance of goods. But even better is to make a detailed preliminary investigation of the bargain. Carried out with full preciseness and carefulness, it will save you from finding yourself in affairs as given above.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

The Difference Between Criminal And Civil Cases

There are many different types of courts, however criminal courts are much different from all other court types. In criminal courts, the police enforce the laws, and defendants have a constitutional right to be represented by an attorney.

This article is my opinion, and not legal advice. I am a judgment solution expert, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. The Supreme court has ruled that juvenile criminal cases are to be considered as civil cases. There are seven major differences between civil and criminal courts:

1) Criminal court cases focus mostly on the proper punishments against defendants. Punishments may include the goals of deterrence, probation, rehabilitation, retribution, community service, restitution (which names an amount of money the defendant owes their victim plaintiff), and incapacitation (locking someone up, or worse).

Civil court cases focus on the property, or the amount of money, one party owes to another. Usually, when civil money judgments are awarded, they are awarded to the plaintiff(s) as compensatory and/or punitive damages. Civil courts can award punitive monetary damages with the goal of deterrence and/or retribution. Civil courts may also occasionally order involuntary commitments, usually in medical rehabilitation situations.

2) In criminal cases, fines are usually paid to the government, and except for restitution awards, not to other parties. In civil cases, money judgments are usually awarded to the plaintiff(s). There is no guarantee that the plaintiffs or their assigns, will be able to recover anything, because what judgments list as being owed is often theoretical.

3) Criminal cases are prosecuted by those paid by the government. Civil cases are usually prosecuted by the plaintiffs, or an attorney hired to represent them.

4) Defendants in criminal courts have more constitutional protections and rights than defendants in civil courts. In criminal cases, defendants have rights against unreasonable (and certain warrantless) searches and seizures, rights against cruel and unusual punishment, rights against excessive fines, rights to an appointed lawyer, rights to a jury trial, rights against double jeopardy, rights against self-incrimination, rights to a speedy trial, etc.

5) Criminal judgments have much more social stigma than civil judgments do. Civil judgments might not affect the defendant(s) at all. Criminal judgments can affect the defendant's rights, for example not being legally allowed to own guns, reduced employment opportunities, and depending on the crime; having to register their names and addresses in public directories.

6) Civil cases are usually decided using the "preponderance of evidence" standard of proof, and occasionally a "clear and convincing evidence" standard of proof. Criminal cases always require the highest level of proof, which is "beyond a reasonable doubt".

7) In criminal courts, defendants do not have any constitutional rights to have their assets be protected, or to have their assets be represented by an attorney. Sometimes criminal courts protect the defendant's assets so they can fund their own defense. In California, a law related to civil and criminal court actions is CCP 128.7.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Why More Judgments Will Be Purchased Cash Up Front

Most people know that across the country, courts are cutting back on services and hours, and raising their fees. What is not as well known is that almost every business day, another court decides that assignees of record, enforcing judgments assigned to them on a contingency basis, cannot represent themselves in their court.

Some judges and courts have been persuaded by either lawyers or others, that those enforcing judgments for others are performing an Unlawful Practice of Law (UPL). It does not matter to those courts that the judgments being recovered have been properly assigned to the judgment enforcer. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Contingent judgment recovery is very important because not every judgment is large enough, or has a debtor rich enough, to interest a contingency recovery lawyer or a judgment buyer. Sometimes individual courts do not allow contingency judgment enforcement, and sometimes all courts within an entire state no longer allow it.

More than one lawyer has told me that judgment enforcers should not use the words "contingent" or "contingency" in any communications with original judgment creditors, their contracts, in emails, or on their websites. I also heard that one should not even use those words in conversation because someone might get deposed by a judgment debtor's lawyer.

The problem is becoming so serious that most judgment enforcers should consider only buying judgments outright, or be ready and willing to hire an attorney to represent them in court.

You might be able to change your judgment business to a judgment outsourcing or judgment referral business, or hire a lawyer to file all court paperwork and make all court appearances. You find the judgments and the assets, and your attorney does the rest. Look for the article I have written about using a lawyer in your judgment business. Another idea is to simply avoid courts that do not like assignees of record.

As of September 2012, most courts still allow assignees of record working on contingency, to represent themselves to recover a judgment. Note that most judgment enforcers are not going to run into this issue soon, because they will be recovering judgments from pro-se debtors or dealing with attorneys that do not come up with an UPL argument. However, with larger judgments, this kind of challenge may soon become routine. The larger the assets involved, the more often this may happen.

I am not a lawyer. My opinion is that if a judgment is bought for cash upfront, with no lingering contingency financial obligations; the enforcers's right to represent themselves for a judgment they own, will probably stand up to possible attacks by a judge or the judgment debtor's attorney.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

No Prudence - No Insurance

When arranging your business, eventual risks leading to losses should be kept in mind. A lot of people believe that the best cure of risk effects is an insurance policy. Still, it's not always this way, and the following example is the proof.

A Russian client contracted on delivery of perishable goods from Turkey to Russia. The shipment was accomplished by a Russian carrier as well, and he set up a liability insurance contract.

On arrival of the goods to the country, it showed up that half the goods in the truck simply got rotten. The insurance company was to settle the claim, but first they started checking the conditions of carriage of the fruits to Russia. The examination showed that the carrier packed the goods in a way so that there was no ventilation in the truck. The goods had been as if in a thermos bottle, and that's why well expectably spoiled. The carrier, in bounden duty, was obliged to foresee that but showed up carelessness and irresponsibility. At the same time he tried to prove that the goods had initially been of poor quality.

The client, as it was, wasn't settled the claim for. And the carrier is expected to be recovered a large amount from. What are the conclusions to be made for those who are in that business?

First. Chose partners with a responsible approach to the matter. After all, in this situation all of the goods got spoiled because of a single person. A more thoroughly selected carrier company, most probably, wouldn't let such occurrence take place.

Second, and the most essential. When organizing your activity and making deals mind that work with risks should be arranged on a professional basis. Thus, in that case it would have been appropriate - for arrangement of transportation - to involve a Russian forwarder with insurance of his liability. Then all the loss would have been covered either by the forwarder or by his insurance company as in that case there would be no grounds for refusal to pay.

Properly executed documents is the guarantee for having recourse

Properly and duly settled actual damage amount - that's what is to be done if you have losses caused, goods is damaged or lost. Unfortunately, not everyone realize how to do that. As the result - frequent misunderstandings between counter agents and impossibility to recover a damage amount.

Here is a case of the kind.

Russian client concluded a contract of carriage to Russian Federation. The goods was glass jars, and when unloading in Russia it cleared out that that part of the jars were broken.

The question arose - how to settle the damage amount. The client made a record in the waybill saying that a pallet with the goods was damaged, and after that sent a claim to the carrier. Answering the claim the carrier inquired documents confirming the damage amount. As the consignee hadn't presented such papers, the carrier refused the recovery and, consequently, the client was forced to go to the law. However, at the court there was a disappointment for him, either. The court, having investigated the complaint, rejected the claim as those confirming documents were missing.

As a result, the client was left with nothing though, in fact, he was caused damage to and it, on equity basis, should have been recovered.

So as not to get in such situations one should realize that for settling a damage amount it's necessary to take advantage of reliable and legally right procedures. In this case the needed document could be the act made up at presence of an independent expert and with determined damage amount or with damages fixed. And the act must be executed immediately - at the moment of revealing the fact of goods' damage. On no account one shouldn't be confined to a record in a waybill and, moreover, to assess a loss amount "by eye" so that further on not to pay in addition for the carrier's service, as some businessmen do sometimes. If the situation is complicated and multiple-valued and your acquirement is obviously insufficient, don't hesitate to turn to experts.

Basic Uncontested Probate Procedure in California

The topic of this article is basic uncontested probate procedure in California. The discussion will briefly describe the procedures and issues for an uncontested probate in California.

The word probate generally refers to what happens to a person's property when he or she dies. The purpose of probate is to see that the debts and taxes of the person who has died, known as the decedent are paid and that the remaining property gets to the rightful owners.

Assets held in the decedent's name alone are called probate property and usually require a court proceeding to determine the beneficiaries. Probate property passes to the persons named in the will, or if there is no will, according to California law on intestate succession. The person who oversees the probate proceeding is commonly called the executor or administrator. A will normally names an executor, usually a close relative. If there is no will, the court will appoint an administrator in a certain order of priority, starting with the surviving spouse, then children, etc.. It generally takes a minimum of 6 to 9 months to complete a formal probate court proceeding.

Certain property does not pass through formal probate such as pay on death accounts at banks, sometimes referred to as "Totten trusts", certain accounts that name a specified beneficiary or beneficiaries with stockbrokers and other financial companies, the proceeds of life insurance policies, certain retirement accounts such as IRA's, and other types of property held in joint tenancy, or community property with the right of survivorship, etc. If the gross value of the property of the estate is less than $150,000 as determined by a probate referee, a formal probate is not required. Instead a special petition to determine succession to real and personal property is filed with the Court, this procedure is much simpler and quicker than a formal probate. There is also a very simplified procedure which can be used if the estate property is only real property with a gross value that does not exceed $20,000 as determined by a probate referee.

If there is a will then a petition for probate of will and letters testamentary must be filed. If there is no will then the petition is called a petition for probate and letters of administration.

Once the petition for probate has been filed, a notice of petition to administer estate must be published in a legal or "adjudicated" newspaper that publishes probate notices. The notice must be published before the hearing on the petition for probate. The first publication must begin at least fifteen calendar days before the hearing. All of the beneficiaries and other persons mentioned in the will must be mailed notice of the petition to administer estate at least fifteen calendar days before the hearing.

In most uncontested cases either the will waives bond, or the all of the heirs sign a waiver of bond. Most courts will waive the bond if everyone has signed a waiver, particularly if only limited authority under the Independent Administration of Estates Act is requested. Limited authority means that the executor or administrator may not sell any real property, or encumber any real property without obtaining court permission, and any sale of real property must be confirmed by the Court and a special notice published. If full authority is requested, most Courts will require a bond, as well as when the proposed executor or administrator is not a resident of California.

Note that every bonding company that the author has ever dealt with has refused to issue a bond for someone who is not represented by an attorney. Depending on the particular case, there may be ways to avoid or at least greatly reduce the need for a bond. This includes depositing money or other property such as stocks into a blocked account, with no withdrawals permitted unless a Court order is obtained. There are other ways such as the use of personal sureties but such methods are rarely used because of their complexity.

Full authority means that the executor or administrator does not have to obtain Court permission to sell any real property or encumber any real property. Instead they must serve all heirs, beneficiaries and other persons entitled to notice with a Notice of Proposed Action describing in detail what they plan to do, the notice must be served at least fifteen days before the proposed action. If anyone objects then the Court will hold a hearing on their objection.

At the hearing on the petition for probate, if no objections have been received, the Court will appoint the executor or administrator, and also appoint a probate referee to appraise certain estate property such as automobiles, real estate, and other types of property which do not have a readily ascertainable cash value such as stocks, bonds, etc. Cash in the bank is appraised by the executor or administrator.

Notice to creditors must also be given. Even if no creditors exist a notice must be served on the California Franchise Tax Board. Any creditors given notice have until the later of sixty days after the notice was served, or four months after the letters were issued to file a creditor's claim. The executor or administrator must approve the claim in whole or in part, or reject the claim. If a creditor's claim is rejected then the executor or administrator must wait three months once the notice of rejection was served before a petition for final distribution can be filed.

Once all creditor's claims have been dealt with, and after at least four months have passed since the letters have been issued, then a petition for final distribution may be filed.

The petition for final distribution will generally request that the Court approve all actions taken by the executor or administrator, and must provide a complete accounting of the estate unless all heirs or beneficiaries have waived the accounting. The petition must also list the current value of all estate property, and all heirs or beneficiaries entitled to property of the estate, as well as what percentage they will receive. Also if the executor or administrator is requesting their statutory fee, or the fee for the attorney, a detailed breakdown of how the proposed fee is calculated must be included in the petition.

If the Court approves the petition for final distribution then an Order will be signed by the Judge. Then once all heirs and beneficiaries have signed a receipt stating that they have received all property to which they were entitled, the receipts are filed with the Court along with an Ex-Parte Petition for Final Discharge which requests that the Court discharge the executor or administrator. Once that is done the probate is over, if a bond was issued than the bonding company will cancel the bond once they have received a copy of the Order of Final Discharge.

If you enjoy this article, tell others about it.

Yours Truly,

Stan Burman

Copyright 2012 Stan Burman. All rights reserved.

Please note that the author of this article, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this article is NOT intended to constitute legal advice.

These materials and information contained in this article have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this article is not intended to create, and receipt does not constitute, any business relationship between the author and reader. Any readers should not act upon this information without seeking professional counsel.

Qualifications to Be a Fire Investigation Expert Witness

Introduction

Before fire incidents are ruled out as arson (or the criminal act of burning something intentionally), they are subject to strict and thorough investigation. This is to make sure that all angles and possible aspects of the incident are considered before the court makes a sound decision. So to carry on with the investigation, a fire investigation expert is called in to look at the case.

Why investigate?

Fire is one of the most damaging disasters that people can experience. When a building, an establishment, or a structure catches fire, almost everything is ruined. So sometimes, some people intentionally set their properties on fire in their attempt to manipulate their insurance coverage or to simply sweep out important documents. Therefore, the expertise of a fire investigation authority is needed to know whether or not a fire incident was planned.

Qualifications to be a Reliable Fire Investigation Expert Witness

A fire investigation professional's testimony is the cornerstone of fire cases. It serves as the framework for all other evidences. So to make sure that their testimony is admissible in court, fire investigation experts do their homework and gather information to be credible and factual. But before a fire investigation specialist can be allowed to give his testimony, he must comply with the strict rules and standards of the court.

What should the qualifications of a fire investigation expert be?

First, these expert witnesses must have undergone years of training and education in their field. They must have an above-average knowledge, wisdom, and real life experiences to be qualified. Most of the time these, professional witnesses are former firemen and former members of rescue teams. They are usually seasoned and have experienced almost all possible situations of fire cases.

To prove what they say they are, these professionals are subject to investigation themselves. Their educational background, certificates, professional accreditation, and membership or affiliation in a professional organization will be questioned and verified.

Next, these experts must know the rules of the state on arson, fire, and things related. In addition to that, they must know how the legal system works, to know what kind of documents needed to be prepared.

But aside from those, a professional wanting to be an expert witness must be able to handle the demands of the court. After all, the true measure of an expert fire investigator is more than the technical skill and experience in the field, which enable the investigator to determine a fire's cause and origin. The ability to effectively and convincingly testify at trial is the true measure of an "expert" witness.

Importance of a Doctored Recordings Expert Witness

Introduction

In every case, the usual and the first protocol of investigation is usually using visual evidences. But for some cases, there are things that can only be solved through the use of others senses. And one of them is through the use of audio or recording investigation. For instance, in legal cases involving recordings and tapes that are believed to be manipulated or "doctored," an expert in this area may be summoned to provide his testimony.

Importance of a Doctored Recording Expert Witness

As our world progresses through time, not only does our technology get more and more sophisticated. But also, state-of-the-art gadgets are now affordable. For instance, more and more equipment and gadgets that make use of digital technology are now readily available to the public. While this has several positive effects and benefits, one cannot discount the possibility that sometimes, these gadgets can be used to harass, embarrass, or abuse other people.

One of the typical mis-uses of these gadgets come in the form of doctored recordings and tapes. Almost everyday, two parties get involved in civil and criminal cases that have something to do with these "doctored" tapes. Fortunately, with a professional whose expertise lies in determining whether or not the alleged "doctored" recordings are indeed manipulated, these legal cases can be solved.

How can a recording expert proceed?

First, he goes over the case to have full understanding of it. Then he conducts his investigation. There are different procedures involved in the investigation. But in most cases, these professionals use all their tools and knowledge (and even scan other related documents), to determine whether or not there is a discrepancy in the recording. Using advanced instruments, they can examine the consistency of the voice, the background noise, the presence of gaps, and other suspicious breaks in the recording. After thorough investigation, these professionals can tell whether the tapes are fake, tapped, or doctored.

In court, a recording expert can act as an expert witness by presenting his findings to assist in the decision. He prepares the required documents, and if needed, he takes the stand to give his expert opinion. Whatever he says can influence the outcome of a trial, so he has to be careful in whatever information he presents. He is expected to come up with a concrete, strong and unbiased decision and testimony that he can easily present and defend in a trial. He may also be questioned by cross-examining lawyers, so he has to be prepared before he takes the stand.

Importance of Expert Witness Testimony in an Arson Case

What is an Arson Investigation Expert Witness?

Expert witness testimony is very important in an arson case. It is the basis of all other evidence in a trial. A lot of fire and arson investigators begin as firefighters or police officers. A fire investigator aims to be qualified as an expert witness, meaning s/he is an authority in the case because s/he was able to gather enough knowledge and evidence to testify at trial. These experts should have a strong knowledge which extends beyond the dynamic of fires. They must also be well-informed about its construction, engineering.

Importance of an Arson Case Specialist

As a specialist, the investigator is capable of influencing an arson trial by her/his testimony better than any other witness. Effectively presenting expert testimony entails careful preparation. An authority in arson investigation must have more than technical skill and experience in this line of work. S/he must be able to uncover a fire's cause and origin, if any criminal activity was involved, and what evidence is present at the scene. The true measure of an expert witness is being able to present convincing evidence at trial. More than just exposing the cause and origin of the fire, expert testimony must direct the jurors' attention to critical evidence and develop the theory of the case. It should be properly presented so that it establishes credibility of the case.

The rules of evidence include a definition of an expert witness. As an authority, the witness must be qualified in terms of knowledge, skill, experience, training or education. Also, the testimony of this specialist must include subject which is beyond the scope of understanding of ordinary people such as members of the jury.

"Expert witness" is a term which may sometimes be misconstrued. To be qualified as a specialist by court does not mean the witness is an infallible authority in the field. Special knowledge or understanding in the field is what the witness should possess. As a matter of fact, actual experience in fire and / or arson investigation is more important than formal education.

Before qualifying as an arson case expert specialist, a fire and arson investigator must go through an intimidating qualification process. S/he will face questioning about her/his educational background, employment history, training, experience, and almost every bit of his background as an investigator. Most investigators who go through this would wish s/he had a higher rank, better education and more experience and for a first-timer, this can truly be a humbling experience.

Compensation Claims For Medical Negligence

Medical professionals, it could be doctors or nurses or lab workers, all are bound by their duty to take care of their patients. Every time they slip up on this and if that results in a person suffering from some injury or some form of harm, it is considered medical negligence, as in a medical professional neglecting his duty and resulting in some problem. For all your compensation claim assistance, you may wish to have to word with the legal experts.

Medical Negligence

A dispute of any nature can be contested and the guilty player has to compensate the party that has been wronged. The same principle applies to medical negligence too. If you have been injured or put in harm's way due to a faulty action on the part of a medical professional, you can get damages awarded to you if it can be proved. If medical negligence has resulted in harm and has traumatized the patient, then compensation can be claimed for that as well.

It is fairly straight forward to argue and reach a conclusion that a medical practitioner is bound by his duty to take care of his patient, proving the contrary is not that simple. The legal counsel acting on behalf of the harmed or injured patient should find some way of proving that the medical professional exhibited actions that can be considered negligent. Finding a good lawyer whether it is medical dispute or property dispute, is the key to claiming fair compensation.

Claiming For Damages

In scenarios where the patient was being treated at a private medical establishment, there are options to claim for damages if the doctor fails to deliver on the promised results. Sometimes the act of negligence is all too obvious, like a surgeon who has left his operating instrument in the patient's body while most of the time the negligence is not too apparent and needs a fair amount of investigation.

A lawyer, once he has proven that an act of medical negligence has occurred must next prove that there is a direct relation between the act of negligence and the harm or injury or mental trauma that the patient is experiencing. As was the case with apparent and not too apparent negligence, it may be extremely simple or very tricky to prove that a particular patient has indeed suffered due to negligence. Once the connection has been established, that is when the suffering patient can seek appropriate compensation for the damages.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases

The topic of this article is an extremely useful method that can be used by a judgment creditor in California to collect an unpaid judgment against a judgment debtor or debtors who use several aliases without being required to file a motion to amend the judgment, and without notice or a hearing. However, it can only be used in certain specified situations which are detailed in the California Code of Civil Procedure. The method is known as an affidavit of identity.

Proper use of an affidavit of identity is critical to effective judgment recovery in California. The author has collected on several California judgments with the use of an affidavit of identity, and has never had an application for an affidavit of identity rejected. Many judgment debtors use several aliases in an attempt to confuse and evade their creditors.

The basic procedure requires that a judgment creditor file an application with the Court located in the county where the judgment was entered. The application must include a declaration detailing all of the facts supporting the application including any exhibits. The application is then reviewed by a Judge or Commissioner who decides whether to grant or deny the application.

Many counties in California including Los Angeles and Orange counties, have a specific local form which is used as the application for an affidavit of identity, and in some cases, the order approving the application as well. A party should visit the website of the Court located in the county where the judgment was entered to determine whether that particular Court has their own local form or forms.

If the judgment creditor can prove to the Court that a judgment debtor(s) are known by additional names which were not listed on the judgment, they can request that the Court issue an abstract of judgment and/or a writ of execution listing the additional names, without notice or a hearing.

This avoids the time and expense of filing a motion to amend the judgment which would require giving advance notice to the judgment debtor, thus alerting them that the judgment creditor is actively seeking to collect on the unpaid judgment.

Note that this procedure CANNOT be used in other ways such as attempting to collect against someone who was not listed on the judgment, nor can it be used to collect against any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.

The relevant code section that authorizes the issuance of an abstract of judgment listing additional names is Code of Civil Procedure Section 674 (c)(1).

The term affidavit of identity is defined in Code of Civil Procedure Section 680.135.

The relevant code section that authorizes the issuance of an abstract of judgment listing additional names is Code of Civil Procedure Section 699.510 (c)(1).

Proper use of the affidavit of identity can make the difference between collecting or not collecting on an unpaid judgment. Judgment recovery professionals in the State of California will certainly agree with the previous statement.

The author sincerely hopes that you have enjoyed this article.

Yours Truly,

Stan Burman

Copyright 2012 Stan Burman. All rights reserved.