Process Service Glossary

A

Abscond

Abscond is to avoid detection or arrest and avoid being served with legal papers.

Abstract of Judgment

Abstract of Judgments are written summaries of a court judgment which states how much money the losing defendant owes to the person who won the lawsuit.

Abuse of Process

Abuse of Process is bringing and following through with a civil or criminal action by illegal or malicious means, or filing a false declaration of service.

Accept

Accept is to receive payment which is late or not complete or the "service" (delivery) of legal papers.

Acceptance of Service

Acceptance of Service can be performed by a process server or by an attorney, but must be in writing. Typically, a Receipt and Acknowledgment of Acceptance of Service form is required.

Actual Eviction

Actual Eviction is when a tenant is wrongfully removed from their premises and a landlord wrongfully deprives them of access to their possessions.

Affidavit of Service

Affidavits of Service are written documents in which the signer swears under oath before a notary public or someone authorized to take oaths that the statements in the document are true.

Agent for Acceptance of Service

Agents for Acceptance of Service are individuals who accept a complaint or other petition without having the sheriff or process server present. A Receipt and Acknowledgment of Acceptance of Service is usually required.

Application and Order for Appearance and Examination

Applications and Orders for Appearance and Examination are orders requiring a debtor to appear in court to furnish information about their assets.

Asset Searches

Assets are items or property with monetary value and are shown in balance sheets, inventories, and probate estates and in divorces. Types of assets include accounts receivable, fixed assets, basic equipment, structures and intangibles.

B

Background Investigation

Background investigations and background checks are performed to find relevant information about individuals or businesses that lead to successful service of process.

Bank Levy

Bank levies are court orders allowing creditors to take money from an individuals bank account to satisfy a debt.

Bench Warrant

Bench warrants are orders issued by a judge for the arrest of an individual.

C

Civil Process Server

Civil Process Servers are used to file Civil Lawsuits or Divorces in a court of law on behalf of law firms, attorneys and corporations and notify defendants when a case has been filed against them. Civil Process Servers also serve Subpoenas, Summons, Complaints and other legal and sensitive documents.

Complaint

Complaints are the first documents filed with the County Clerk by a person or entity claiming legal rights against an individual, or company. The party filing the complaint is the plaintiff and the party they are filing the claim against is called the defendant(s).

Constructive

Constructive is treating a situation as if it were legally true, even without evidence.

Constructive Eviction

Constructive Eviction is when a landlord forgoes legal eviction and takes steps on their own to keep a tenant from entering or living in their unit. Some tactics include changing locks, turning off the water, blocking the driveway and even nailing doors and windows shut.

Constructive Notice

Constructive Notices are when individuals receive a false notice even though it was personally delivered to them.

Contempt of Court

Defying a court authority or dignity can place you in Contempt of Court. If you curse at a judge, or exercise violence against an officer of the court, or do not adhere to a Court Order, you can be in Contempt of Court and be charged with a fine, or a short stay (overnight) in jail.

Court Filing

Court filing is the act of submitting documents to the clerk or court for the court's immediate consideration.

Court Order

A Court order is a decision made by a judge, court referee, commissioner or magistrate that demands or directs something, or someone to do.

Court Costs

Court costs are all the costs associated with filing forms and bringing a case to court.

Court Services

There are several Courts in the United States, Family Court, Criminal Court, Appellate Court, Court of Appeals, Supreme Court, etc. Each Court is governed by state and local laws and hears cases respectively.

D

Defendant

Defendant(s) is/are the parties being sued in a civil lawsuit or the individual being charged with a crime in a criminal prosecution. In a divorce, a defendant is referred to as a respondent.

Diligence

Diligence is a satisfactory amount of attention in a matter. It is a fair attempt. An example of diligence is a process server's due diligence in locating and serving someone legal papers.

Dissolution of Marriage

See: Divorce

Divorce

The termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which "incompatibility" is sufficient to grant a divorce. The substantive issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time (as little as six weeks in Nevada). In most states the period from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several months to allow for a chance to reconcile.

Document Filing and Retrieval

Document Filing and Retrieving is the Preparation and filing of legal documents. Commonly filed and retrieved documents are, corporate documentation, certificates of Good Standing, Foreign and Domestic Certificates, Certificates Evidencing Filing, Certificates Evidencing Dissolution, certified copies, corporate verification, assumed business names, and franchise tax searches.

Due Process of law

Due Process is the principle of fairness in all legal matters. Legal procedures set statutes and court practice, including notice of rights, which must be adhered to so that no prejudice occurs. Due Process safeguards private and public rights against unfairness.

Due process

Due Process is fundamental procedural legal safeguards that every citizen has an absolute right to when a court alleges to make a decision that could affect the right of that individual. Under Due Process is the right to be given notice and to be heard.

E

Eviction

When someone is evicted, they are lawfully removed as a tenant from occupancy of property. Eviction is also called Actual Eviction and Constructive Eviction.

Expert witness

A witness with specific knowledge, a specialist called to testify and corroborate or debunk facts surrounding a legal case in question.

F

Fee Waiver

Fee waivers defer payment for process service and other legal services.

Fictitious Business Name

Fictitious business names are the name under which a corporation conducts business that is not the legal name of the corporation as shown in its articles of incorporation.

G

Guardian Ad Litem

Guardian ad litem is the legal guardian who has the legal authority to care for the personal and property interests of another person.

Guarantor

Guarantors are people, organizations, or things that guarantee something.

I

Insurances Fraud Investigation

Insurance fraud is deceiving an insurance company, or agent to collect money, which the party is not entitled to. Insurers and Agents can also defraud consumers. Often Insurance fraud is when an individual stages an accident, injury, theft, arson or other loss to collect money illegally from insurance companies.

J

Judgment Creditor

Judgment creditors are creditors who have a money judgment entered against a debtor.

Judgment Debtor

Judgment debtors are debtors who have a money judgment entered against them by a creditor.

M

Mediation

Mediation is a negotiation to resolve differences between parties that is conducted by some impartial party.

O

Order to Show Cause

A court order that requires a person to appear in court on a specific date and time. If failure to appear occurs, the court will take action. Action can include, being punished for being in Contempt of Court, or ordering a Bench Warrant for that individual's immediate arrest.

P

Personal Service

Personal service is being handed a copy of legal papers by a Process Server.

Petition

A petition is a formal request for something in writing directed at an individual.

Petition for Divorce

A request for legal termination of a marriage requires a petition or complaint for divorce, also referred to as dissolution in some states by an individual. Jurisdiction is defined by each state. Some states require a minimal showing of fault. There are also no-fault states, in which incompatibility is enough evidence to grant a divorce. The primary issues in divorces are division of property, child custody and support and spousal support.

Plaintiff

A plaintiff is when someone initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding reparations.

Priority service

Priority Service is when the initial attempt to Process Serve the party is made upon requesting Legal Process Service. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.

Private Investigation Service

A Private Investigator is hired by a Law Firm, Lawyer, corporation, or individual to obtain court records, government agency filings, vital statistics, property ownerships, vehicle and vessel records, photographs, witness statements and much more. Many Legal Investigators specialize in various court cases and are typically employed by law firms or lawyers. Private Investigators prepare criminal defenses, locate witnesses, serve legal documents, interview police and prospective witnesses, and gather and review evidence.

Private Process Server

A Private Process Server is referred to as an Officer or a Sheriff. A Private Process Server enters a public area of business to serve process in compliance with local and state laws and into a private place of business where there is an expectation of privacy to serve process. Any individual or individuals who try to resist the Process of Service, or obstruct Justice can be charged with a misdemeanor.

Process Server and Process Server Agent

A Legal Process Server delivers Judicial Paperwork and, or files Legal Paperwork with a Court on behalf of Law Firms, Individuals, Corporations and Organization in accordance with the Law. Typical Process Serving, Process Service and Service of Process requests also include unlimited attempts to serve the party and Notarized Proof of Service upon completing the Legal Process of Service. The types of documents served are Subpoenas, Summons and Evictions,

Proof of Service

A form filed with the court proving a date that legal documents were formally served to a party regarding a court action.

Proper Venue

Proper venues are the places in which cases are heard, most usually a district or county court.

Public Records Search

Public Records Research allows an Individual or Private Investigator to access public record databases on the Internet or offline. Common public records research includes, finding business information, corporate filings, property records, unclaimed property, professional licenses, offenders, inmates, criminal and civil court filings.

Punitive Damages

Punitive damages is monetary compensation awarded to an injured party that goes beyond that necessary to compensate the individual for losses intended to punish the defendant for their actions.

R

Real Property

Real property is property that includes land, buildings and anything affixed to the land.

Registered and Bonded Process Servers

Registered and bonded process servers are process servers who are licensed and bonded in their respective states. Many states, including California, require process servers to be registered.

Regular Service

Regular Process Service is when the initial attempt to Process Serve the party is made within 48 to 72 hours. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.

Request for Dismissal

Requests for dismissal are methods for a judge to dismiss a legally inadequate indictment, prior to verdict, finding, or plea, in the "interests of public justice".

Return of Service

written confirmation under oath by a process server declaring that there was service of legal documents (such as a summons and complaint). See also: service, service of process

Rush Service

Rush Process Service is when the initial attempt to Process Serve the party is made within 24 hours. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.

S

Same Day Service

Same-Day Service is when the documents to be Process Served are picked up and delivered that same day. Traditionally, there are a minimum amount of attempts included within Regular Service. This varies from 2-4 times. Charges can increase if the party being served requires more attempts.

Service by Fax

Delivery of legal documents served via Fax followed by a mailing of an original copy to the individual, or their attorney. Service by Fax is recognized by the courts.

Service by Mail

Service by Mail is mailing legal papers to the opposing party, or their attorney and filing the original with the clerk of the court with a declaration stating the legal papers were mailed and to the individual they were mailed to.

Service by Publication

Service by publication is to serve legal documents on a defendant by publishing the document in an advertisement in a newspaper of general circulation.

Service of Process

The Service of process is a legal term used by a Court of Law to exercise its jurisdiction involved in legal proceedings, or actions brought against them. Each jurisdiction is governed by its own local and state rules regarding the Service of Process.

Skip Trace and Skip Tracing

Skip Tracing is digging up information about someone. Common Skip Traces are Debts, Legal Matters, Repossessions, Locating Witnesses, Missing Persons and Heirs, Life Insurance Beneficiaries, Locating People and Property. Skip Tracing is also commonly used to locate Friends, Relatives, or Loved ones. Skip Tracing is very useful in Divorce, Past Due Child Support, Bail Jumpers, or finding Convicted Criminals.

Statute of Limitations

Statutes if limitations are court orders or laws prescribing a period of limitation for the bringing of certain kinds of legal action.

Stipulation

Stipulations are agreements or concessions made by parties in a judicial proceeding relating to the business before the court.

Subpoena

A subpoena is an order of the court for a witness to appear and testify, or produce documents. Failure to appear is punished by Contempt of Court.

Substituted Service

Substituted Service is serving legal documents with an adult resident of the home of the individual being served, or a management level employee of a business.

Summons

A document issued by the court when a lawsuit is filed stating the name of the plaintiff and defendant, the title of the case, the file number and the contact information of each party, or their attorneys.

Surveillance

Surveillance is the continual observation of a person or group and verification of that person or groups activity. Surveillance is used to investigate criminal activities, domestic disputes, adultery and much more. In most instances, it is important to hire an investigator so that the evidence collected resulting from the surveillance can be used in a court of law.

T

Temporary Judge/Pro Tem Judge

Temporary judges, also called pro tem judges, are not regular judges, but someone (usually a lawyer) who is brought in to serve temporarily as a judge with the consent of all parties.

W

Wage Garnishment

Wage garnishments are legal proceeding where money or property due a debtor but in the possession of another is applied to the payment of the debt owed to the plaintiff.

Witness

Witnesses are those who see an event, typically a crime or accident, occur.

Writ of Execution

Writ of executions are routine court orders that attempt to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out.

Y

Your Honor

Proper way to address the judge in court.

JPL Process Service is an Orange County process service company. If you're a law firm or private investigator, call JPL Process Service today at 866.754.0520 to instantly receive $25 off your first order and each additional order for a full 30 days.

This post was made using the Auto Blogging Software from WebMagnates.org This line will not appear when posts are made after activating the software to full version.

Now Is The Time For Process Improvement In Service Organizations

Introduction

U.S. service firms have been hit hard by the current downturn in the economy. Business slowdown in the service sector, combined with increased deregulation and foreign competition, has created a fiercely competitive environment. Many service industries have experienced difficulty in responding to these new circumstances. The magnitude of the problem is indicated by the wave of savings and loans closures, financial services bankruptcies, downsizing of real estate organizations, and banking mergers now occurring.

One of the reasons service firms have been particularly hard hit stems from their dismal lack of competitiveness. In the recent past, growth in demand for services was so strong; it gave the impression that service industries were "recession proof." Toiling under this false notion, service firms focused on increasing capacity to satisfy rising demand. They paid very little attention to improving quality and productivity. During the 1980s, while productivity in the manufacturing sector was growing at a rate of almost 4 percent per year, service sector productivity grew less than 1 percent per year.

Failure to improve quality and productivity has left many service firms unable to compete in today's economic environment. Mergers and downsizing are a short-term response to improving a service firm's competitiveness. With the new competitive environment expected to continue indefinitely, these changes may be a prelude to a massive shakeout within the service sector, similar in size and scope to the restructuring that occurred in the manufacturing sector.

Further exacerbating their woes, U.S. service firms need to drastically improve the quality of their outputs and outcomes just to maintain the status quo. Foreign competitors are making inroads into previously untapped markets (financial services, airlines, retailing, hospitality) based on their ability to produce high-quality products and services. They have proven that there is nothing mysterious about identifying customer needs, wants, and desires. To the chagrin of their U.S. counterparts, foreign firms are consistently delivering service levels that meet or exceed customer expectations.

Consequently, service managers need to recognize that "trimming the fat" and emphasizing "lean and mean" policies are only short-term, knee-jerk reactions to a lack of competitiveness. Actions such as these do not contribute to high quality, nor do they enhance productivity. In fact, if nothing more substantial is done to improve quality and productivity within the services sector in the U.S., there will be even more rounds of downsizing or mergers in response to declining competitiveness.

Continuous Improvement Strategies

To enhance their competitiveness, service firms need to embrace systems such as Lean, Six Sigma and practical problem solving, within their organizations to ensure continuous process improvement. These systems are capable of providing individual providers with the opportunity to meet and then surpass the challenge of competitors. A philosophy of continuous process improvement enables a service firm to cultivate a process-oriented way of thinking and developing strategies that assure continuous improvement involving people at all levels of the organizational hierarchy. Such a system requires a new organizational culture that considers change, rather than complacency, the norm.

In a change environment, continuous process improvement by all employees is repeatedly emphasized and supported by senior management. Service firms need to redesign their existing structure to develop multi-skilled employees, and establish team processes for continuous improvement.

Implementing a Process Improvement Strategy

A burning platform for implementing a continuous improvement system is widespread dissatisfaction with the current way in which the organization functions. In the case of profit-making service organizations, dissatisfaction is heightened by red ink or lost market share. However, with respect to non-profit service organizations such as government, education, and utilities, these kinds of competitive pressures are largely absent. Therefore, organizational dissatisfaction must be created from within by the leadership team.

Top management must provide leadership by establishing a vision for a better organization. This vision must then be communicated to all employees. Only by creating a high "discomfort index" can non-profit service organizations hope to create a desire, and thereby garner the necessary support, for organizational change. To sustain continuous improvement initiatives, top management should be aware of the crucial role it plays in helping to formulate the vision, mission and values of the organization. In this regard, the role of senior management must change from providing solutions to empowering others within the organization.

A Focused Approach to Process Improvement

Service organizations should consider a focused approach to process improvement because a disciplined, management led, focused approach is essential if process improvement efforts are to succeed. The approach must be targeted at improving the key business processes that provide a service to a customer. Most key business processes are cross-functional in nature which means they must be managed across all the functional areas that play roles in delivering the services.

Tightly focused process improvement initiatives produces results and enhances performance. In the end, the focus should be on the things that are most important to the organization, but are not being done well. Many times service organizations focus on the wrong things-the things that waste time and effort, which are of no value to the customer or to achieving the strategic goals of the organization.

Getting Focused

I use a four step proven approach for getting focused on process improvement.

Step 1: Prepare

In this step senior management and mangers organize and create a Leadership Team and develop a compelling vision, mission and set of values. They identify critical success factors and key organizational processes, prioritize those processes, and conduct an assessment of the organization to determine the current state and what the future state looks like.

The importance of this step cannot be overlooked because facilitative leadership is required to create a culture that encourages and rewards continuous process improvement. Strong leadership from management is a crucial determinant for maintaining process improvement.

Step 2: Plan

The second step is creating a strategic continuous improvement plan based on the results of the organizational assessment completed in step one. This plan has two components a process improvement plan so that those key processes important to the customer can be improved, and an organizational improvement plan to prepare the organization for the future.

The process improvement plan is designed to close the gap between current and future states and is used to select major improvement opportunities and form process improvement teams to improve the processes by eliminating non-value -added activities and closing performance gaps.

The organization improvement plan is a roadmap for establishing training, rewards and recognition, communications, and measurement programs that support the process improvement initiative.

Incentive and pay structures for motivating behavior and performance under continuous process improvement systems are purposely designed to encourage group team-building behavior and performance rather than individual effort/output. Rewarding non-group behavior tends to be counterproductive because financial rewards for individual performance send the wrong message to employees, who in turn will undermine the process-oriented or team approach.

Training refers to the skill building and staff development that is required for continuous process improvement. New capabilities are necessary if employees are to identify and solve problems as a team. If any of these elements are missing, the change process will break down. Therefore, as employees engage in continuous improvement, they need to acquire additional skills or be cross-trained to perform new or expanded roles and jobs.

Step 3: Execute

Once the process improvement teams have been formed and trained it is time to execute-actually improving the process. Process improvement teams examine the process to understand how the process works. They spend time analyzing data to determine how the process is actually working and measure its current performance. The next step is to decide how it can be improved and then test the improved process. Improvement may require refining, redesigning or reengineering the process. Based on their results the team makes recommendations for approval and implementation.

Step 4: Sustain

The final step is to sustain a process improvement culture. This step makes process improvement a way of life in the service organization. It demands carefully managed change to ensure the cultural shift from fire fighting to continuous process improvement. Sustainability only occurs when all employees not just process improvement teams have the necessary skills and the authority to do what is required to fix processes and make lasting improvements.

A key element of sustain is employee empowerment. The main drivers behind continuous process improvement mean that employees are increasingly in need of a broader and richer skill set along with the authority and responsibility to make customer-facing decisions. Job skills must be expanded to include not only the basic work tasks, but also the problem-solving skills necessary to change the way in which organizational work is performed. This enables them to respond to various demands. In other words, they must be empowered.

Employee empowerment means that a firm entrusts decision-making authority to frontline workers in situations where such authority traditionally resided solely with management. It is important to note that empowerment cannot be mandated from senior management. To feel empowered, a number of preconditions must be in place: (1) a shared vision and a common set of values must exist organization-wide; (2) individuals must be properly trained; (3) benefits must be fairly and equally distributed; (4) managers must have faith and confidence in their employees; and (5) the overall culture of the organization must support risk-taking and not pointing blame.

Summary

The service sector of the U.S. economy is undergoing a significant transformation. In its wake, traditional methods like restructuring and reorganizing are stop gap and fleeting solutions. Methods that were popular in the early 1980s (downsizing and mergers) no longer ensure long-term competitiveness, nor do they remedy the inconsistencies caused by knee-jerk reactions. A more focused approach for improving quality and productivity has to be found. One such alternative for increasing competitiveness is to introduce a focused approach to continuous process improvement into service organizations.

Willie L. Carter is the president and principal of Quantum Associates, Inc., Northbrook, Illinois. He is the author of the book "Process Improvement for Administrative Departments- The Key to Achieving Internal Customer Satisfaction", available on Amazon.com. Carter is a Certified Lean Sensei, Certified Manager of Quality/Organizational Excellence, and a Certified ISO 9000 Lead Assessor. For more information on how we help companies create customer value please visit our website at http://www.quantumassocinc.com. Willie can be contacted at wcarter@quantumassocinc.com or by phone at 847-919-6127.

This post was made using the Auto Blogging Software from WebMagnates.org This line will not appear when posts are made after activating the software to full version.

International Service of Process in Europe

The Basics of International Service of Process

There are two main methods to choose from when serving documents on the European Union, both methods, are proposed by the Hague Convention of 1965 and have the same legal value, no hierarchy exist between them, but one is less reliable than the other, the legal effects are basically the same. We propose a third method, a mixture of the above which we call "Hybrid". Any other methods employed are outside the Hague Convention or irregular.

The basic legal methods of the Hague Convention are the following;

One, a public service of the "Judicial Administration" called "Centralized Authority" because it uses the "Government" to transmit documents. Is is intergovernmental, in principle a free service but submitted to economical constrains with high possibilities of no completion.

Two, by the use of a service provider, alternative method, called "decentralized", it can use an "International private process server", "Mail" or "Local Bailiffs"; All under the Hague Convention regulations, Art. 10. It's applicability varies with the country's opposition. As a Private method, it is paid, and therefore submitted to market and quality control.

International Service of Process, by either method, is ruled by two different legal systems, linked by the treaty of the Hague. The main law, called « Lex Fori, » is the law where the documents are issue and where judgment takes place, "Lex fori forum". These rules, govern service of process validity and recognition in the "lex fori forum", but not necessarily its effects and legality in the jurisdiction where documents where served, "Lex loci". Recognition and enforcement by the "Lex loci forum" depend on the respect for internal laws of civil procedure and the procedure of "exequatur" It is then to each "lex fori" and their "foum" to determine their requirements for an "acceptable service" but being their powers limited in space they can not enforce it abroad, so necessarily need to keep in mind that: The act of notification is completed under a different legal system with different exigences, those of a sovereign state which must be taken in consideration, based on International treaties and for future enforcement. Based on International Legal Principles, we can affirm that a "Lex fori forum" can not accept in a procedure a "foreign illegal procedural actuation", an act that violates foreign laws.Oon the other hand the "Lex Loci forum" will not enforce a judgment obtained under these circumstances in. Because of this, you must act in harmony with local codes of procedure and the Hague Convention and not only with your own laws,.or, your liability will be engaged in a Criminal or Civil manner.

The Centralized method seems to be the most appropriate and reliable, but it is not, is not mandatory nor exclusive, as explained by the Hague Convention itself (visit the Department of State's1 web pages for more information). Therefore the "Central Authority" is not the only organ proposed as available to serve documents abroad as is the general believe or as promoted by many translation companies or unscrupulous servers who have created a :"Vox Populi" that takes advantage of ignorance of the treaty, to sell Translations and Apostilles.

Luckily for the legal profession, there are a series of alternatives or decentralized channels, Art. 10 a,b and c of the Convention, often more reliable and always faster and efficient. The method to employ must be in no conflict with the laws of Civil Procedure of both jurisdictions involved and both must be signatory countries as explained in Art. 5,b.: That is a legal harmony of "Lex fori" and "Lex loci". These laws must be applied simultaneously when serving.

All signatory countries have accepted the "Centralized" method and not all accept all the channels of the the "decentralized method". In Europe most countries accept both entirely. The reason is that most people believe that the alternate decentralized method does nor exist. The legal text are not interpreted or applied properly as it ends as a "Fraud to International law" and service is Void or Voidable.

The liberty of method is inspired by "International Civil Procedural Liberty" Convention, as expected by the Hague of 1954 giving flexibility to the Convention of 1965. The evolution of both and their application and Interpretation by jurisprudence has given a positive empiric result. Mondialisation of process, which needed a fast way for Judicial information exchange and judgment that adapts to it. World trade, has opened the door to more efficient and fast ways of litigation and serving process, resulting in a gain of time and money by cutting "Red Tape". Nonetheless, there are limits to this liberty that trensform into critics to the methods and which are based on the need to eliminate some absurds requirements like the risky exam of legality prior to service or the choice given to defendant to refuse service if documents are not translated and the lacunae such as no distinction between service to Individuals or Multinational Companies, Nonresistance of presumptions and many more will see later..

The Hague Convention's Centralized method has, as said many "legal lacunae" or serious defects:, the main one is that is a free governmental service that does not uses a "fast Independent Private Process Server.", as is requested by many courts and litigants, it is defective and often deceptive method. It promotes the use costly translation and the contents of summons is exam for legality before they can be served. These requirements makes it slow and therefore not adapted to modern international litigation. It is also contradictory because under the veil of gratuity there are a series of unnecessary expenses that result in an expensive service, more that using private channels. I consider it promotes unnecessary translations because, if documents are not translated, the defendant can refuse service and in other cases the central authority will not be able to exam their legality, Article 5..

It is advisable not to have the documents translated unless you do it properly with the right qualified professional. As a preventive measure, if you do a translation to avoid "possible" future problems, the translation itself can be easily "questioned" in court during enforcement because European courts only accept as valid translations from tindividuals that give the necessary legal guarantees, either by Certification and/or Registration. Is is considered that only those listed each year by the different Courts or the Foreign Affairs Ministries. do reliable translations. There are other "glitches" that appear at the home Jurisdiction but these can be kept at home.

On the other hand, an essential defect of using the Centralized, is the requirement of an exact address of defendant. A problem, because there is no possibility of "locating a defendant" or "Skip tracing" The Central Authority does not "searches" for Individuals or Corporations. If a defendant changes address or the address is not correct , if he is a tourist or illegal, service is paralyzed and returned, waisting your time and money, sending you back to square one while court time is running. Interesting to mention is the situation of corporations which can change the address of the registered headquarters and do not have an immediate obligation to notify this changes to the Mercantile registry. The central authority will not pay tfor any expenses such as access to a mercantile regustry.

Another defect, is in the requirement for "Personal Private Service", concept that is understood in different ways in different countries: Bailiffs or Local Judicial Officers apply the local Code of Civil Procedure and not the special instructions received from foreign jurisdictions. In practice, what is understood in Common law as "Personal" is understood in Europe as "Substitute" and the problem increases if we distinguish between service to corporations from service to individuals. When servicing corporations, this must be completed in the person of those individuals who have the power to represent the corporation, that is to say the "officers" publicly listed in the mercantile registry. Therefore service to the front desk, secretary, gardener or any employee of a corporation, is "Substitute service". For individuals, most local laws allow officers to leave documents at the address specified or leave a note in the door as equivalent of service. These officers, do not need to understand the hierarchy of the Hague Convention in this sense and what are the "Lex fori Forums" needs . Instructions for service to the central authority, transform into let's do it our legal which is not necessarily valid on the other jurisdiction.

Remark therefore, that the use of "insistence and perseverance" is not possible by the "Centralized method", its efficiency is not good and it is only, by the use of a private personal server that you can achive the best results, have more legal security on service and what is the most relevant, you will be courteous to your adversary and sure of your case.

These above reasons explain why most Common Law Attorneys have used as many many "tricks" as possible or patches to remove these obstacles of the "Central" method, I do not blame them. Sometimes by the use of "an agent" which often is, their local process server, their friendly "tacky" translation company or their neighborhood's Private Investigators. The reality is, that on the long run, not only they have waisted time and money but they are liable of fraud to international law, defamation, Ilegal practice of law,Revelation of Secrets... and to complete the apocalypse, if not prosecuted or challenged, the judgment obtained will not pass "Exequatur".(Enforcement).

No doubt then, that ignoring European laws, rights of image and privacy amongst other can happen and can have undesired consequences. Jurisprudence has considered that services completed this ways as irregular and have engage the liability of the plaintiff.

The "Lex fori forum" and "Plaintiff's Attorney" are obliged ex-lege to respect the lex-loci or the legal requirements of the jurisdiction where documents will be served and these starts at home with confidentiality, secrecy and a proper translation of documents as the basic right of defendant.

Service of Process must protect the defendant abroad. It is my understanding that "Lex fori" process servers, Non Certified Translations Companies, even with offices in Europe and other intruders in the chain of International litigation can severely contaminate a case.

There are, a series of channels in an "alternatives or decentralized method" , more reliable and with more efficient ways to serve, these are replacing the anachronistic central method.

Centralized Service of Process has the following characteristics:

1.Translation: a. High Cost b. Unnecessary c. No distinction between Individuals and Corporations

2.Service Speed: Slow and can paralize eassily

3.Prior Exam of legality a. Slows down b. Contradictory

4.Exact Address

5.Non Personal Service

6.No Courtesy

7.No Confidentiality

8.....

Hague's Alternative method of International Service of Process

The Alternative method is composed by channels , using them has the same legal value and effects as the "Centralized" method, if the country of "Lex Loci" has presented no express opposition to them,.there is no hierarchy between "Centralized" and "Decentralized" methods.

Art. 10 a, Service by a Currier, UPS, Fedex, DHL, Postal, fax, internet (email or messenger), as confirmed by different jurisprudence are not reliable, even if they are contemplated and accepted in some countries. The reason is that they lack of "legal guarantees of delivery of contents" violating the Principle of Contradiction,and Equality in a fair Judgement. These channels can bring the defendant into "defenseless". Therefore they are mostly considered by jurisprudence as "evidence of an address" more than evidence of a Legal Notification. The Hague Convention permits these in Article 10, but they require some logical complements to be "Legally binding" even if the Convention does not indicates those. Indeed, one can serve blanc pages by mail or fax since nobody will check the contents and thereto obtain a judgment by default. Because of this, I recommend a "Certification of Contents" necessary either on the sending Jurisdictions or in the receiving Jurisdiction by a qualified, but done by a qualified professional that has "Public trust" The postal of fax receipt are not an affidavit.

Understand that the objective of service of process abroad is transmitting information, a legal notification to a defendant, inform him of a "cause" in which he is part and which could have serious consequences in his patrimony, rights and obligations as they will in your own jurisdiction. These rights must be respected and protected by the rules of the legal art in order to avoid Arbitrary application of law and fraud to International law. To avoid this, the Hague Convention canalizes these notifications by taking in consideration internal laws Art. 5 but without providing a way to control it or a procedure for appeal..It imposes the protection of defendant's rights and obligations as well as those of the plaintiff but does not says exactly how this could be materialized. Please determine, not if the notification was done but if it was "properly done. Service by mail, fax or email are very fragile channels that must be avoided..

These alternate channels are symbol of the "Liberty of Transmittal" but have enter into excesses, for exqample the email, reason why the decentralized method, has been wrongly understood by many Common law Attorneys,. Translators and Private Agents. This happened because the "mechanism of service" applied and employed has been the "known one" the one that sound logical, unconsciously applied in violation of foreign laws. Professionals have use what they know, as a reflex, they have used the same manners as for their state notifications and have sent abroad a joke. This has resulted, in failure to enforce, impossibility of judgment recovery or simply a challenged of service. A distinction must be made between a banal Service of Process and an International Service of Process and to honor international justice even if the effects of your judgment will remain in your jurisdiction do that international service properly, is just a matter of International legal courtesy.

The philosophy behind and the rational explanation, is that the concept of "Public trust" is very different to each culture and their legal order. Think about that opposite to Europe,- No Governmental Identification Card exist in common law countries, there is no central land and/or property registry, sometimes Notaries are simple individuals, Process Server and/or Translators have minimal requirements. In old and experienced Europe, everything is "suspicious" and therefore surrounded by the maximum guarantees of legal security enforced by the state at "Felony or Criminal level" to avoid any possible "misunderstanding", "fraud","deviation" or "Abuse".

In Europe. service of process, either for internal purposes, European Purposes or for International foreign courts, is considered as a penetration of "Jurisdictional Power", when completed it is actually a "delegation of powers" to the server. In Europe. the monopoly of legal representation, actuation and consultation, has been given, traditionally and since middle ages, to the different "Legal Corporations". Private agents are excluded of these basic requirements.

The legal professional associations are those of "Huissiers de Justice","Procuradores", "Ufficiali Judiciario","Abogados","Avocats","Advogados".... Unlike common law countries where almost anyone mentaly capable can perform these "legal contents and jurisdictional acts". Please, know that only qualified legal professionals can serve properly and legally in most of Europe since are the only professionals, who can offer "Ex-lege" the required and necessary legal guarantees. Service by a "Agent" as known in common law does not exist in Europe nor in the Hague Convention, it has been used but this usage does not rises service by agents to a legal stage.

Logically explained: If any country's laws of Civil Procedure establishes for internal service of process, a procedure that requires guarantees of public trust; given only by the use qualified professionals, how come, for International Service, you can expect to use anyone? An agent? In conclusion: When in Rome, do as the Romans!

We must distinguish between communications to the Central authority or with the Server and notification or service of process to the defendant. One is an organ and the other a defendant. Communication with the Central Authority of to the server can be by any means, even e-mail Also note that the Hague Convention obliges service of process to have two explicit and implicit requirements for acceptance: voluntarily and knowingly. These can be compared to a "bilateral obligation in Civil Law" (See Article 5 (b) alinea of the Hague Convention). Therefore, if the defendant is not "capable to understand" what he is receiving, service is viced and the "Defendant can refuse service". If documents are not translated he is not "capable to understand". The defendant is not sense to know foreign laws or could be economically challenged, but some presumption exist: If the defendant is not served multilingual Attorney at law and advise at the moment of Service or if the documents contain No Legal Notice and etceteras, the defendant is in "Procedural defenseless".and therefore service of process is not valid and useless. . Service to Corporations doing International Business, those under the Hague of 1956 for "Company recognition" it must be presumed that they speak the language of the Jurisdiction in which the carry business and know their laws. The Hague Convention does not distinguishes between services according to defendant; Individual or Corporations. Therefore, I consider the Hague as placing an obstacle in service to corporations, since the plaintiff is oblige to translate the documents. Logically Corporations should never use the central authority, they do not need it.

The Hague Convention indicates "voluntary acceptance" as a condition of service, this does not mean "Refusal at all times and systematically to get civil or commercial impunity". In this sense, service by Certified Mail, email, fax and other unilateral acts of service, which we can be consider as "Adherence" from defendant to service, have the common denominator that the defendant is not accepting voluntarily, since he is receiving something with unknown contents. The contents will discover later and he is accepting first, therefore contradicting the Hague convention confirming this way that these channels as good for a verification of an address but not of service. In conclusion, Certified Mail, email and fax are not proper ways of serving and a Court accepting this kind of service are refusing rights to the defendant except if they are back up by a qualified professional's Affidavit of service.

"Service by Agent" as understood in common law, is not contemplated in the Hague Convention on Service of Process, it is another automatic reflex and has been used by many common law Attorneys. These agent services have required translations of documents because the Agent used, in most cases speaks the language of the Attorney requiring service. Often he is a foreign national in the country of service, sometimes illegal, but in any case not qualify to do this kind of Job. They provide "Shaky" services based on the fact that they speaks the language of the Attorney requiring service and dare to violate all kinds of laws, anyways most of them have nothing to loose..

These "Merchants of Process serving" use translations to increase profit and to reduce the possibility of future challenge of service. In most European countries, it is considered. that "Legal Guarantees", are only given to, and are given by "registered and insured professionals, recognized and controlled by the governments and grouped in special associations or corporations submitted to strict ethics control: These agents are an insult to law and order. The law and confirmed Jurisprudence protects "defendant's rights" against poor « qualities and qualifications » of a "dummy server" or anyone from here or there, an intruder, who for a "fist full of dollars" will issue an affidavit. Therefore service by "Agent" is possible if and only if the Agent to be used is a qualified legal professional in the country of service.

It is a interesting anecdote, that I found an "International service of process company in Spain" that also does "plumbing" services from the same office, a business run by a felon issuing affidavits even to service completed to non existing address or people he never saw.. It is a shame that Justices and Attorneys in North America often, accept, for international service of process, affidavits of persons that do not offer any guarantees or have the essential "Public trust", looking down and with disrespect the rights of defendants and the laws of procedure of a foreign country. Indeed, employing anyone for international service of process, is a disregard on justice and disrespect for International and local law. To serve properly you must respect foreign laws of procedure! You must understand the European concepts involved in a "Procedural Notification" and respect for "Justice".

Finally, art. 10 c, considers as "Agent" a Judicial officer or bailiff. Service by these agent depend on the kind of person to served: Physical or Juridical. In some jurisdictions, serving a corporation must be to a "Registered Officer" as it appears on the mercantile registry of their country or to their legal department or representative and the place of service has to be the registered headquarters otherwise it will be a substitute service (Individuals or Corporations can be served at their Attorney's office). If Individuals, an agent can served them at their home or place of work., but not in a public place.

One excess of the Hague Convention is the requirement for an exact address for service, meaning that the requester must have the exact information. This requirement reduces the rights of the plaintiff since a qualified legal professional acting as agent can complete service to two addresses to avoid impunity of defendants, that is to say, serve the address in the writ of summons and the legal or present address.

Service can be completed by directly instructing a Judicial officer of a Bailiff, article 10 c of the Convention, employing them as organ and as server, but they will issue am "Act" or document in the official language of the country, you will have to pay for a supplent for translation into English language and eventually the legalization of signature. Our Hydrid service take's care of everything.

Please remember, the principle in Europe is the "Protection of the rights and obligations of litigants" by due diligence completed with integrity and by qualified and reliable professional not an "affidavit" obtained in obscure circumstances at any judicial cause price or at justice expense.

Summarizing: The two main methods both have the same legal value within the Hague Convention and no "Hierarchy"exist amongst them, one is bad and the other is worse, they are equally poor, but combining them is possible and results into a more reliable international service:

WARNING: Translations and Apostilles (Legalizations) are not necessary but if you use them remember that the Translator must be "Certified" by the "Foreign Affairs department" or the "Local Appellate or Superior Court". The use of a local Notary Public to certify the signature in a translation does not corrects the errors of "tacky" translations. The use of a non registered "Attorneys at Law" under most jurisdictions of the European Union for acts reserved to the legal profession causes "contamination of your case", engaging your liability: Protecting the rights of litigants is your obligation. Do not use simply anyone willing to issue a statement of service affidavit if not qualified.

Inventing International Service of Process: The Hybrid system

Our "Hybrid system of international personal private service of process" combines, not only "methods", but also the different channels or options of the convention, applied by steps and in less time that the "centralized". The result is a better service that takes the positive side of each method in order to obtain the best legal guarantees: We consider it as "System" , more than a method, please consult us so we can discuss your case service in detail and how our system applies.

The hybrid system for International Service of Process, heals the disadvantages of the Hague Conference's centralized method and the abuses in the use and application of the decentralized alternate method. It is a non complicated service of process having the characteristics of Legality, reliability and fast. On the other hand, the "system" applies the principles of the Hague Convention combined to each jurisdiction, incoming and outgoing, and their respective laws of procedure. The "legal order" is to obtain with the maximum legality and protection of litigants, its main characteristic is that: Service is double, a preliminary International service and an Euro service.

The system provides that the rights of the plaintiff and defendants are guarantee and protected by registered and insured multilingual Attorneys at Law in the country of service. Documents are delivered personally in all confidentiality by a legal professional who will give advise in the language of the defendant, making it comprehensive by giving complete legal notice and explaining how to proceed. All services are completed with mandatory secrecy and neutrality, Courtesy and professionalism under the respect for internal laws of Civil procedure.

The defendant does not have an option to refuse service, or claim to be "unprotected" there is no "a priori" exam of contents or delay, no translation's cost or apostilles, no promises of service but a "Jurisdictional act completed according to local law by a qualified legal professional", Note the advantages;

a. The defendant does not have an option to refuse service, or claim to be "unprotected" b. Liberty to choose process server within the legal profession market value. c. There is no "a priori" exam of contents or delay in exams d. No translation's cost Nor apostilles, stapples,stamps or clips! e. No doubt on delivery of Contents e. Service with "Professional Integrity" f. Customer service and Affidavit in English g. Une of Bailiff when required h. Service is guaranteed in delivery i. Service is guaranteed in court

.....and much more

Our price list, reflect the need of taking in consideration many legal and practical aspects of service in Europe, specially to avoid incidents and possible cchallenge, appellate "quash" proceeding", we provide services that are cheaper than the "Centralized" method and with the same value.

The different classes of service we proposed vary according to the required time for service: Urgent, and each has different protections. We always start by a "Skip Trace or Locate" in order to obtain an exact address as per mandatory requirement of the Hague Convention and to avoid you unnecessary expenses, then we mail a preliminary service of process to verify the address of delivery and physical existence. Our letter, asking for an appointment or an interview and placing ourselves as neutral Attorneys at Law available as required by law to avoid defenseless by counseling the defendant. During the interview, in presence of a local Judicial Officer or Bailiff when required, we verify the identity of the receiver, his knowledge of the language in which documents are written and explain in detail their rights and obligations. All of this procedure is condensed in a Custom made affidavit that is legalized by the Notary Public of the diplomatic representation of the lex fori (That is to say: the Consul).

We hope we will count with you amongst our clients, please visit our website for forms, and do not hesitate to contact us by telephone, from U.S. dial 011 33 4 93 16 27 38 or by email if you have any questions or need written legal advise.

Thanking you in advance for your time and consideration, I am,

Joseph A. de LA CUETARA

Joseph A. de LA CUETARA, Judicial Assistance services in Europe

This post was made using the Auto Blogging Software from WebMagnates.org This line will not appear when posts are made after activating the software to full version.

Planning For Results - A Process Tool To Build A Successful Business

Business Plan:

Proper Planning is an important and effective tool in financing your project or a business, and shaping its future. It is important to understand how planning process and Business Plan can be applied to your business.

"Conversation would be vastly improved by constant use of four simple words: 'I do not know' " - Andre Maurois

Planning is an attribute or character of Management that assists and motivates a leader to make things happen, rather than not doing anything or allowing things to happen. Management may be an individual, family, business owner, principal, or project manager that organizes the finances for a project or business.

"At a presentation I gave recently, the audience's questions were all along the same lines: 'How do I get in touch with venture capitalists? What percentage of the equity do I have to give them?' No one asked me how to build a business!"--Arthur Rock, Founder and Chairman of Intel Corporation.

Surprisingly, many business owners do not consider a Business Plan as an important factor in building the business and raising money. They consider that they might be better of just sketching out basic financial projections. For a start-up project, it is necessary to prepare a full Business Plan. This includes organizing financial with three years of projections and describing detailed goals and strategy and why the business will be successful. It also helps in creating a good impression with stakeholders and lenders/investors. Once a full Business Plan is prepared (which may initially take three to four weeks), it may be appropriate to spend one or two days every few months updating it. This will also assist in evaluating earlier decisions and improving or fine tuning the business model.

A Business Pan is only as good as the quality of efforts that go into the planning process and preparing or documenting the same. In general, a Business Plan is the end result of planning process. Successful planning process involves management in a manner where they take responsibility of the organization's own actions (or in actions) and final results--with a goal to succeed and willingness to take necessary actions that address risks and avoid failure. Business planning requires one to develop goals and strategy that address all probable eventualities or risks that one's business could face in the future. It helps to determine the best number of action-steps necessary for the management to reach its business goals, and avoid, minimize or overcome foreseeable hurdles.

Proper planning is an important and effective tool in building and financing one's project or business and shaping its future.

Business planning consists of two key elements: The Business Planning Process and The Business Plan.

The Business Planning Process:

The Planning Process is a step-by-step approach that helps to build by "thinking-out" management's plan on how to achieve goals or desired outcomes. The professional skills of gathering and analyzing information, setting realistic and challenging goals, how to meet competition in market place, and sound decision-making at every step are utilized in this process. Today's business environment is very competitive and full of uncertainties, so management should pay adequate attention to the Planning Process. This process improves the chances of success for the project as it also minimizes chances of failure.

Management should address a series of relevant questions that help clarify business' past, present situation, the future a business desires, the means of achieving the future, and the systems of organization, delegation and controls or accountability necessary to track and sustain the progress. The Planning Process may require periodic revisions. Management should decide how often it should be revised or updated depending on the value it derives from effort and expenses incurred. As management proceeds through the planning process, it scans through the possible end results of different courses of actions. During this scanning process, management is forced to confront issues relating to the goals, purpose, vision, mission, core values, strategy, customer perception, and priorities of the business.

For example, when developing a Business Plan, management may decide not to invest more than certain amount of capital in the business in order to provide owner(s) adequate resources to pursue family, personal or other investment goals. One must acknowledge that, given the management's decision, it cannot expect to receive the same business development considerations as someone willing to invest triple the amount of capital. Every business may have different goals that will involve investment of resources and sacrifices (opportunity costs). For example, an opportunity or benefit may be lost or "foregone" for the sake of pursuing an alternate use for the same resources. Organizations may sacrifice business success or developmental opportunity, while someone else may sacrifice alternative investment. The business planning process brings these factors in to the deliberations, and realistically assesses the trade-offs necessary for the management team to finalize the business goals.

The Business Plan: The end result of the Planning Process.

The Business Plan is the final document that defines management's perception of the game-plan as of a specific date, and is a final output communicating management's planning process for the project or business. It is a document that states the core assumptions, goals, and strategies that management has decided to pursue by investing the necessary resources in terms of time, financial resources, and action steps that will be necessary to achieve the goals. The business plan is derived from the management's deliberations and the series of final decisions of the planning process. The written Business Plan also serves as an important controlling tool for regularly monitoring actual vs. plan on different parameters and the corrective action to be taken so that the overall success is achieved for the business or project. The parameters that are monitored could be time, cost, resources, quality, Return On Investment, employee morale, etc. Facilitating the planning process that generates the Business Plan requires expertise in both the financial and general aspects of management and the business planning process itself. The value of a Business Plan is in the decisions it influences during the Planning Process as well as the monitoring of progress--ultimately, how cash flows in and out of the business' bank account and achieves the stake holder's objectives over a period.

How I utilized Business Planning:

A company in California manufactured a range of engineering products with a good technology base. However, for various reasons, the business had become stagnant over last few years in terms of revenue and profitability. I evaluated the business model and management infrastructure, and facilitated restructuring of the business with a focus on achieving growth. This planning process involved producing additional revenue streams, improvement of production processes, replacement of machinery, and relocating the plant. The new Business Plan and Presentation Package made it possible to raise additional business loan of $4 million dollars. This was utilized to triple the revenue over a three-year period and also resulted in increasing the number of employees. The business is now on a progressive track, doing well and is expected to achieve its goals.

Mr. Shah is the President of Capital Management Group (CMG) and a Financial Consultant. CMG is a California licensed lender/broker for financing small businesses, business financial advisor, and Business Management Consultant. CMG assists projects and businesses in US as well as international projects. For more details, visit http://www.cm-group.com Mr. Shah can be reached at 714-281-0245 or via email at cm-group@sbcglobal.net

This post was made using the Auto Blogging Software from WebMagnates.org This line will not appear when posts are made after activating the software to full version.

Hiring Brokers or Advisors for the Business Buying Process

The start of the hunt for a business to purchase is a very important time in the process. I would strongly recommend getting help to make your decisions much easier. Business Buying Brokers and Advisors are very useful when you are on the hunt and when you find a viable business fitting the criteria model you have made in your prep work before starting the hunt.

Does every buyer necessarily need help from a Broker or Business Advisor?

If you have already bought a business before then maybe you don't need help. Although it wouldn't hurt to get a second opinion on businesses you are seriously considering purchasing, especially when determining a fair market price.

If you have never bought a business before, it really is a good idea. Once you buy the business, a Business Advisor will really come in handy to help you settle into your new venture quicker and with better success.

Be smart and do not buy a business and expect to know everything and do everything. Plan on sticking to what you know best and get help with everything else until you either learn it, or permanently hire someone to take over the work. Taking on too much will quickly put your new venture into a hole.

Where do I find these professionals?

I would start with asking other business owners you know if they could recommend someone. If this is not possible, ask attorneys or accountants. I would also recommend doing a strong internet search specifically for the following key words "broker help in buying a business" or "business advisor help in buying a business". From the search results, look for one in your local area.

You can technically hire this kind of help from anywhere as long as you don't need them to physically look at the businesses with you. Be prepared to get in touch with a few. You really need to feel comfortable with this person.

Keep in mind that using a Broker that came directly from a listing is OK, but they are really representing the seller more than anything else. With that said, some of the larger Brokerages will actually assign a Broker to you that is really there to help you out but you need to ask how this works on a case by case basis.

Which one is better to go with?

The answer to this question often comes down to plain experience. Obviously a Broker has experience in Buying/Selling a business so this would always be a good idea. Better yet, a Broker that also has business owning/operations experience would really be ideal as far as Brokers go. If you are looking more long term, then finding a Business Advisor that has a background in business buying and selling is the ultimate way to go.

When should I hire one?

That's very simple. As soon as you have performed your prep work, you should look for the proper Broker or Advisor to help you out. Services should be used through the due diligence period. They really aren't needed following that unless you are looking for help with the business after the purchase from an Advisor.

What will they do for me?

Either one can fine tune your business buying criteria from your prep but a Broker is more adept in actually helping you on the hunt or actually performing this service for you. They can also help you search for the right business including soliciting businesses that fit your criteria that are not actually listed as for sale at the time. For the right price, almost any business is for sale so this may be a route you would want to take although it will be a much longer process.

These professional can make sure that a particular business that interests you fits all of your criteria well enough to get more information on it. Remember that you will initially get very little data on the business you are looking at.

Once you sign a non-disclosure, you will get additional information and these professionals will really be able to tell you whether to pursue it or not. If that is the next step, they will be a big help in giving you the right questions to ask the Seller/Broker about the business since this information will be limited financial data and an expanded description in most cases.

Their help in determining a fair market price for the business is the next crucial point. This is where you really can't go wrong with getting help and taking purely personal opinions out of the loop.

Before you get all of the company financial history and dig deep into the operations of the business during the due diligence process, you will need to make an offer on the business, which is why this valuation is needed. This offer is made using a "Letter of Intent", which is an agreement to pay the offered price if the business passes your "test" of contingencies.

A Broker or Advisor can make sure you have a reasonable set of contingency criteria to prove that the business is worth what you are offering. They will assist you in the due diligence process, along with your accountant, to verify that this is the case. Once the business passes muster, the Advisor or Broker has finished their job as far as the purchase is concerned.

How much will it cost?

Well, there are no set prices for this kind of work. Some may work hourly and some on a flat fee with some limitations on length of the contract term or the number of businesses they will look at with you. Others will have a small upfront fee with the rest of the payment tied to the asking price or savings from the original asking price.

It shouldn't surprise you to see prices in the range of $125-$200 an hour or flat rates of $2000 to $4000. Again, if you find a broker directly through a listing, this will be "free" help. You may get lucky and find a gem but you might end up getting what you pay for. Don't forget that a broker that comes from a listing is actually working for the seller since that's who is paying them.

This is a big decision you are making here so this help really is necessary and worth the money if you are serious about purchasing a business. If this seems like too much money to make sure you do things right, then maybe you aren't really ready at this point in time.

Conclusion

One final point about who you choose to help you find the right business and ultimately purchase one. Do yourself a huge favor and do not employ an accountant or attorney as your advisor. Everyone has their place in this process and this is not the one for either of these professions.

Although these professionals are needed in the process and should have experience in business buying/selling procedures, the majority are not qualified, nor do they have the time, to be a business advisor to you. If that was the thought process you had, forget about it right now. I promise you it will not be money well spent.

Please keep in mind that any advice you get from a Broker or Advisor is just that: advice. This is your money, time and effort going into the business you want to find and purchase. All final decisions are yours to make.

Being prepared before even starting your hunt is essential. Getting help doing anything you have not done before is just as important.

George J Sierchio is the owner of Action Business Partners, Inc. & Business-Buying-Help.com Mr. Sierchio has over 14 years of experience building, buying, owning and operating various successful businesses. He is a well known business coach specializing in helping consulting based companies as well as a seasoned business broker helping both buyers and sellers.

For more information on buying businesses visit http://www.acquireo.com/businesses-for-sale-resources/business-buyer-articles.aspx

This post was made using the Auto Blogging Software from WebMagnates.org This line will not appear when posts are made after activating the software to full version.