California Fugitive Recovery Law

As a Bail Agent, I spend a lot of my spare time studying the laws that pertain to Bail and Bail Fugitive Recovery. As some of you may know, 1299 PC is going back into effect through AB 2029 in 2013. The reinstatement of 1299 PC is crucial to insure proper qualification for Fugitive Recovery Agents(Bounty Hunters). As of right now the law only requires a Fugitive Recovery Agent be of "suitable age". Without 1299 PC we can be sure the trade will be tarnished with poorly trained Agents doing illegal recoveries. I am glad to see Bail is once again getting attention from California lawmakers, but unfortunately they still seem to be unaware of a major issue with Bail Fugitive Recovery law. As of right now, the most common law Agents can refer to is the o' so famous Taylor v. Taintor Federal case.

This case states: "When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State; may arrest him on the Sabbath; and, if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest by the sheriff of an escaping prisoner. The bail have their principal on a string, and may pull the string whenever they please, and render him in their discharge. The rights of the bail in civil and criminal cases are the same. They may doubtless permit him to go beyond the limits of the State within which he is to answer, but it is unwise and imprudent to do so; and if any evil ensue, they must bear the burden of the consequences, and cannot cast them upon the obligee."

According to Taylor v. Taintor, Bail is a continuance of the original imprisonment. Meaning, being out on Bail is similar to being on probation. Bail companies have the right to create conditions and limitations in exchange for the defendants release from jail. It also allows a bail company to surrender a defendant at any time for any reason. But some statements in this act conflict with many state laws creating some confusion in the bail industry. The Taylor v. Taintor act states an Agent may break and enter if necessary and pursue a fugitive across state lines. The reality is if you committed either of these acts while in pursuit of a fugitive you would likely find yourself in jail on a list of charges.

For example, a bail fugitive is hiding inside his residence and an Agent breaches the door in order to apprehend him. The Agent has committed breaking and entering which is against state law. Now that the Agent has violated the law, the arrest is now deemed illegal. In the process of the now illegal arrest the Agent had also cuffed and placed the fugitive in the back of his vehicle for transport to the jail. Because the arrest was illegal after breaking and entering, the Agent has now committed burglary, kidnapping, conspiracy, battery, and if carrying a firearm he has also committed a long list of firearm charges.

Another example, a bail fugitive from California hides out in Nevada and an Agent crosses state lines and apprehends him. Once again this act would be permitted by Taylor v. Taintor, but the Agent has violated a long list of Nevada laws and will likely be looking at a fair amount of prison time for his actions.

There are a lot of Agents who would love to argue this with me, but the reality is every one of those charges would hold up in a court of law. Regardless of Federal law, you have violated state laws. Many bail training programs are teaching new Agents with a strict focus on Taylor v. Taintor. If you are looking at getting into Bail I highly suggest you do your homework. Choosing the wrong school could ensure you never get hired or worst, end up in jail. Some schools are also teaching courses for a BSIS baton permit as well as a BSIS exposed firearm permit. The BSIS baton and exposed firearm permit are strictly for licensed security guards. As an expert in security I can tell you that the possession of a baton during a fugitive recovery is illegal and striking someone with it would make you guilty of assault with a deadly weapon. The BSIS exposed firearm permit is not necessary regardless. Fugitive Recovery Agents are allowed to carry firearms under CA 12031(k) PC. 12031(k) PC states a firearm may be used during an arrest given that the arrest and the possession of the firearm are legal in the first place (I will go into the laws regarding the use of weapons in my next article in more detail).

In my opinion, there needs to be specific state laws allowing Agents protection under Taylor v. Taintor. There also needs to be weapon laws that are specific to Bail Fugitive Recovery. Many Agents are harassed by local law enforcement due to their lack of knowledge of the laws Agents operate under.

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California Lemon Law: What It's All About

In today's world cars have important roles in human lives. This can help individuals in their daily lives particular when going to the workplace. This serves as an instrument where human lifestyle is always in a rush. However, when buying one that turns out with defects is probably the most frustrating an individual can act. Knowing cars is too pricey. That's the reason why most people in California are grateful for there is a California Lemon Law.

Understanding California Lemon Law

Lemon law is mandated to safeguard the consumers who purchase new vehicles with defects, this is also applied in mobile homes, boats or motorcycles. Like for example, when you buy a car you are expecting that it is free from substantial manufacturing defects, but then it turns out with serious damage, which cannot be repaired for good in a reasonable number of repair attempts, if that's the case the manufacturer or its authorized dealer is required to replace or refund your purchase price. It is your choice if you want to replace it or want a refund.

Early History

In 1970 California introduced the California Song-Beverly Consumer Warranty Act to safeguard purchaser's or lessee of a new vehicle which end up to be lemons due to manufacturing defects. When the manufacturer or the authorized dealer was not able to repair a new vehicle or provide assistance to meet the terms of "written warranty" right after a "reasonable number of repair attempts," the company or the manufacturer is obliged for vehicle replacement or refund the buyer/lessee purchase price. But then the term "reasonable number of repair attempts" defined the wrong way and eventually left to the manufacturer's judgement. To put it simply, the manufacturer can refuse for replacement if determined the vehicle had been misused by the buyer right after the delivery.

In 1982, Sally Tanner, California's assembly member, claims a new guideline of California Lemon Law. It took effect in 1983 of January, the new rules set for clearer guidelines for the exact meaning of "reasonable number of repair attempts." It stated that the number of repair attempts was to be identified relating to the nature of the problem and in certain as linked to the safety of the vehicle. The act was expanded further to add the sale or lease of used vehicles that had been covered by the manufacturer's first new car warranty at the time he/she purchase. Up to now this statute became the model of Lemon Law in all 50 states.

The lemon law varies from state to state and occurrence to occurrence, same goes on with the DUI law. In some point lemon laws in other states are only applicable for new cars, while others include used cars. However, you can call the car a "lemon" if it needs a particular number of repairs within a certain period of time or "number of miles," Or if it has been in a repair shop for more than the number of days and with "reasonable number of repair attempts." Thus, if you want to pursue the Lemon law, be sure to check the California Lemon law in the book or consult a California Lemon law attorney to guide you through.

Tom Reed is blogger/writer located in California. He's been in writing venture for almost 3 three years. Aside from writing about California Lemon Law, he as much as like to write topics about sports, entertainment and online jobs.

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Ways on How to File Bankruptcy in California

In this article, I will be talking about how to file bankruptcy in California. This will be on filing Chapter 7 bankruptcy and not Chapter 13. Filing a Chapter 7 bankruptcy in California involves a lot of steps, some of these steps are optional and some are required. Along with these steps, the debtor also has obligations that he needs to follow. An example of these obligations is to attend meeting of creditors and the debtor must also participate in a pre-discharge bankruptcy education course.

In a Chapter 7 bankruptcy, once a debtor is discharged, the case could still remain open for months or years. This is because the trustee is still working on liquidations of the debtor's assets and the distribution of payments to the creditors.

Where can you find bankruptcy courts in California?

In the state of California, bankruptcy courts are divided into 4 districts and each district is made up of several divisions. A debtor's case is usually filed in courts on the county that he resides or on the place where his business or major asset is located.

Northern District of California

1. San Francisco Division
2. Oakland Division
3. Santa Rosa Division
4. San Jose Division

Central District of California

1. Los Angeles Division
2. Riverside Division
3. Santa Ana Division
4. Santa Barbara Division
5. San Fernando Valley Division

Eastern District of California

1. Sacramento Division
2. Fresno Division
3. Modesto Division

Southern District of California

1. San Diego Division
When filing a Chapter 7 bankruptcy, you must realize that it could stay on your credit record for a very long time; some could even go up to 10 years. And with this will greatly affect your creditworthiness, it would be difficult for you to pick up any credit loans in the future. When this time comes, it is better to be prepared; the following could be of great help:

1. Create a budget - in order to save enough money to pay your creditors, you need to create a specific budget. In this way you can avoid spending too much on unnecessary things. When creating a budget, you need to prioritize the things that are really needed, like food or groceries and bills. Avoid buying new clothes or other stuff that you don't really need at the moment.

2. Negotiate with lenders - another way that you can compensate with paying your debts is to talk to your lenders. Some lenders would be willing to make a deal with you as long as they can see that you are working hard to pay them. Some lenders could even extend your payment period so that you will have no problems in managing your money.

3. Debt consolidation - this is also another to solve your bankruptcy issues. However, this will put your house or other properties at risk for foreclosure. In this case all your credit loans and other debts will be put on one bill and will put all your assets as collateral if you ever fail to pay up your creditors.

4. Credit Counseling - there are some credit counseling organizations that can help you, they offer credit and money management advices that would be very useful in your bankruptcy problems. Some would offer this service for free making worth your while.

Brenda Sidney is a proffesional and a soight-after writer when it comes to how to file bankruptcy in California. You can read some of her related articles or you can visit her site so that you will have a guide regarding with your bankruptcy issues.

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How to Evict Someone in California

Before the landlord can file an Unlawful Detainer lawsuit, the landlord must terminate the tenancy. If the tenant has a month-to-month tenancy, known as a periodic tenancy, and has occupied the premises for less than a year, then the landlord must give 30 days notice to terminate. This notice doesn't have to be given at the beginning of the month. If the tenant has occupied the premises for a year or more, then the landlord must give 60 days notice to terminate. If the tenant violates the terms of the lease, such as to pay rent, then the landlord can serve the tenant with a 3-day notice to correct the problem or move out.

The three-day notice is appropriate where the tenant is in violation of the lease, causing great damage to the property (waste), or creating a nuisance. A nuisance is some action by the tenant that interferes with the neighbors right to enjoy their property. An example would be a tenant who routinely plays loud music. The tenant who is causing damage or creating a nuisance is served with a Three-Day Notice to Perform Covenant or Quit. This notice basically says correct the behavior in 3 days or the tenancy is terminated. So if the tenant has a pet in violation of the rental agreement, then this notice gives the tenant an opportunity to get rid of the pet and comply with the lease. There are circumstances where the landlord doesn't need to give the tenant the opportunity to correct the problem, such as a tenant using the property for illegal purposes or a tenant who has sublet the entire premises. In such a case, you can state in the notice that you are demanding a forfeiture of the lease.

When the tenant fails to pay rent, the tenant is served with a Three-Day Notice to Pay or Quit. The California Code of Civil Procedure is very specific as to what is required in this notice and how it is served. If done incorrectly, then the landlord could end up back at square one of the eviction process. Worse yet, it could render the lawsuit defective and the landlord could end up paying court costs to the tenant. The notice must contain: the tenant's name and the names of all adult occupants, regardless of whether they signed the original lease; The property address must be listed; A demand to pay the stated rent or move out; A statement that you will pursue legal action or declare the lease forfeited if the tenant does not pay the rent due or move; Information as to name, telephone number, and address where to pay the rent; the hours you will be there to accept rent; and finally, a signature by the landlord. The notice can state a financial institution with account number as the place to pay, but only if it's located within five miles of the premises.

It is important to note that only rent due can be demanded. If the landlord demands one penny more, then the notice is defective. That means that if the lease addresses things like late fees and utilities, those amounts would be inappropriate to demand in a Three-Day Notice to Pay or Quit. If the rent is due on the first of the month, the Three-Day Notice to Pay or Quit can demand this entire amount and is not based on the date the notice is served. You can state in the notice that if they don't comply, you will be suing the tenant for rent, costs, and attorneys fees, as per the lease or rental agreement.

Landlords should also be aware that a New York court found that a Three-Day Notice signed by someone other than the landlord triggered the Fair Debt Collection Practices Act. The net effect of this is that the lawsuit is no longer a summary proceeding and the debtor has 30 days to respond. This application hasn't been found in California yet, but it certainly could be.

The Notice can be served any day after rent is due. If the landlord routinely accepts the rent a few days late, this could pose a problem if the notice is served during this time. The tenant could claim that the landlord waived that portion of the agreement and the tenant relied on this to their detriment. To prevent this "estoppel defense" it is best to wait beyond any traditional "grace" period. As pointed out in the earlier section, it is best to state in the rental agreement that any acceptance of late rent doesn't constitute a waiver of the due date.

The notice can be served by anyone, including the landlord. The best method is to have someone who is 18 or older serve each tenant the notice. If the tenant refuses to accept the notice, it is acceptable to drop it at their feet. If they close the door before one can serve the notice, it is also acceptable to slide it under the door and state that you're "leaving the notice" for them. If you attempt to serve the notice but the tenant never seems to be home, substituted serve is allowed. First try and serve the tenant at home and at work, more than one attempt is needed, and then the notice can be left with an adult at the home or workplace and copy is mailed to the tenant at home by first class mail. Lastly, if nobody is at the home, or a work address isn't known, then one can serve the notice by posting a copy on the front door and mailing a copy by first class mail.

It will be required to attach a copy of the three day notice to the Unlawful Detainer lawsuit and the method of service will need to be stated or a copy of a "proof of service" attached. Your course of action will now be determined by how the tenant responds to the Three-Day Notice to Pay or Quit. If they fail to pay and they don't move out, then landlord will need to file a lawsuit. The earliest an Unlawful Detainer complaint can be filed is after three days plus the day of service. For example, if the notice is served on a Monday, that day isn't counted. The tenant then has 3 full days to pay or quit, or by the end of Thursday. This means that Friday would be the earliest one could file the complaint. Do not accept rent after the 3 days unless you want to continue the tenancy. You will be unable to evict the tenant after you have accepted rent.

As a strategy, it is usually prudent to serve a Three-Day Notice. There are times where it would be better to serve a 30 or 60-day notice. If a landlord is evicting a tenant for violating a lease term, waste, or nuisance, it is important to understand that the burden of proof is on the landlord. If the tenant isn't late on rent and the lease term has expired, then the periodic tenancy can be terminated with a 30 or 60-day notice, as appropriate. Generally, the landlord doesn't need a reason to terminate the tenancy with a 30 or 60 day notice, but in San Diego, and some other cities, there is what is known as a "Just Cause" eviction law. The 30 and 60-day notices can be served on any day of the month. It is important to then count 30 or 60 days after the service to determine the ending date. It is best to serve this notice right after rent is received.

As a footnote, this is a good place to address security deposits. This applies to the 30 and 60 day notice to move. Before a tenant moves out, you must give them notice of their right to an inspection of the unit. You can then give them an itemized list of problems, and they have an opportunity to cure the problem. If the tenant does move out, and the landlord is in possession of the premisses, then the landlord must provide an accounting to the tenant within 21 days of their vacating, along with any refund due. California allows the landlord to deduct any unpaid rent, cleaning costs, and repairs beyond normal wear and tear. The landlord must attach receipts to the accounting, and if they performed the work themselves, then it must state the time spent and the hourly rate charged. The hourly rate must be reasonable. If the tenant doesn't provide a forwarding address, then the statement must be mailed to the address of the rental unit.

After the tenant fails to respond to the applicable notice to evict (3-Day Notice, 30-Day Notice, or 60-Day Notice), the landlord can file an Unlawful Detainer lawsuit. As mentioned previously, the lawsuit cannot be filed one day early, and the computation of the expiration of the notice period is critical.

After the lawsuit is filed, the summons, complaint, and all attachments are served on the tenant personally. If "personal service" is not possible for a valid reason, the law provides alternative methods of service. The landlord cannot serve these papers, and if there are unknown adult occupants, then the landlord must use a sheriff, marshal, or process server to serve the summons and complaint, along with a Prejudgment Claim of Right of Possession on said occupants.

The tenant will then have five days from the date of service to file an answer with the court, unless not personally served, in which case the tenant has an additional ten days to respond. If a Prejudgment Claim of Right of Possession was used, the unnamed occupants will be given ten days from the date of service to join the lawsuit or face eviction.

If the tenant fails to file an answer within the allowed time, then the landlord can request a default judgment. This is considered an uncontested case, and as long as the documents filed by the landlord are in order and prove the case, then the court will enter a judgment in favor of the landlord. If the Prejudgment Claim of Right of Possession was used, the landlord must wait ten days to get a judgment against unnamed occupants. If the case is uncontested, the forms that need to be prepared are the Judgment and a Writ of Possession. The removal of tenants will not occur until the sheriff had the Writ of Possession. That is what gives the sheriff legal authority to evict. If the tenant files an answer to the complaint, then the case is contested. The process following a contested case require requesting a trial date, serving more papers, and preparing for trial. The tenant can also ask the court to dismiss the suit or strike portions of the suit if any deficiencies are found in the summons and complaint. In addition, if summons and complaint aren't served correctly, the tenant can have the case dismissed.

The process can move very quickly, as far as legal cases go, but if there are errors or problems, the time required will increase substantially. Definitely don't attempt "self-help" to evict a tenant outside the legal process. You could quickly find yourself in violation of California Civil Code section 789.3, and you don't want that. Many landlords attempt try to navigate the process without outside help or they utilize a property management firm, but using the legal system to regain possession of your property can be very complex and is made easier with the use of an attorney.

By: Scott Rights, Esq.

Scott Rights, Esq.
RIGHTS & HAND
Attorneys at Law
Landlord Tenant, Asset Protection, Estate Planning

619-356-1529
Please visit our site for more information about evictions and landlord tenant issues.
http://www.sandiegoevictioncenter.com/

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