Funciones del derecho procesal penal

Additional Information:

 Additional Information for specific case types for Small Claims may be found here o <http://www.courts.ca.gov/1012.htm>

Serving a P.O. Box:

 Can only serve a Commercial Mail Receiving Agency (CMRA)

 Why is it allowed?

o Whenever a customer rents a private mailbox, state laws requires that the CMRA owner or the operator act as an “Agent for Service of Process” on behalf of the customer

 Important! Only Private Mailing Box (PMB) may be served

o P.O. boxes from the Federal government CANNOT be served

 How To:

1. Verify the location of the Private Mailing Box (PMB)

 You may contact the U.S. Postal Services office and ask for the location of the box

 This process also verifies that the P.O. box is not a Federal P.O. box 2. Ask a process server, sheriff, or anyone over 18 years of age and not a party member

to the case to serve the CMRA owner or the operator with filed copy of the claim 3. This is not required by law, but you may mail a copy of the claim to the PMB 4. The CMRA will send all documents by first class mail to the last known home or

personal address of the mail receiving service customer

 Make sure that you serve the CMRA at least 15 days prior to your trial date

 (B & P C § 17538.5(d)(1)(A),(B))

5. The person serving must file the Proof of Service (SC-104) with the Small Claims Clerk 5 days before the trial date

 What if the person suing no longer rents the PMB?

o State law requires that CMRAs accept service of process for and on behalf of any of their customers for two years after termination of any agreement

 (B & P C § 17538.5(d) (1))

 ADDITIONAL:

o What if I won the judgment?

 Upon presenting a certified copy of a judgment, the CMRA is obligated to disclose to the Judgment Creditor’s last known address of any customers that the judgment is against

 (B & P C § 17538.5(d) (3))

Auto Accidents (Includes Out-Of-State Drivers):

 Get the correct name and address for both the DRIVER and the REGISTERED OWNER o This information is available at the DMV or on the Police Report

 For Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100):

o Sue the Registered Owner and the Driver at the time of the accident

 If the person that hits you is both the owner and driver of the car,

 Write: “ ***Individual’s Name*** , owner and driver”

 If they are different

 Write: “ ***Individual’s Name*** , owner” for one Defendant, and as a separate Defendant, “ ***Individual’s Name*** , driver”

 Where to File for Auto Accidents:

o Where the Defendant lives or does business

o Where the property was damaged/accident occurred o Where the Plaintiff was injured

 When Filing:

o MAKE SURE TO SET THE HEARING AT LEAST 70 DAYS o Also, under each Defendant’s name and address, write:

 Serve: Dept. of Motor Vehicles Legal Affairs Division

Legal Office, Third Floor 2415 First Avenue

Sacramento, California 95818

 Serve each Defendant:

o You need to have 3 copies for each Defendant: one for your records, one for the DMV Legal Affairs Division, and one for the Defendant

o For an out-of-state Defendant, you must serve the DMV Legal Affairs Division while requesting a return receipt along with a $2.00 check made payable to the DMV for each Defendant being served

 Send it to:

 Department of Motor Vehicles Legal Affairs Division

Legal Office, Third Floor 2415 First Avenue

Sacramento, California 95818

o After you receive an “acknowledgement of receipt” from the DMV, call the local sheriff’s department where the Defendant lives or hire a process server in the state to serve the Defendant

 Filing the Proof of Service:

o The person serving must file both the Proof of Service (SC-104) for each Defendant AND the acknowledgement of receipt (the return receipt) the DVM to the Small Claims Court at least 5 days before trial date.

 NOTE: Collecting judgments from state Defendants will be difficult. If an out-of-state Defendant does not have any assets in CA, then you need to register your judgment in the state where the out-of-state Defendant has funds and collect your judgment through that state’s court system

o This can be expensive and time consuming

Suing over Bad Checks (Bounced Checks and Stop Payments):

 Bad Checks are either:

o A BOUNCED check

 There are not sufficient funds to cover the check

o A STOP PAYMENT has been put on the check without a good faith dispute

 GOOD FAITH DISPUTE

 The Judgment Debtor does have the right to stop payment without incurring penalties if there exists a good faith dispute over the money in question:

o One in which the court finds that the Debtor has a reasonable belief of his or her legal entitlement to withhold payment. (CC Section 1719(a)(3), CC Section 1719(b))

 For Bad Checks:

o May sue for either:

1. Original amount on the check, OR

2. Original amount plus triple the original amount (the additional amount is capped at $1,500)

 NOTE: To perform this, you must follow the directions below

 NOTE: Bounced checks and stop payments follow the same procedures except that stop payments have a minimum of $100 additional damages while bounced checks do not have a minimum

 To Calculate the Additional Damages:

o (Original amount) x (3) = Additional Damages (the additional amount is CAPPED at

$1,500)

 How to Sue for the original amount plus UP TO THREE TIMES the amount (the additional amount is capped at $1,500) for a Bad Check:

o You must write and send a Demand Letter before filing a small claims lawsuit to the person who wrote and signed the check

 General Demand Letter for this process:

 How to:

1. Use a computer or a typewriter

2. Start by briefly reviewing the main facts of the dispute in your letter

3. Must write specifically in the Demand Letter that you will give the offender 30 days to pay the amount (make sure you provide a return address in the Demand Letter)

4. Be polite

 You may regret any aggressions in your letter as the letter may be used in your case at the trial

5. Make a copy of the Demand Letter and send the original (with signature) by Certified Mail to the person who wrote the bad check

6. Keep a copy of this correspondence for your records

 If you wrote a Demand Letter, and the money has not been paid after the thirty days specified by the Demand Letter, on the thirty-first day, you may

file a Small Claims lawsuit for the original amount plus up to three times the amount [the additional amount is capped at $1,500]

 For more information:

o < http://www.courts.ca.gov/9739.htm>

 Present your receipt and a copy of the Demand Letter with proof of certified mail at the trial