Terms & Conditions

We affirmatively believe in the old-fashioned values and appreciation that come with being up front and having a mutual understanding of what can be expected or not expected. As a result, we are opting to put our terms and conditions up front and easily accessible, instead of in ‘fine print’ at the bottom, so that you can readily understand what you may expect and not expect. Some expectations are from you to us; and some expectations are from us to you.

Please, carefully, read them, so that you can understand what we can offer to you and what we cannot offer or guarantee to you. If you have questions, we are always happy to talk with you. We consider ourselves to be a client-based company, and we strive to improve with feedback.

Instructions

You are responsible for clearly instructing Lilly’s Process Service as to exactly what work we are to do for you. This is the only way we can ensure that we understand your needs and can deliver a high quality work product. For example, if you wish to limit or specify certain records that are to be produced to you, it is your responsibility to inform us of the nature of the limitation or the specific records desired. If you wish to coordinate a certain date of service of a Levy, you need to let us know in advance, so that we can determine whether we can meet that desire and work with you accordingly.

Cancellations

In the event of cancellation, we will cease working on your request, transmit appropriate cancellation notices (when applicable – primarily for subpoenas), and you will only be invoiced for the work spent up to that time.

Change Orders

If, after Lilly’s Process Service begins work on your request, you decide that you want the work done differently than as specified in the original instructions, then you are responsible for providing us with revised or amended instructions. If Lilly’s Process Service incurs costs in conjunction with revised/amended/new instructions, whether through re-work, abandoned work, or additional work, then you are responsible for any additional charges consistent with the new work.

Subpoenas

Lilly’s Process Service cannot guarantee that a custodian of records will make records available. If the records are made available, we will use our best efforts to assure their production within 2-5 working days. If the records have already been produced, Lilly’s Process Service will make every effort to retrieve and produce a duplicate set from its archives within the same time frame. If a custodian refuses to produce records, or a consumer files objections, it would be your responsibility to timely file the appropriate motions, RFOs, OSCs, etc, to compel compliance or overrule/quash objections.

Certificate of No Records (Subpoenas)

A flat-fee of $30 will be charged for a certificate of no records.

Enforcements

Lilly’s Process Service cannot guarantee that any particular mode or method of enforcement will yield particular or total results. For example, if there are no, or limited, funds in a bank account, we cannot guarantee that a bank levy will result in you receiving the sum of your execution. Similarly, we cannot guarantee that a wage garnishment will be effective, for example, in cases where the Debtor already has existing wage garnishment(s) which may have a “higher priority” over your garnishment. We can do our best to explain the enforcement process, but we cannot make guarantees.

Fees

Unless otherwise agreed in writing, you will pay Lilly’s Process Service according to the fee schedule in effect on the date the request is placed. Our fee schedules are posted to our website in html and PDF formats. In the event that our pricing changes at any time, between when the request is placed and when the particular service is effectuated, we will not charge the increase of our fees. Note, however, that fees or deposits that are increased by the Court, Clerk, Recorder, Sheriff, or any other outside agency are not within our control and, as a result, if an order is placed during such a narrow time period, we may have to increase the originally anticipated cost for such expense/fee to the actual cost of such fee/expense, as increased by the outside agency. This is only typical to increased filing fees, sheriff’s fees, recorder’s fees, and the like. Generally, such fee increases, as by the State or County agencies, occur during the June/July timeframe and on January 1st.

Payment (Attorneys)

Payment is due for goods and services by the due-date stated on the invoice, which will never be less than 15 days from the date of the invoice.

Payment (Self-Represented Parties)

Payment is due for goods and services by the due date stated on the invoice, which will never be less than 15 days from the date of the invoice. If you are self-represented, Lilly’s Process Service, typically, will require an advanced deposit/payment, based on the services requested. A “deposit” is not a flat fee – fees and costs will be billed against a deposit in accordance with the fee schedule in effect at the time the request for services is placed – after such fees and costs are billed against a deposit, you may be due a refund or additional fees may be due to us, depending on various factors, including, for example, the volume of the records produced. At this time, Lilly’s Process Service is not offering Enforcement of Judgment services to self-represented litigants.

Late Charges

The price agreed by Lilly’s Process Service for your requested work is agreed to with the understanding that the invoice will/would be paid within the time specified in the payment terms above. We believe that our fees are generally less than other companies offering similar services and, thus far, our clients have appreciated this factor and, inasmuch, generally pay invoices timely. As such, we are opting to continue to not charge late fees at this time. If, in the future, clients become routinely delinquent on unpaid invoices, we may opt to change this policy, in which case we will revise our terms and conditions and post them accordingly.

Reasonable Declination or Accommodation for Services Requested

We reserve the right to decline requested services to anyone, at any time, for legal or business-related reasons, including, for example, serious delinquency, conflicts of interest, and/or ethical purposes. If the reason for declining services is for delinquency of invoices, we may opt to request a deposit that would be not less than the amount(s), then, delinquently owing for past due invoices, commencing with the oldest delinquent invoice. Upon conclusion of the newly/currently requested service, we would, then, apply the deposit to that invoice. If, after satisfaction of prior invoices and current invoice(s), there are any funds remaining from the deposit, the remaining balance will be refunded within 10 Calendar days. On the other hand, if, after satisfaction of prior invoices and current invoice(s), there are any amounts, thereafter, owing, the remaining balance owed will be invoiced and paid accordingly.

Limitations of Liability

Recovery on any claim shall be limited to the dollar value of the contract. The contract is comprised of the STANDARD TERMS & CONDITIONS in effect at the time of placing the request for service, the PRICING LIST in effect at the time of placing the request for service, and the REQUEST FOR SERVICES actually submitted, including the date of the service-request.

Exclusions of Certain Types of Damages

You and Lilly’s Process Service agree that, except as may be explicitly provided under applicable laws, neither party shall be liable to the other for any indirect, incidental, consequential, special, punitive, or exemplary damages.

Attorney’s Fees & Costs of Suit

In any dispute between you and Lilly’s Process Service arising from this contract, the prevailing party shall be entitled to recover reasonable fees and costs in enforcing/defending this contract, including attorney’s fees and costs, Clerk’s Fees, and Process Service Fees.

Waiver

If, at any time, Lilly’s Process Service’s services do not conform to your expectations, you must notify us in writing, within a reasonable time, not to exceed 10 days, stating the precise nature of your grievance. Your failure, for any reason, to provide such written notice shall constitute a waiver of any and all claims based on such non-conformity, and no evidence of such non-conformity shall be admissible in any legal proceeding unless first offered by Lilly’s Process Service.

Disclaimer of Warranty

Lilly’s Process Service disclaims all implied warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those made in these Standard Terms and Conditions. Certain State laws may not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimer may not apply to you and you may have additional rights.

Arbitration

You and Lilly’s Process Service agree that any controversy or claim arising out of, or related to, this contract, or the breach thereof, shall be decided by binding arbitration through, either, the American Arbitration Association or JAMS. Any such arbitration shall solely be brought within the Counties of Calaveras, Amador, Tuolumne, or Sacramento, State of California.

Exception to Arbitration

You or Lilly’s Process Service may waive arbitration, for the purposes of bringing an action in small claims court. Any such action brought in small claims court shall solely be filed/brought in Calaveras County, State of California.

Governing Law

This Contract shall be governed and construed with the laws of the State of California, without regard to its conflicts of law provisions. You agree to waive any and all objections that you may have to California law as the governing law and to the sole and exclusive venue being Calaveras County, State of California.

Signatures

Fax and emailed signatures shall be deemed original, and shall have the same force and effect as original signatures. Requests submitted via Internet shall also constitute an agreement by way of signature with the “signature” of the requesting party being substituted by, and inferred from, their electronic mail address. Contracts or agreements between us may, also, be executed in counterparts, each of which when executed and delivered shall together constitute one and the same instrument.