San Bernardino County 

Assessor-Recorder-County Clerk

       
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Legal Document Assistant/
Unlawful Detainer Assistant

(Business and Professions Code Sections 6400 - 6415)


County Clerks are 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.

Definition:
      •  Legal Document Assistant:
  √ Any person who provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing themselves in a legal matter, or who holds themselves out as someone who offers that service or has that authority. This shall not apply to any individual whose assistance consists merely of secretarial or receptionist services.
  √ A corporation, partnership, association, or other entity that employs or contracts with any person not exempted under Business and Professions Code Section 6401 who, as part of his or her responsibilities, provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing himself or herself in a legal matter or holds himself or herself out as someone who offers that service or has that authority.
 
      •  Unlawful Detainer Assistant:
  Any individual who for compensation renders assistance or advice in the prosecution or defense of an unlawful detainer claim or action, including any bankruptcy petition that may affect the unlawful detainer claim or action.
 
Place of filing:
The county in which his or her principal place of business is located (deemed primary registration), and in any other county in which he or she performs acts for which registration is required (deemed secondary registration). Any registration in a county, other than the county of the person's place of business, shall state the person's principal place of business and provide proof that the registrant has satisfied the bonding requirement of Business and Professions Code Section 6405.
 
Disqualifications: (pursuant to Business and Professions code section 6406(b), (1 through 5) : An applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1) Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2) 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.
(3) Convicted of a misdemeanor violation of this chapter.
(4) 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.
(5) Had his or her registration revoked pursuant to Section 6413.
 
Note: In accordance with Business and Professions Code Section 6406(b), 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.
 
Registration Requirements:
1. Complete registration form
  1. Unlawful Detainer Assistant – completed and signed under penalty of perjury.
    1. UDA Registration - Corporation
    2. UDA Registration - Individual
  2. Legal Document Assistant – completed and signed under penalty of perjury.
    1. LDA Registration - Corporation
    2. LDA Registration - Individual
    3. To be eligible to apply for registration as a legal document assistant, the applicant shall possess at least one of the following and provide all supporting documentation:
      1. 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.
      2. 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.
      3. 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.
      4. A certificate of completion from a paralegal program approved by the American Bar Association.
2. 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).
  1. Amount required:
    1. $25,000 for 1-4 assistants
    2. $50,000 for 5-9 assistants
    3. $100,000 for 10 or more assistants
  2. A separate bond is required for each type of registration (legal document assistant or unlawful detainer assistant).
  3. If you are applying for registration in more than one county, you must provide a certified copy of the original bond from the primary county of registration. The term of registration will be the remaining balance of term of coverage of the primary county bond.
3. Valid, government issued, photo identification
4. 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)
5. Fees:
Unlawful Detainer Assistant or Legal Document Assistant filing $180.00
File Bond $ 25.00
I.D. cards (each additional after first) $ 10.00
Record the bond (1st page) $ 15.00
Record the Bond (each subsequent page after 1st) $  3.00
 
Note: Fees subject to change, please refer to current Fee Schedule
 
6. Appointment - Please call (855) 732-2575 (REC-CLRK) to schedule an appointment to appear in person in the County Clerk's Office with all requested items listed above. Appointment hours are Monday-Friday, 8:00 am - 3:30 pm (excluding holidays).
 
Office location - San Bernardino County Recorder-Clerk
222 W. Hospitality Lane, 1st Floor
San Bernardino, CA 92415-0022
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.
 
The above information is subject to change.