
Answers to Frequently Asked Questions
What is a Legal Document Assistant (LDA)?
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A LDA is an experienced professional who is authorized to prepare legal documents for a client, but only at the direction of the client. In other words, a LDA is there to assist the “self-help” client in handling their own legal matters without the cost of an attorney. LDA's can provide invaluable assistance with routine legal tasks, such as typing and filing the paperwork for uncontested divorces, bankruptcies, wills, and many other types of documents. It is forbidden for any LDA to practice law of any sort, they cannot make suggestions as to what the client needs done for a particular matter, or what forms that the client must file. Business and Professions Code 6400
What is the advantage of hiring an LDA?
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LDAs provide a low-cost alterative to hiring an attorney for routine paperwork.
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In many cases, one visit will usually be sufficient for you to be able to handle most matters.
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LDAs will provide you with top-quality legal typing assistance.
Are there additional costs that can be incurred that are not included in my document preparation?
Yes, there could be additional fees when filing documents. The following are typical fees that are associated when filing legal documents:
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Court Filing Fees
Recording Fees
Secretary of State Fees
Process Server Fees
Court Courier Fees
Newspaper Publication fees
Notary Fees (We do not notarize documents that we have prepared; we can refer you to another independent notary to complete your document)
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After I receive my documents, what is the next step?
Once you receive your final documents they will be ready to sign and file with the respective entity. You will receive step-by-step instructions with your final documents. If at any time you have questions, we are more than happy to walk you through the process.
If a document needs to be notarized, we can refer you to an independent notary.
What does a notary public notarize?
A notary public notarizes any document in which an originator needs to ensure the integrity of the signer. A notary public verifies the identity of the signer, and that they are signing knowingly and willingly. This process helps deter the fraudulent execution of documents.
Can a notary notarize if the signer is not present?
If a person, called the principal, has signed a document, but cannot personally appear before a notary public, another individual can appear on that principal's behalf to prove the execution by the principal. That person is called a subscribing witness. (Civil Code section 1195)
A proof of execution by a subscribing witness cannot be used in conjunction with any Power of Attorney, Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, Grant Deed document (other than a trustee's deed or deed of reconveyance), any instrument affecting real property, nor any document requiring a notary public to obtain a thumbprint in the notary public journal from the party signing the document.(Government Code section 27287, Civil Code section 1195)
Can a notary refuse service?
A notary public may refuse to perform a notarization if he or she cannot be certain of a prospective signer’s identity, willingness, or understanding of what is happening at that moment. In addition, a notary may not notarize a document in which he or she has a financial interest.
What are suitable forms of identification to get my documents notarized?
These paper identification documents must be current or have been issued within the previous five years pursuant to California Civil Code section 1185(b)(3).
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An identification card or driver’s license issued by the California Department of Motor Vehicles;
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A United States passport;
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An inmate identification card issued by the California Department of Corrections and
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Rehabilitation, if the inmate is in custody in prison; or any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility.
The following documents must contain a photograph, description of the person, signature of the person, and an identifying number:
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A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship;
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A driver’s license issued by another US state or by a Canadian or Mexican public agency authorized to issue drivers’ licenses;
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An identification card issued by another US state;
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An identification card issued by any branch of the Armed Forces of the United States ;
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An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in California;
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An identification card issued by a federally recognized tribal government.
