Skip to main content

Can an individual or process server provide eviction / legal services at a fee?

Murrieta, CA |

An "individual" who fraudulently served & filed POS-010 & other judicial council forms is illegally selling eviction/ legal services at $200-600.+ via internet since 2010 in violation of B&P Code 6125; 6126. He posted "Don't pay outrageous Atty.Fees" & offer full service eviction from process service 2Court visits. Is he allowed to sign for d Plaintiff or Defendant? i believe it's forgery in violation of PC 470(d), a Felony.

Because he misrepresented and used his address, phone no. & sign / copy / paste d Plaintiff's signature on Judicial council forms to make it appear as if it's true when in fact it was false, is it considered Identity theft, false personation, filing false or forged instrument, prepared false documentary evidence and perjury by his deliberate actions in order to get a Court Order/ Judgment in his client's favor? Should I report him to the Police or DA?

Attorney Answers 3

  1. If you have evidence of a crime, report it to the police.

    Also, if you believe a person is practicing law without a law license, report that to the California Bar.

    Good luck.

  2. No.

    If you believe this individual is engaged in the Unauthorized Practice of Law, report the UPL to the California State Bar.

    If you believe the individual is also committing crimes such as forgery, then report it to your local law enforcement agency.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  3. Engaging in the practice of law without a law license is a crime. The District Attorney of your county or the Attorney General of California has jurisdiction to charge and prosecute violators of that offense.

    Simply providing forms and assisting in the filling out of forms is as far as any non-attorney can go in helping "clients" with their legal matters. Giving advice about what various items on the form mean, or advising on the effect of various laws are a violation of law for a non-licensed person. Appearing on behalf of another in court is strictly forbidden.

    If you have become aware of criminal conduct by a person or company engaged in the unauthorized practice of law, you have the right to report that violation to the authorities.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics