Legal Document Assistant/Unlawful Detainer Assistant

The County Clerk is responsible for determining the acceptability, not the legal sufficiency of documents presented for filing. Questions regarding the legal sufficiency of any document should be referred to an attorney.

The following is a short summary of Business and Professions Code. Complete code

A Legal Document Assistant, and an Unlawful Detainer Assistant, must be registered in the county in which the principal place of business is located (deemed primary registration), and in any other county in which the person performs acts for which registration is required (deemed secondary registration).

How to obtain this service…

To file your registration for Legal Document Assistant, Process Server, Unlawful Detainer Assistant, Professional Photocopier, complete the: Special Registration Application

The Recorder-County Clerk’s office processes these registrations by certified mail only.

Legal Document Assistant and Unlawful Detainer Assistant Requirements

The applicant shall possess at least one of the following and provide all supporting documentation:

• A high school diploma or general equivalency diploma, and either a minimum of two years of law-related experience under the supervision of a licensed attorney, or a minimum of two years’ experience, prior to January 1, 1999, providing self-help service.
• A baccalaureate degree in any field and either a minimum of one year of law-related experience under the supervision of a licensed attorney, or a minimum of one year of experience, prior to January 1, 1999, providing self-help service.
• A certificate of completion from a paralegal program that is institutionally accredited but not approved by the American Bar Association, that requires successful completion of a minimum of 24 semester units, or the equivalent, in legal specialization courses.
• A certificate of completion from a paralegal program approved by the American Bar Association.
• To be eligible to renew registration under this chapter, the registrant shall complete 15 hours of continuing legal education courses, which meet the requirements of Section BPC6070, during the two-year period preceding renewal (Effective January 1, 2016).

Bond

A bond in favor or the County of San Bernardino or cash deposit (cash deposit to be retained for three years following expiration of registration) is required in order to register as a legal document assistant or unlawful detainer assistant.

Registrant must contact an insurance or surety company in order to obtain a bond in favor of San Bernardino County, State of California.

The bond must be valid for the two-year term of the registration and show a starting and ending date (do not confuse a surety bond with an errors and omissions policy).

Amount required:

• $25,000 for 1-4 assistants
• $50,000 for 5-9 assistants
• $100,000 for 10 or more assistants

A separate bond is required for each type of registration (Legal Document Assistant or Unlawful Detainer Assistant).

Valid, government issued, photo identification

Photographs (1 ¼” x 1 ¼”)

One (1) passport size or smaller photograph for each I.D. card (corporation and partnership registrations are exempt from the photo requirement).

Duration of Certificate of Registration

A certificate of registration shall be effective for a period of two years or until the date the bond expires, whichever occurs first. A certificate of registration may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, whichever occurs first.

Place of Filing

The filing is in the county in which the principle place of business is and where he or she maintains a branch office.

Disqualifications

An applicant will be denied registration or renewal of registration if the applicant has been any of the following:

• Convicted of a felony or of a misdemeanor, held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice.
• Convicted of a misdemeanor violation of this chapter.
• Had a civil judgment entered against him or her in an action arising out of the applicant’s negligent, reckless, or willful failure to properly perform his or her obligation as a legal document assistant or unlawful detainer assistant.
• Had his or her registration revoked.

An applicant shall be denied registration if the applicant has had a disqualifying event. Those applicants who have been denied registration may appeal to the Director of the Department of Consumer Affairs after obtaining the denial notice from the County Clerk’s Office.

To be eligible to renew registration, registrant shall complete 15 hours of continuing legal education courses during the two-year period preceding renewal.