Today’s Question Of The Day What IS A Due Diligence

Today’s question of the day is on due diligence.
Hi Skay (SK) , I see your QOTD and blog all over the internet and finally wanted to ask my own question of the day so here it goes. My father use another small claims service when I wanted to go with you. Huge mistake!!!! They screwed our small claims up so badly we are going to have to re-file. They are not BBB approved with an A+ rating or BBB approved to begin with and you are and I see why now. So my question of the day on small claims court is what is a due diligence? Can you break it down for me? They claim they could not serve it yet would not say how many attempts they made when I ask for a list they would not provide one. This company is a hot mess, don’t know how they stay in business. BTW I am so happy for you, I read about the federal lawsuit and glad you won and got your name and trademark rights back ! Thank you Adam S. Tell everyone in the office hello and you all rock!!!!!!

Hello Adam, Thank you for your #QOTD on #SmallClaims #court. This is such an awesome questions I am so happy you ask me.
When a summons such as a small claims is served on an individual who is called the defendant(s), the law requires a “due diligent effort” at personal service before “substituted service” may be made. (See Code of Civil Procedure Sec. 415.20 (a)) Each California Superior Court has different due diligence requirements. Some requirements are written in local rules that are subject to change without notice. Most county superior courts’ due diligence rules and/or policies are unwritten, and vary with each clerk that working as one will do one thing and another does another , it’s very frustrating on attorney service’s and we are at the court daily . For someone that’s never done a small claims case it’s overwhelming ! This is why it is so important to know what you are dealing with and how the small claims court does things in each city and in each court house . Each court has different rules and we are in each court house weekly so we know the process each court does and follows. For example Fontana Superior court is different from LA county courts and Riverside county superior court is different then Sacramento superior court . They should have one set of small claims rules because it very upsetting to me how each court makes there own rules.
All my process servers are licenses and bonded with the state of California and it important to have a process server know what he is doing not just any person to save a few bucks. Remember you only get your court fees back if the process server is licensed and bonded an officer of the court. Process server’s needs to know before a substituted service is effected they need to know that they must attempt personal service before substituted service can be even made. We always make the attempts to personal serve someone, but bear that no one likes to be sued. Defendants hide and personal service is not always possible so after 3-4 attempts we will substituted service (AKA sub serve)
This is want to do diligence needs to consist of:
• 3 or 4 separate attempts on different days
• 3 attempts on any day as long as they are spanned by 6 hours
• 3 attempts on different days during a specified span of hours
• Some require a weekend attempt

The due diligence rules vary widely between counties, and occasionally, within a county between small claims courts vary. Some vary between the Limited and Unlimited Jurisdiction cases depending what type od case it is such as; small claims, civil complaints for money, summons and complaints, or family law. Each presiding judge has the prerogative to dictate a change that and this is annoying. Which is upsetting to us often. In some courts and counties, a new presiding judge is rotated in every year, after a vote of all judges as a function of the court’s administrative process. Some county courts have only one judge that been there for years. Pro Tem judges step in often for judges.
I hope this covers in detail what a due diligence is and remember a company approved by the BBB is huge you can not just pay if you want to be better business approved . The BBB has to come to you ! You can not go to them . The scoring system falls under high standards of commitment and excellent strides in making your customers happy! You have to go above and beyond to have an A+ rating with the Better Business Bureau! This is a very hard standing to keep . In California 4,500 a day file a small claims lawsuit so in this business that is very high standards that we keep here at EZ Small Claims! I hope when your ready to re-file or need service done please call me directly at my office and I’ll be glad to personally chat with you one on one ! If they did screw up on service of process ( Process serving, serving the defendant) they need to re serve it and do it right ! The court needs a proof of service that is done correctly. Here at EZ Small Claims we always handle the proof of service with any service of process
( serving legal documents ) if we help you from the start our services handle everything except show up in court for you ! This is the only part you need to do on your own . So from start to finish my company is here for you ! We keep those family valves in place that corporations do not have ! About the federal lawsuit we are finally glad that the federal district lawsuit is over with the bait and switch and fraudulent company that took our name ! They are shut down and can not take consumers money anymore I am so thankful to our awesome attorney. Our story will be coming up on Fox News, when it is we will have a link to it on our website under the tab press release ! So make sure to check it out if you follow my blog feed !

I hope this answers your #QOTD on #SmallClaims #Court. Look forward to you contacting us and helping you out fees are listed on our website under services and what we do for our clients.
Take Care and good luck with your father and your case !
Best Regards ,
SK Strong

Top Small Claims Specialist In California
909-986-0883 Office
909-391-2056 Fax
Email: skquestionoftheday@gmail.com
BBB approved with An A+ rating see why today !

Today Question Of The Day Is It Important To Have A Written Contract .

Hello SK, I was wondering why it is important to have a contract or not? Is a verbal agreement okay? I was unable to get the money my wife paid for services. We believed we are entitled to get our money back. Unfortunately, she did not have a copy of the contract. If we were sued is a verbal agreement good enough. Thank you for your help. Your #QOTW are so awesome and wish you do them more often LOL. You’re just a wonderful advocate and the info and how you explain it make more since to me then the court websites. I was referred to you and was checking out your #SKQOTW and thought I would ask beforehand. Thanks SK you’re the best!

Hi Bobby, It’s important anytime to always have a written contract then a verbal. A written contact always holds up in court over a verbal contract.
Making a contract that is a written agreement vs. a verbal agreement is a huge difference and if it comes times to having to go to #SmallClaimsCourt it about what is in writing sometimes because it’s your word over someone else’s and you never know what the judge is thinking so get it in writing always. Contracts are important anytime to always read what you sign too. Anytime you are going too pay for a service or product, Always get a copy of any contract you sign. ALWAYS read the contract before you sign it!
If you are unsure ask what you are signing and have them explain it to you where you understand what your signing no questions is too stupid to ask. Without reading what you’re signing or getting a copy you fail to protect your financial interest, making life more difficult and expensive.
If you can afford to have one done by someone do your best on it. It doesn’t matter whether the contract is a formal one written in legal terms, handwritten on a piece of paper, or made verbally, in which case the oral contract should always be put into writing to protect everyone involved. If you sign it read it if you make a verbal agreement with someone or a business in which you pay money, and in return, the other person or business performs a service or gives you product, make sure you get a copy of the contract and any warranty plan to protect yourself create a folder and save it. If you need help writing a contract you can call my office and we can always help you.

I hope I answer your question for the week and if you need assistance please call my office at (909) 986-0883

Kindest Regards,

SK Strong
Top Small Claims Specialist
www.ezsmallclaims.net

#SmallClaims #SmallClaim #ServiceOfProcess #ProcessServing #CourtRunning #JudgmentRecovery #BBBApprovedApludRating #31YearsOfBusiness

Today’s Question Of The Week Is Do your Small Claims Yourself Or Hire US?

Today #QuestionOfTheWeekOnSmallClaimsCourt on #SKQOTW comes from Susie Woodland . Skay can you please tell me the difference as to why I should hire you or another company to handle my #SmallClaimsPaperwork or do it myself? If you can list the PROS and CONS of both that be great thank you. Love your questions of the week on small claims they are great keep up the great work and so thankful wish you had them more often. I finally got up enough nerve to email you to ask my own lol.
Thanks Susie Woodland

Hi Susie, This is a very good question and I am glad you asked this as this is a question we are asked over the phone daily. I would be more then happy to answer.
Doing your small claims yourself can be hard, I am not going to lie. It’s important to fill out your documents correctly. If you don’t know what you’re doing it can turn into a mess and cost more money in the long run. Why can’t I just do it myself most people think? The small claims laws and small claim processes, the court procedures, what forms are needed, and how to complete the forms correctly are all huge parts of why it is helpful to have professionals handle your paperwork. If you have a (LDL) Legal Document Assistance professionally prepare your small claims documents we know what we are doing as this is our job, we handle small claims lawsuits on a daily basis. We know the ins and out of the court system and with each court in California not being the same its important to have your small claims done correctly and filed in the correct venue. I will list the Pros and Cons of doing it yourself as well of the Pros and Cons of hiring us EZ Small Claims or doing your small claims . I can’t make the same guarantees for other companies as I do not work for them. EZ Small Claims is a division of Yale Attorney Service that my father started in 1984. We are a family owned and operated business. Everyone here is family that works for our company we like to keep those family values and knowing our clients by name not a order number. The choice is really up to you and if you have the time to handle how much time go into the paperwork, going to the court, finding a server, and trying to prepare your case on your own is hard. Below is the list I am going to give you of the Pro’s and Cons to both.

Doing your small claims yourself:

THE PROS

•You can save money by doing the documents yourself if you know how to do them and not have to pay someone to type and file them and stand in line. you can save some money on cost.

•You don’t have to pay someone to stand in line and can do it yourself. You pay the parking yourself and don’t have to worry as you know you’re handling it and saving money.

• You don’t have to call or message our office and you know you did it .

Cons of doing it yourself:

• You have to find parking and some courts charge for parking.

• You have to go through the metal detector find your department then wait in a long line even before getting to the line where the clerk is.

• You have to stand in a very long line that doesn’t move and the wait time can be 2-6 hours or more depending how busy the courthouse is that day.

•If you make a mistake you have to go to the end of the line and start over again without help.

•The clerk cannot help you with filling out your small claims documents if you make a mistake you’re on your own.

• The clerk cannot give legal advice on how to fill out your small claims correctly which can leave you upset angry and in tears and want to give up and say screw it and walk out, we have seen it often and happens more then you think.

•You can spend your entire day at the courthouse on your own time.

•If you fill out your documents wrong or list the defendant’s wrong you case can get rejected and or dismissed before or the day of court and you would have to start all over, meaning you have to pay the filing fees and looking for a process server to reserve your claim and waste more of your own time and money on the lawsuit you are working so hard to get the money back from. If you work this is very hard.

•You have no one to guide or assist you with doing the documents and each court has different rules and regulations that must be followed and if you don’t you could jeopardize your case.

•You have to find someone or a process server and pay them to serve your papers and type and file your proof of service(s)

• All documents have a time frame and must be done and log in with the court by certain days or your case will be dismissed.

Hiring EZ Small Claims to assist you with your small claims
PROS
• We professionally prepare all of the documents for your small claims court case by typing them all for you taking the stress and burden off you .

• We conduct name searches with the county records office and in our database to make sure the defendants are listed correctly on your small claims.

• We file your claim with the appropriate California court this is very important and many people who file on their own file in the wrong court.

• We will professionally serve the defendant (the person or entity that you are suing) with all necessary court documents.

•Our process servers are license and bonded by the state.

• We type and file proof(s) of service with the court after the defendant(s) have been successfully served for you.

•We are here for questions and concerns during your entire claims process if needed.

•When requested we will send you a small claims pointers packet to help you to know what to expect when going to court.

•We are here for ongoing customer care and support before your court date during the whole process to answer and address your needs. .

•We handle all the hard work for you, by typing, filing, serving, and filing the proof of service all for you. We take the stress and worry off you by handling it for you. This means you have more time in the day to do what is most important to you and let someone else handle and worry about the important dates.

• We will remind you of your court date and time and send you all your documents again in case you lose them.

• You have the assurance that your case is being handled professionally.

• At EZ Small Claims We help you from start to finish and are here every step of the way for you. From the start to finish we are here for you.

CONS
Hiring EZ Small Claims to assist you with your small claims.

•Now you do have to pay a document preparation fee of $100.00 for us to type and file your small claim, but I don’t see this as a con, we do so much more that goes along with the document preparation fee and you really get more bang for your buck as we go the extra mile for our clients.
We know our clients by name and not a order number. You filing fee and process serving fee is refundable added on top of the judgment so you are only actually paying $100.00 to EZ Small Claims.

Many companies are out there can assist your with your small claims lawsuit, but I like to say at EZ Small Claims we go above and beyond for our clients and give you the time to answers your questions, concerns, and help you prepare for court at no added cost.
If your case is a local Southern California case we are fast and the turnaround time is fast compare to other companies out there that it can take weeks to over a month or two to get a copy of your filed small claims back in less you pay rush fee’s. Even with Northern California we still have your documents back faster than any other leading company out there.

It is your choice what you like to do as far as filing your small claims yourself or hire a company to assist you. At EZ Small Claims we are rated A+ with the BBB and have a 5 star rating on Facebook and Google.

If you like us to assist you with you small claims please visit our website at www.ezsmallclaims.net or call our office at (909) 986-0883

If you have a #QuestionOfTheDayOnSmallClaimsCourt please message me or email me at SKQUESTIONOFTHEDAY@GMAIL.COM
Any question on #SmallClaims Court I’ll be happy to answer your questions in my #SKQOTD.

Kindest Regards,
SK Strong
Small Claims Specialist
EZ Small Claims
www.ezsmallclaims.net

#SmallClaim #SmallClaims


Question Of The Day on Small Claims Suing Someone That Don’t Live In CA ? Now what ?

Alright Fans, I have a new #SKQOTD on #SmallClaimsCourt for you #QuestionOfTheDaySmallClaimsCourt
I have a new question of the day for #SmallClaimsCourt .
Dear SKAY , I am confused can you sue someone in California if they live in another state ? For example . I was scammed in one of those pyramids scheme! I thought I could learn the secrets of his trade and be a Millionaire! I know as I write this that sounds stupid but he really sold me on this . I paid him $4,599 dollars but he’s not in California he lives in Texas and I live in Moreno Valley CA! Can I sue him here or not ? Thank you so much I can’t tell you how much we love your small claims question of the day ! You are truly awesome , can you use this as your next one ? I also send it to your page at EZ Small Claims FB too ! Thank you
Jackie Anderson
Hello Jackie , Thank you for your #QuestionOfTheDayOnSmallClaimsCourt this is a great question for my #QuestionOfTheDayOnSmallClaimsCourt. I always love new questions I have not answered and this is one of them.
I am assuming you were contacted by email and made the transaction through email or first class mail ? In California if the defendant lives in another state and is not doing business in California like a DBA you will have to sue them in their home court ! I know it is a huge burden to travel but if you tried to file here it will be a true waste of money and time ! I will include a link from Nolo. com. I love this site and it may answer your questions in better details ! If you still have a question please inbox me
This link will explain about suing a defendant out of state. Please let me know if you have any more questions. I would be happy to explain your rights

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAAahUKEwjSg8Gg377IAhXGoogKHc1_BaA&url=http%3A%2F%2Fwww.nolo.com%2Flegal-encyclopedia%2Ffree-books%2Fsmall-claims-book%2Fchapter9-2.html&usg=AFQjCNH19RqYyeXeHmvHDQbSykp5H_n2qQ&sig2=mYBUg_T1gBarV4GxUXn3gA&bvm=bv.104819420,d.cGU

If you have a #QOTD on #SmallClaimsCourt please message me and I will post it as my next #QuestionOfTheDaySmallClaimsCourt. I am one of the top small claims specialist and work for #EZSmallClaims
+EZ Small Claims
#QOTD #SKQOTD #SKQOTDSCC . Ask any questions on Small Claims court and I would be happy to answer them.

If you need to file a #SmallClaims please visit our website or call our office and our team will help you through the process.
www.ezsmallclaims.net (909) 986-0883

Demand Letters ( SK Tips On Demand Letters)

#EZSmallClaims #DemandLetters

Many of you ask for my tips on how to write a demand letter , so here they are by request.

How Do You Ask For Payment Before Taking Someone To Small Claims Court !

Small claims cases require that you ask the other side for payment before you go to court (unless there is a good reason why you cannot). You can ask in person, by phone, or in writing. You will have to tell the court you did this and how on your court forms.
If you decide to ask for payment in writing, you can write a demand letter. A demand letter is a short, clear letter demanding payment. Bring a copy of it to your court hearing to show the judge. You can also attach it to your court papers.

Often, a demand letter will be all you need to resolve your dispute. Even if the person or business that owes you money knows about the problem, a firm and strong request in a letter that lays out the reasons why they owe you money and says that if your issue is not satisfied you plan to go to small claims court can have a big effect. They realize you are serious about the case and intend to spend time and energy pursuing it. Sometimes when you have a problem with a business, a demand letter can bring the problem to the attention of the owner who may not have known about your dispute because the manager never told him or her. This happen more often then you would think !

HELP WRITING A DEMAND LETTER
There are different types of demand letters and at EZ Small Claims we can assist with a demand letter but I will share some important facts about writing one yourself ! You can send a demand letter to a person or business to ask for your money ! Make your demand clear and state why they owe you the money and if they don’t resolve this you will file a small claims lawsuit against them !

Demand letter to Your Landlord Asking for the Return of Your Security Deposit

A landlord has 3 weeks after you move out to return your security deposit or send you a itemized invoice for any amount held for damages ! If you landlord fails to give you back your deposit within the time frame I suggest you write a demand letter. After you have ask for the money and if they still refuse your only choice is small claims court .

Type your letter. If you don’t have a computer or typewriter, try to get access to one a family or friend. Do not hand write your demand letter ! Their are public libraries have computers that you can use for free or low cost ! If you don’t have access we can assist you with this .

Review the main facts of the dispute. At first it may seem a bit odd to outline these details; after all, your opponent knows the story. But remember–if you end up in court, the letter will be read by a judge, and you want the judge to understand what happened. Now is a good chance to make a record not only of the initial dispute, but of any subsequent phone conversations, unanswered calls, or inappropriate conduct by the defendant in this letter .

Be polite. Avoid personally attacking your adversary (even one who deserves it). The more you attack, the more you invite the other side to respond in a similarly angry vein. Get your point across without attacking them .

Write the letter with the direct goal in mind
. The letter should encourage your opponent to make a business like decision of the dispute and raise such questions as:

-What are my risks of losing?
-How much time will a defense take?
-Do I want the dispute to be decided in public?
-Ask for exactly what you want. For example, if you want $500.00 ask for it (or possibly a little more to allow some negotiating room). Explain how you arrived at this figure. And be sure to set a deadline. One week is usually best; anything longer and your opponent has less motivation to deal with you right away. Supply the actual date, to remove any doubt.

End your letter by stating you will promptly pursue your legal remedies if your demand is not met. Remind the defendant that a court judgment could adversely affect his or her credit rating.

Make sure you make and keep copies of everything you send . Make a copy of each letter before you send it, and keep a copy of the post office receipts (use certified mail, return receipt requested). Keep all correspondence from your adversary, also.

Please use certified mailing. Send the demand letter via certified mail with a return receipt requested back to you. If you do end up in small claims court, you can use the return receipt to counter any claim that your opponent didn’t receive the demand letter.

I hope this help you and don’t end up in small claims court but if you do my office is here to help !

We can assist you with a letter of demand at affordable rate, more so than an attorney.

I hope these tips are helpful with writing your letter of demand, when it comes time to sue. Call my office we will type your small claims, file your small claims at the court, serve your small claims, and type and file the proof of service all for you. We are also here for you during your entire claims process, you will not get this anywhere else in California. Our customer service is rating #1 in California and A+ with the BBB.

SK Strong
Top Small Claims Specialist
EZ Small Claims
909-986-0883 Office
909-391-2056 Fax