SERVICES WE PROVIDE . . . Continued F.A.Q.s
Our FAMILY LAW DIVISION FOR DOMESTIC VIOLENCE TRO's provides
you with family law handouts from noted certified family law attorneys.
" How can the law help me if I'm battered? If you are in immediate danger, call
911. If you have children, they, too, could be at risk. When the police
arrive, explain what happened. The officers can contact an on-call judicial
officer and issue you an Emergency Protective Order (also called an EPO)
on the spot. This legally prohibits the batterer from coming within a
certain distance of you. It also may grant you temporary custody of your
children.
To obtain an EPO, there must be an “immediate and present danger” that
you and/or your child will suffer domestic violence, or that your child
will be abducted by the other parent. The EPO will remain in effect for five
court days or seven calendar days, whichever is shorter.
To obtain a longer-term restraining order, you must file an application for
a Temporary Restraining Order (TRO) at your local family law court. If
your application for a TRO is granted, it will take effect as soon as your
abuser is served (which means personally delivered) a copy of your court
papers. You can request that a local law enforcement agency serve your
court papers on your abuser free of charge. You or anyone protected by
the TRO cannot serve the court papers on your abuser. Any other adult,
however, may serve the court papers for you.
After you file your TRO application, the court will give you a date to
return for a court hearing about three weeks later. Your TRO will be
effective until this hearing. At the hearing, you may request that the TRO
be made “permanent,” which means that it may be good for up to five
years even though the judge may make the order shorter.
You must establish to the Judge that you are still afraid of the batterer. If
you and the batterer meet for coffee, then the Court won't believe you're
afraid. Otherwise, the order may be renewed. Such restraining orders
usually require the batterer to stay at least 100 yards—the length of a
football field—away from you and have no contact with you, either in
person or through others, by letter, e-mail, telephone or otherwise.
What happens if I don’t show up for my court hearing? If you don’t show up for
the court hearing scheduled within three weeks of filing, your TRO will
simply expire. The papers served (personally delivered) to the restrained
person warn that if he or she fails to show up for the court hearing, the
judge may grant the requested orders for up to five years without further
notice. To take effect, the “permanent” restraining order would have to be
served on the abuser.
Can a restraining order protect my children? Yes. You may request that all
children in the house be protected by the orders. If the abuser has harmed
or threatened the children, including threats to abduct them, your request
will probably be granted. The judge can order the restrained person to
stay away from the school of the children, the family home and any other
location where they may be in jeopardy.
If you and the abuser are the children’s parents, the judge may give you a
TRO with temporary custody of the children and specific or no visitation
to the other parent. If you are seeking custody of your children, you will
have to attend court-ordered mediation before your court hearing for a
permanent restraining order. You may request a mediation session apart
from the restrained person. And a support person may accompany you to
the mediation session, though she or he cannot participate.
Can the order require the restrained person to pay child support? Yes. The court
may issue an order for child and/or spousal support at the court hearing
for a permanent restraining order if you have requested it in your
application and have prepared an income and expense statement.
You may be able to get a child support order if you have any children with
the abuser and can prove your abuser’s relationship to the children. (You
may be able to establish this relationship if you are married to the abuser,
the abuser admits being the parent, or the abuser was previously
established as your children’s parent.)"
Our REAL PROPERTY DIVISION provides you with information handouts
from noted real estate attorneys about preparing and notarizing the
transfer of real property. We also research owners of real property in the
United States. If you don't know who the owner of a piece of property is,
then we'll research it for you. We have state-of-the-art research engines.
If you're buying a FSBO (For Sale By Owner) property, call us so that we
can research who the "owners of record are". The person who is selling
the property may not be the actual owner of record. Matter of fact, the
true owner of record may not even know that their property is being sold.
We've done a lot of "Financial Elder Abuse" cases where this practice is all
too common. There's a lot of real estate fraud occurring, and we've found
it's particularly prevalent in the "wide-open-places" where individuals
aren't as likely to do a lot of investigation, especially in the Country.
Our BANKRUPTCY DIVISION provides you with US Bankruptcy Court
Handouts to assist in handling the complete preparation of a Chapter 7 or
referral for Chapter 13 Bankruptcy under the New IRS Means Test and we
have Quick Consumer Credit Counseling staff to certify that you have
received this education Before you can file your petition with the court.
Since the New October 2005 Regulations became Federal law, TEHACHAPI
COURT SERVICES is currently the only Bankruptcy Petition Preparers in
Tehachapi. Frankly, the new regulations have now required so much
more additional paperwork, that in a small town, Lawyers could not
charge enough to do them. That's where we're able to provide the cost-
affordable service.
Bankruptcy is a Federal system of statutes and courts which permit
persons and businesses which are insolvent (debtors), to place his or her
financial affairs under the control of the bankruptcy court. The need
occurs when the debtor's debts exceed his or her assets or the ability to
pay, and this is when the debtor can file a petition with the court.
The most common petition is Chapter 7, in which a trustee is appointed by
the court, the current assets are counted up by the trustee (with many of
them exempt from bankruptcy). The Trustee then pays the debts to the
extent possible with priority for taxes or other government-related debts.
Then "secured" debts are paid (mortgages or some judgments) in order to
keep the security; and "unsecured" debts are usually wiped out. The
court then determines that a debtor is bankrupt and discharges the
unpayable debts.
Exempt from sale to pay debts are: a portion of the value of a home (equal
to a homestead), secured notes that can be kept current, a car, tools of the
trade, furniture and some other items. The idea is to give someone a
"fresh start". Debts that are Not dischargeable in bankruptcy are:
alimony and child support, taxes, fraudulent transactions, intentional acts
resulting in death or serious bodily injury such as "drunk driving".
Chapter 13 is for individuals to work out payment schedules, which is
more likely to be worthwhile. Filing a Chapter 13 will allow you to
remove a home for foreclosure action. When the creditor is served or
notified of the bankruptcy filing, all collection activity must stop, which
includes wage garnishments, foreclosure sales and tenant evictions. (We
literally stopped a foreclosure sale -- twenty (20) Minutes before the sale
was to take place on the courthouse steps!)
You will have to pay back all of your secured debt including the
arrearages on the mortgage, if any. The arrearages is thrown into the
Plan of Reorganization which you can payback over a 3 year or 5 year
period. If you have not filed a Homestead Declaration with the County
Recorder, we will file it for you Before filing the Chapter 13.
Our BUSINESS DIVISION provides you with information handouts from
noted business law attorneys at LegalZoom.com regarding preparation of
Articles of Incorporation, Ordering of the Corporate Minute Book,
Corporate Record Forms and Seal. LLPs, LLCs and Partnership and
Limited Liability Partnerships. We also prepare Tax-Exempt 501c3 Non-
Profit Corporations.
What is a Nonprofit Corporation? State laws distinguish between General,
For-Profit (stock) corporations and nonprofit (nonstock) corporations. In
a For-Profit corporation, shareholders are authorized to receive stock in
exchange for capital investments in the corporation. This capital
investment often takes the form of money, equipment, or some other
property. Shareholders in a For-Profit corporation only receive a return on
their investment when dividends are declared and paid.
A Nonprofit corporation, however, cannot issue shares and cannot pay
dividends. In addition, under the Internal Revenue Code (IRC), a Section
501(c)(3), tax-exempt corporation cannot pay dividends and, upon
dissolution, must distribute remaining assets to another nonprofit group.
What Are Advantages of Nonprofits? Tax Exemptions. Under Internal
Revenue Code Section 501(c)(3), a non-profit corporation is eligible for
federal and State tax exemptions. With income tax rates as high as 34% on
corporate income over $75,000, tax exemption status can be invaluable.
Receiving Public Funds. Many organizations are required by law to
donate a certain percentage of their funds to non-profit organizations or
risk endangering their own tax-exempt status. In addition, many
exemptions exist for property transferred at death to a non-profit
organization. Also, there are public foundations, philanthropic
organizations and corporate grant-makers that provide funding for tax-
exempt organizations. But, virtually any donor or sponsor thinking of
funding your operation will insist on your organization having already
obtained a 501(c)(3) number before they will consider donating.
What Are Disadvantages? Paperwork ! So let US keep up with the paper.
We Are An Approved Affiliate. Your Business Alternative --
- SEE OUR PRICE LIST BELOW. If Installment Payments
Are What You Need, Then Installment Payments Are What
You'll Get.
- We Never Charge To Send You Information. If You Need
Information On A Subject That's Not Covered In Our Website Or
Newsletter, Call Us Or Email Us And Tell Us What You Want,
And We'll Send You All The Information On The Subject.
Remember, We Want You Legally-Savvy And Empowered.
That's How Paralegals Help The Community Best!
- The Courts Welcome Pro Per Litigants With Open Arms When
They Are Legally-Savvy And File The Correct Paperwork With
The Court. We've Filed The Correct Paperwork With The
Courts For 40 Years. We Now Have To Get You Legally-Savvy
If You Require An Appearance Before The Court.
Se Habla Espanol.
OUR PRICE LIST: Our Fees Are 1/3 The Cost Of What Lawyers Charge For The
Identical Document Preparation. All Fees Include Paralegal's Consultation With An
Attorney, When The Customer Has A Question An Attorney Must Answer.
LEGAL SECRETARIAL SERVICES:
General Word Processing,
Data Entry, Internet Research………….....................….………….. $32.00 Per Hour
($ 8.00 Per 15
Min. Increments)
Urgent Rush Jobs …..……………………………………………………..… Add $25.00
Transfer Deeds, Including Notary Fee……………………………….... $ 50.00 Flat Fee
Durable Power of Attorney re Health
Care Decisions/Notary Fee…………….....................................…… $ 75.00 Flat Fee
Durable Power of Attorney re Financial
Decisions/Notary Fee………………...........................................….. $ 75.00 Flat Fee
Subpoena of Witness……………………………………………………….. $ 50.00 Flat Fee
Subpoena Duces Tecum (Records) ……...............…………………….. $ 60.00 Flat Fee
Subpoena Duces Tecum, Notice To Consumer
and Mailing Notice And Compliance
Declaration …………………………………………………..…….............… $ 75.00 Flat Fee
PARALEGAL SERVICES: Our Work Is Attorney-Reviewed. As A
Telecommuting Service, We Do It Right The First Time.
$ 165.00 per hour (Attorney Consultation Included.)
Urgent Rush Jobs …..………………………………………………………… Add $25.00
PARALEGAL SERVICES (Continued):
Formation of For-Profit Corporation, including
Articles of Incorporation, By-Laws, Corporate
Minute Book (Leather Bound in Burgundy or
Black), all Corporate Documents, corporate……………………….... $750.00 Flat Fee
Formation of Tax-Exempt 501c3 Non-Profit
Corporation including Articles of Incorpora-
tion, By-Laws, Corporate Minute Book with
An Attorney Consultation........................................................... $1,250.00 Flat Fee
Formations of LLC’s (including bylaws and
minutes)……………………………..................................................... $750.00 Flat Fee
Partnership Agreement and Articles of
Partnership ………………………………….......................................... $500.00 Flat Fee
The following services are also available on an hourly basis. The estimated minimum
time for each service is listed below:
Research of Real Estate Land Disputes…..…………..……………….. 5 Hours
Domestic Violence Restraining Orders………………………………… 2 Hours
Challenging Domestic Violence
Restraining Orders …………......................................................... 3 Hours
Complete Divorce Package, Legal Separation
Package or Nullity Package – Assignment Cover
Sheet, With Emergency Hearing (for Immediate
Child Support, Spousal Support, Exclusive
Residence Possession, Attorney Fees Request (if
the spouse needs money from the other spouse
for attorney's fees), Restraining Orders, Including
Ex Parte Orders and Supporting Declaration),
Summons, Petition, Disclosure Declarations,
Income & Expense Declaration., Property
Declarations, including Conference with Client
for any additional information needed .………………...................... 10 Hours
Complete Divorce Package, Legal Separation
Package or Nullity Package Without The
Emergency Hearing ……..……………………….................……………….. 8 Hours
Marital Settlement Agreement & Final Judgment………………..…. 4 Hours
Marital Notice to Plan Administrator of Non-
Employee Spouse’s Community Property Interest
in Pension Plan, preparation Of Joinder Documents
to join spouse’s Employee-Pension Plan to
divorce action………………………………………………………………………. 4 Hours
Marital OSC re Order to Sell Real Property and
that Court Retain jurisdiction until real
property sells and proceeds distributed…………………........………… 4 Hours
Marital OSC re Modification re Support Increase,
Decrease or Termination of Support,
Memorandum of Point and Authorities and
Supporting Declarations………………………………….…………............. 5 Hours
Marital OSC re Contempt or Motion re Family
Code Section 271 Violation (when corrective
behavior will be obtained without the threat
of jail time)…………..............................…………………………………….. 5 Hours
Marital Motion for Attorney’s Fees including
Borson provision, including Memorandum of Points
and Authorities and Supporting Declaration(s)
when Party is without funds to pay attorney fees
in divorce action…………………………..………………………………………. 5 Hours
OSC as Moving Party for “Move-Away Orders
Regarding Minor Children, Memorandum of
Points and Authorities and Supporting
Declarations………………………………………….................................... 5 Hours
OSC for Appointment of Vocational Counselor
(on question of duration of Spousal Support)…………………………… 3 Hours
Marvin Complaint (for Unmarried Couples
when real property and assets are involved),
including preparation and recordation of Lis
Pendens (to prevent title from passing when
title is in question)………..……….……………….............................…… 5 Hours
Settlement Agreement re Marvin Action and
Court Retention of Jurisdiction and
Enforcement Provisions…………………….......................................… 5 Hours
Complete Living Trust Package with Software
Program (including Client Information Letter
and Directives re Living Trust, Abstract of Trust,
Single’s Trust Or Couple’s Trust (A-B Trust),
Advanced Health Care Directive, Durable Power
of Attorney Re Health Care Decisions and Power
of Attorney Re Financial Decisions, Settlement
Documents (what to do when one or both of
Trustors die), preparation of Schedule A to Fund
Trust, preparation of transfer documents
converting Probate Assets to Non-Probate Assets –
transfer deed from Individual to Individual as
Trustor of their Trust, Preparation of letter re
obtaining change of beneficiaries forms to make
the Living Trust the secondary beneficiary …………………………….. 7 Hours
Guardianships (Emergency Temporary and
Permanent Guardian Appointments), including
preparation of Background Questionnaire to be
filed with Court .……………………………………...............................…. 5 Hours
Conservatorships (Emergency Temporary and
Permanent Conservator Appointments),
including preparation of Background
Questionnaire to be filed with Court .....……………………………….... 5 Hours
Standard Motions, Legal Research, Memorandum
of Points and Authorities and Supporting
Declaration(s) …………………………..........................................……… 5 hours
Unlawful Detainer: 3-Day Notice And Service,
Filing and Service of Summons & Complaint,
Default and Writ of Possession and Issuance By
Court Clerk, Sheriff's Instructions and Delivery
To Sheriff With Written Directions For Lockout
Of Tenants And All Unknown Occupants And
Includes Court Costs....................................……………………………… 5 Hours
PLEASE CALL TO FIND OUT THE COST FOR ANY SERVICE THAT'S NOT QUOTED.


TEHACHAPI COURT SERVICES© 661-822-1994 - 661-300-0048
Paralegal Telecommuting Services For Lawyers -- 42 Years Work Experience,
Including the Law Firms of Adams, Duque AND Manatt, Phelps & Phillips,
Specializing in Chapter 7 Bankruptcy; All Phases of Plaintiff Personal Injury and PI
Defense; All Phases Of Civil Litigation, Discovery & Trial Preparation; All Phases Of
Family Law and Marvin Actions; Revocable Living Trust Packages for Singles and A-B
Trusts, Special Needs Trusts, Dynasty Trusts, Safe Harbor Petitions, Probate,
Conservatorships, Guardianships, Adoptions, and Unlawful Detainers.
BEEN SERIOUSLY INJURED? INSURERS TAKING ADVANTAGE?
California Super Lawyers® R. Rex Parris Law Firm, Lancaster Mayor
661-949-2595 (Click on R. Rex Parris Link above)
The Parris Law Firm Protects Hard-Working Families