Terms of Service
ACCEPTANCE
You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully.
FEE AGREEMENT UNLAWFUL DETAINER
These Terms and Conditions (Terms) are between One Source Document Preparers, LLC (referred to as “we”, “us”, “our”, and/or “Service Provider”) and the Client described in the Proposal (referred to as “you” or “your”), and collectively the Clients.
THIS AGREEMENT confirms that you “Client” the eviction company, hereinafter “Service Provider” as your unlawful detainer assistant for self-help services and/or for all claims regarding eviction of tenants/occupants located in California.
IT IS UNDERSTOOD AND AGREED BY AND BETWEEN CLIENT and the Service Provider AS FOLLOWS:
You have requested the services set out under the relevant and selected Notice or Lawsuit (Services). You accept the fees, services and these Terms by:
- completing the online intake and submitting your online payment; or
- accepting an email or proposal for ad hoc services and
- paying fees as set out under the Get Started option, in the proposal or from your invoice.
Please contact us if you have any questions. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not purchase from us.
Employment of Service Provider:
We can provide the following self-help services for you in connection with a legal matter in which you are representing yourself in pro per. We can type, prepare, or otherwise complete, as you specifically direct, legal documents that you have selected. We can provide you with generally published factual legal information that has been written or approved by an attorney. We can provide you with published legal documents. We can file and serve legal forms and documents as you specifically direct.
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Basic Fee Arrangements:
You agree to pay the Service Provider the following fees, costs, and expenses, based on the selection you have chosen above or the circumstances regarding your case:
- Flat Fee to Prepare Notice: Client agrees to pay $98 per notice.
Service of Notice:
Service Provider will arrange service with a registered process server not part of Service Provider business to serve the Notice to all Occupants. The Process Server typically charges $85* for one attempt and service completed by personal service, substitute service, or by posting and mailing. The typical turn around time is 1 to 3 days.
*Rural Additional Process Server Fee: Service in remote and rural areas might have higher fees due to longer travel times.
- Flat Fee for Uncontested Eviction (up to two tenants): Client agrees to pay $798.00 for fees for the uncontested unlawful detainer (eviction) action. Our flat fee includes the following:
- Preparation of the unlawful detainer, lawsuit (Summons, Complaint, Civil Case Cover Sheet, and any local forms in your county).
Typical turnaround is 2 to 3 business days.
We will prepare the following free of charge:
- Arrangement of service of the unlawful detainer
- Provide the prepared Proof of Service(s) of the unlawful detainer from Process Server
- Preparation of the Request for Clerk’s Entry of Default or Request for Court Trial
- Preparation of the Judgment for Possession
- Submission of all documents and/or forms electronically, in-person, fax, e-fax, or e-delivery to the courthouse for filing
Service of Filed Lawsuit Fees:
Service Provider will arrange service with a registered process server not part of Service Provider business to serve the filed lawsuit to all Occupants. The Process Server typically charges $85* per occupant and per location. If service accomplished within the 3 attempts, Process Server will provide their Proof of Service of Summons. If after all attempts are made and failed, the Process Server will provide their Due Diligence Report. The fee is for Routine Service and the first attempt starts 3 days from submission to Process Server and attempts over 3-4 days. Serving the lawsuit includes up to 3 attempts at the same location.
*Rural Additional Process Server Fee: Service in remote and rural areas might have higher fees due to longer travel times.
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Additional Fee Arrangements:
- Client Pays Costs: In addition to the fee arrangement in Paragraph 1 herein, Client agrees to pay all outside costs. Costs include, but are not limited to, those for the following: court filing fees, electronic filing fees, process service, envelope, postage and mailing fee, etc.
- Superior Court eFiling Fees for Cases Under $10K: $240
- Superior Court eFiling Fees for Cases Over $10K: $380
- Superior Court eFiling Fees for Cases Over $35K: $435
- Writ of Possession: $40
- Additional Known Tenants: Client agrees to pay $25 fee for each additional known tenant/occupant.
- Prejudgment Claim of Right to Possession: Service Provider charges $65 for the preparation of this form to be served along with the filed lawsuit. The Prejudgment Claim of Right to Possession allows unnamed occupants of a property to formally assert their right to occupy the premises in an eviction case, before a judgment is entered. This form essentially gives these occupants the opportunity to become a party in the case of eviction and argue their case for remaining on the property.
- Entity or Trust Plaintiff: If the property is owned by anyone other than an individual, such as a Living Trust or Corporation, a California licensed attorney is required to be on record. At the time of preparing the lawsuit documents, Service Provider will add a cooperating attorney to be listed if you choose to hire him/her to review and sign off on the documents Service Provider prepares on your behalf. The fee the attorney charges is $150 and is paid directly to the attorney and enter contract with that attorney.
CONTESTED EVICTION:
- Contested Eviction-Cooperating Attorney Representation at a Hearing: If the tenants/occupants file an answer in court, the typical fee is $450 and the fee includes a single appearance totaling no more than four hours, either am or pm calendar. Most cases are resolved at the initial hearing. If additional hearings are required, there will be additional fees. The attorney will bill you separately. The fee the attorney charges may vary depending on the location of the court or circumstances in your case and the availability of network attorneys.
- Order to Post and Certified Mailing: After 3 unsuccessful service of process attempt made of the lawsuit at one location, Client must apply for an Order to Post and Certified Mail. Service Provide can prepare the document for $250. The Court charges $40. Once the order is approved and signed by the Judge, the process server fees apply, for posting and certifying mail. There are additional costs for the certified mailing that will be passed on to the Client.
POST JUDGMENT:
- Optional Writ of Possession: Service Provider charges $198 to prepare the Writ of Possession and the Sheriff Instructions form(s).
- Sheriff Lockout Fee: Once the judgment for possession is entered in your favor, the sheriff lockout can be scheduled. The sheriff charges a lockout fee of $180.
- Optional Sheriff Courier Service: Service Provider charges $98 to courier the Sheriff Instructions form(s) for the Sheriff Lockout Request and the Writ of Possession along with their fee.
The Service Provider is not held responsible for the incorrect information, spelling, or typos, which the client or representative provides on this intake form. Please be sure to review the intake form prior to submitting, along with any documents we prepare for accuracy, once we send them to you for signature. We cannot assert the validity of a notice that was not prepared and served by Service Provider.
The Unlawful Detainer / Eviction is for possession only. You may obtain a money judgment, after you regain possession which is billed separately. Service Provider does not assist with money judgments.
- Property Manager or Agent: If the Client is the property manager or agent for the owner of the property, it is represented by Client that I am authorized to execute this agreement for an on behalf of the owner/landlord and with the permission and consent of the owner. It is understood and agreed that if the undersigned is the owner, that the Service Provider will require full payment for services rendered or for costs of suit, from either or both parties.
- Office Contact Methods: Service Provider offers limited phone calls, and unlimited e-mail and client portal communication through Lawcus, our case management system. To keep our fees low, our office has established reasonable limitations regarding those tasks outside of the legal document preparation scope for which we are contracted to prepare. In this regard, every matter will have 2 a week “allowance” free inbound ten-minute phone calls based on a reasonable expected amount of communication between our office and the client to complete your matter. In most cases, these pre-set allowances will cover most clients’ needs. Be aware, however, that clients that exceed these parameters will be charged $15 per call and every fifteen-minute increment. Outbound calls made from our office to you are not charged, neither or your returned calls to us.
However, we strongly encourage you to use e-mail or “Client Portal” as a form of communicating with us. It allows us to answer your questions without interruption and keep a record of our correspondence throughout this process. Sometimes having answers to your questions in black and white is reassuring because it gives you something to refer to if you are not clear on thee “legalese.” E-mail and “Communicate are also often easier for us to respond to, especially to simpler questions or comments, since we don’t have to worry about missing you on return calls or making time to respond, in the middle of a hectic day or working on a major project.
- Client’s Cooperation, Notification of Change of Address, Availability: We ask that you give us multiple phone numbers (home, cell, work, etc.) so we can reach you in case of an emergency. The client agrees to cooperate fully in all phases of the eviction matter. Client agrees to immediately notify Service Provider in writing of any changes in address, phone number, or employment. Client agrees to make him/herself continuously available by email or telephone during the four days preceding the trial date. The client also agrees to make him/herself continuously available by email or telephone, depending on the circumstances.
- License: Service Provider, Unlawful Detainer Assistant (UDA), has a current license and is registered with the county of where Service Provider is located.
- Settlement: Client and Service Provider acknowledge that no settlement shall be made with the Service Provider on behalf of the Client.
- No Guarantee of Successful Outcome: Client acknowledges that Service Provider have made no guarantee regarding the successful termination of this action, or of any aspect of Client’s case. The client is aware that this agreement does not cover unexpected actions caused by tenants or occupants, like evading service, tenant’s delay tactics such as filing a demurrer, bankruptcy, appeal, or possession claims by unknown occupants. Cost of such unknown or unexpected circumstances shall be paid in advance by Client at a sum agreed to by Client unless agreed upon otherwise.
- Withdrawal or Cancellation of Service Provider: Client may discharge Service Provider, and Service Provider may withdraw from assisting Client, at any time by notifying the other party, without any further obligation whatsoever by Client or by Service Provider, except that Service Provider shall be entitled to the fees and costs set forth above, that are incurred prior to the date of discharge or cancellation, plus any fees or costs reasonably and necessarily incurred in carrying out the withdrawal or discharge.
- Possession of File: At the conclusion of this matter, or upon the withdrawal or discharge of the Service Provider, Client shall be entitled to the original file in this Service Provider shall have the right to keep a copy of the file, and all costs of copying the file shall be paid by Client. In the case of withdrawal or discharge, upon request, the Service Provider shall turn client’s file over to Client within ten (10) business days of Client requesting the file.
- Arbitration Agreement and No Service Fees in Case Between Client and Service Provider: Client and Service Provider agree to submit any disputes arising out of the subject matter of this Agreement or concerning this Agreement to binding arbitration in Stanislaus County, under the Rules and Procedures of the American Arbitration Association, or another arbitrator if both parties agree upon such alternate arbitrator. Neither party shall receive their service fees if any are incurred in any dispute between Client and Service Provider.
- Cancellation and Refund: You may cancel this contract for any reason within 24 hours after signing. We cannot process refunds on cancellation, unless we have received this contract signed by you. If you cancel the contract, we must immediately refund any fees which you have paid us. The only fees that we may keep are fees for services which we have, necessarily and reasonably performed on your behalf during the 24-hour period, or the unlawful detainer package price, whatever the lesser amount. These fees are itemized below.
To cancel this contract, send the Service Provider a written notice stating that you are canceling the contract. Mail the notice by first-class mail with the correct postage and send it to us at our address. Cancellation takes effect on the date of the postmark on the notice. You can also cancel this contract by delivering a written notice of cancellation to our address within the 24-hour period.
Refunds: You also may cancel this contract at any time if we:
- Fail to give you a copy of this contract before providing any services to you, or
- Fail to specify in the contract the services which we will perform and the costs of those services, or
- Fail to give you a copy for the contract in English and in any other language that you understand and that was principally used in any oral sales presentation or negotiating leading to execution of the contract.
If you cancel this contract for any of these reasons, we must immediately refund in full any fees which you have paid us. You may also cancel this contract at any time if you have legal cause.
If contract is cancelled during cancellation period or any time before the preparation of the unlawful detainer lawsuit documents, services for which we are entitled to compensation shall be calculated as follows: All appointments, telephone time and/or other work performed prior to receipt of cancellation charged at the hourly per staff rate of $150/hour (unlawful detainer assistant), $75/hour (legal assistant) or $50/hour (support staff). If the contract is cancelled prior to our office preparing the eviction notice, the Service Provider is entitled $150 for consultation and opening your file.
We will provide you with itemized services rendered, expenses incurred, and the balance owed. Itemized fees for services are outlined below and will be charged on an individual basis if the contract is cancelled within 24 hours or cancelled at all and any of the contracts for work has been completed.
- Notices: We are not attorney’s office. We cannot perform the legal services that an attorney performs. We cannot engage in the practice of law. However, we work with a network of attorneys who can advise you or represent you at a court hearing if need to. The county clerk has not evaluated or approved my knowledge or experience, or the quality of my work. We cannot represent you in court, but we count on a network of attorneys who can represent you for a flat fee. Client agrees that Service Provider is not responsible for the outcome of the unlawful detainer suit and dis also not responsible for any damages involving property including loss of rent, property damage, lost fees, or any other damages, monetary or otherwise. We cannot engage in the practice of law. This means that we cannot give you any kind of advice, explanation, opinion or recommendation about possible legal rights, remedies, defenses, strategies, or options that you may have. We cannot give you any advice, explanation, opinion, or recommendation regarding selection of court forms.
DESCRITION OF THE PARTIES:
One Source Document Preparers, LLC
Unlawful Detainer Assistant (UDA), Stanislaus County #2018-001, Exp. 08/06/2026
Mailing Address:
931 10th St, Modesto CA 95354
Service Provider has a bond in Stanislaus County, California
Title or brief description of the legal matter in which the client is representing himself or herself: Eviction / Unlawful Detainer
We have filed a bond or cash deposit in Stanislaus County, our primary place of business.
You may obtain information from the local bar association or a legal aid or legal services office regarding free or low-cost representation by a lawyer. You may contact the local police, sheriff, district attorney or legal aid or legal services office if you believe that you are the victim of fraud, unauthorized practice of law or other injury.
Client has read this agreement, has had an opportunity to review it with any advisors of Client’s choice, understands it, and acknowledges receipt of a duplicate copy of this Agreement. The Client understands that any additional service concerning the fees and costs is a flat fee or by the hour.
I have read all the above, I have been given an opportunity to discuss it with any advisors I choose, I understand it, and I agree with all of it.
Authority cited: The use of this contract is required by Section 6410 of the California Business and Professions Code. Reference: Sections 6401.6, 6402, 6405, 6408, 6409, 6410, 6411, Business and Professions Code. The standard form of this contract is mandated by the California Department of Consumer Affairs, California Administrative Code title 16, § 3950. NOTE: I am a member of the California Association of Legal Document Assistants, Inc. (CALDA), which promotes and encourages high standards of ethical and professional conduct by its members. CALDA has a Dispute Resolution Process which is designed to resolve disputes between consumers and CALDA member LDAs / UDAs. You may learn more about this process by visiting www.calda.org in the Board of Directors/”Code of Ethics” tab.