Wednesday, February 11, 2015

Your Legal Document Preparer


Legal Document Preparation
A Legal Document Preparer (LDP) may provide factual information on the preparation of your legal documents.  An LDP is not an attorney, and legal advice is not rendered.  If you need legal advice, please contact an attorney.  LDP’s may only provide services to clients who are self-represented (those without an attorney).  An LDP cannot choose which form to fill out for the client; the client must direct the LDP as to their needs.  RapidRPS.com provides legal document preparation as well as service of process.  A notary public is also on staff, as well.  

Are Legal Document Preparer fees recoverable?  Arizona Revised Statutes, §12-341.02 states:  “The court may award to the prevailing party the cost of document preparation if prepared by a legal document preparer who is certified by the supreme court.  The party seeking recovery will file a sworn affidavit of costs with the court.”  When your documents are prepared, if applicable, we will enter our fees for service, any other post-judgment fees incurred, including process server fees (whether you use RapidRPS or another process server), and other costs and fees you notify us which may be recoverable on the cost statement.  We make no legal determinations, therefore if you believe a cost or fee incurred in the prosecution or defense of your case is recoverable, it is entered at your direction.
Getting started using RapidRPS.com as your Legal Document Preparer.  For all matters, we must have your name, address, telephone number and email address.  For post-judgment enforcement matters, we must have a copy of your judgment, fees and other costs incurred, as well.  You can email your documents to service@rapidrps.com, or if you prefer, fax your documents and contact information to (623) 321-5964.  Once our office receives the documents and your contact information, a Retainer Agreement (see below) is produced.  We may need certain other documents and information from you, so your contact information is essential.

What is a Retainer Agreement and why do I need one?  The Retainer Agreement is our contract.  It specifies what each of us should expect the other to do, and like other professional services (i.e.: doctor, lawyer, etc.), the Retainer Agreement serves to outline our responsibility and limitations.  While we don’t need to have the original document on file, we do need a signed emailed or faxed copy.  

Do I need to make payment up front?  Payment for all services must be made in advance.  Legal Document Preparers are prohibited from working on contingency (percentage of recovery).  All fees must be disclosed to our clients.  Once we know your needs, a written invoice is rendered.  We accept checks if you send your documents to us by return U.S. Mail or Fedex.  We also take credit or debit card payments through our website.

What about the attorney-client privilege?  A Legal Document Preparer is not an attorney, and cannot render legal advice.  Anything disclosed to your LDP may be discoverable in a court or administrative hearing.  The attorney-client privilege does not apply to your Legal Document Preparer.

Can you prepare all legal documents?  Legal Document Preparers may prepare legal documents per their client needs and direction; however, are responsible for seeing that the job is done properly.  At RapidRPS.com, we strive to give our clients superior service, and do not take on assignments outside of that which we can promise to deliver.  For that reason, legal document preparation matters are limited to the following:

Judgment enforcement:  We may prepare Garnishments, Order(s) to Appear for Examination, Subpoenas, Real Property Liens, Transfer (Transcript) Judgments, Renewals, Satisfactions, and Foreign Judgment Domestication.  

Evictions, civil and small claims:  We may prepare eviction and certain other civil documents (i.e.: summons and complaints), and motions (i.e.: Alternate Means of Service).  Small claims documents are also prepared.  We may assist with the completion of protective order applications, and may provide information about and referral to the Arizona Address Confidentiality Program. 

Subpoenas:  Foreign Deposition Subpoenas are prepared, as well as subpoenas originally issued through our local courts.  

We will be happy to assist you in any way we can, whether your need is for a Legal Document Preparer, Certified Process Server, or both.  Call our office at (877) 472-7431 or (602) 254-7274.

Monday, February 9, 2015

Using RapidRPS.com as your Legal Document Preparer



Getting started using RapidRPS.com as your Legal Document Preparer.  For all matters, we must have your name, address, telephone number and email address.  For post-judgment enforcement matters, we must have a copy of your judgment, fees and other costs incurred, as well.  You can email your documents to service@rapidrps.com, or if you prefer, fax your documents and contact information to (623) 321-5964.  Once our office receives the documents and your contact information, a Retainer Agreement (see below) is produced.  We may need certain other documents and information from you, so your contact information is essential.

What is a Retainer Agreement and why do I need one?  The Retainer Agreement is our contract.  It specifies what each of us should expect the other to do, and like other professional services (i.e.: doctor, lawyer, etc.), the Retainer Agreement serves to outline our responsibility and limitations.  While we don’t need to have the original document on file, we do need a signed emailed or faxed copy. 

Do I need to make payment up front?  Payment for all services must be made in advance.  Legal Document Preparers are prohibited from working on contingency (percentage of recovery).  All fees must be disclosed to our clients.  Once we know your needs, a written invoice is rendered.  We accept checks if you send your documents to us by return U.S. Mail or Fedex.  We also take credit or debit card payments through our website.

What about the attorney-client privilege?  A Legal Document Preparer is not an attorney, and cannot render legal advice.  Anything disclosed to your LDP may be discoverable in a court or administrative hearing.  The attorney-client privilege does not apply to your Legal Document Preparer.

Can you prepare all legal documents?  Legal Document Preparers may prepare legal documents per their client needs and direction; however, are responsible for seeing that the job is done properly.  At RapidRPS.com, we strive to give our clients superior service, and do not take on assignments outside of that which we can promise to deliver.  For that reason, legal document preparation matters are limited to the following:

Judgment enforcement:  We may prepare Garnishments, Order(s) to Appear for Examination, Subpoenas, Real Property Liens, Transfer (Transcript) Judgments, Renewals, Satisfactions, and Foreign Judgment Domestication. 

Evictions, civil and small claims:  We may prepare eviction and certain other civil documents (i.e.: summons and complaints), and motions (i.e.: Alternate Means of Service).  Small claims documents are also prepared.  We may assist with the completion of protective order applications, and may provide information about and referral to the Arizona Address Confidentiality Program. 

Subpoenas:  Foreign Deposition Subpoenas are prepared, as well as subpoenas originally issued through our local courts. 

We will be happy to assist you in any way we can, whether your need is for a Legal Document Preparer, Certified Process Server, or both.  Call our office at (877) 472-7431 or (602) 254-7274.

Arizona's Most Commonly Used Rules for Service of Process (Updated 2015)



Arizona's Most Commonly Used Rules for Service of Process (Updated 2015)
In Arizona, service of process is covered under several rules and statutes.  Most of the time, Process Servers are tasked with serving civil process.  The Supreme Court has devised a set of rules which Process Servers, Sheriffs and Constables must abide by in serving legal process.  Additionally, the legislature has passed certain statutes affecting service of legal process, as well (discussed separately).  The most common rules governing service of process are posted here:

(d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.

(e) Service of Summons Upon Minors. Service upon a minor under the age of sixteen years shall be effected by service in the manner set forth in paragraph (d) of this Rule 4.1 upon the minor and upon the minor's father, mother or guardian, within this state, or if none is found therein, then upon any person having the care and control of such minor, or with whom the minor resides.

(i) Service of Summons Upon Corporations, Partnerships or Other Unincorporated Associations. Service upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit in a common name, and from which a waiver has not been obtained and filed, shall be effected by delivering a copy of the summons and of the pleading to a partner, an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the party on whose behalf the agent accepted or received service.

(j) Service of Summons Upon a Domestic Corporation If Authorized Officer or Agent Not Found Within the State. When a domestic corporation does not have an officer or agent in this state upon whom legal service of process can be made, service upon such domestic corporation shall be effected by depositing two copies of the summons and of the pleading being served in the office of the Corporation Commission, which shall be deemed personal service on such corporation. The return of the sheriff of the county in which the action or proceeding is brought that after diligent search or inquiry the sheriff has been unable to find any officer or agent of such corporation upon whom process may be served, shall be prima facie evidence that the corporation does not have such an officer or agent in this state. The Corporation Commission shall file one of the copies in its office and immediately mail the other copy, postage prepaid, to the office of the corporation, or to the president, secretary or any director or officer of such corporation as appears or is ascertained by the Corporation Commission from the articles of incorporation or other papers on file in its office, or otherwise.

(k) Alternative or Substituted Service. If service by one of the means set forth in the preceding paragraphs of this Rule 4.1 proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternate or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules 4.1(l), 4.1(m), 4.2(f) and 4.2(g) of these Rules.