Removing a CalPERS Claim

If a formal claim has been placed on a member’s CalPERS account in anticipation of a community property award for a family law case it must be formally removed. It most commonly happens when a judgment is filed that divides an account or when the case is dismissed. Below is a general list of ways to remove a claim on a CalPERS account.

Request for Dismissal: If a member’s CalPERS account has a claim resulting from a filed and served Joinder but a judgment has not been filed, CalPERS requires a “Request for Dismissal”. Judicial Counsel form CIV-110 is commonly used […]

Placing a Claim on a CalPERS Account

Retirement accounts are often an issue in the process of a divorce or legal separation. For those people who have CalPERS accounts and want to place a hold or freeze the account during the family law case CalPERS accepts several different types of “Claims” to do so. Once CalPERS receives a claim on a member’s account, a hold in placed on it until the community property issue has been resolved. Below is a general list of the types of claims CalPERS accepts.

A Joinder: This is a very common method of claiming an interest on a CalPERS account. This is a […]

CalPERS Joinder

CalPERS Joinder Overview
A joinder is a powerful set of documents that serves as notification to a retirement/pension plan of a family law court case, joins the plan to the case, and freezes a member’s account.  There are multiple steps to process the joinder start to finish as listed below in a general procedural overview.
CalPERS  & Joinders: CalPERS accepts different types of notifications or claims regarding a division of pension accounts, the most common of which is a Joinder. As stated in “A Guide to CalPERS Community Property” publication 38A, December 2012 version, CalPERS cannot be legally bound to enforce a […]

Our Three Kinds of Clients – Which Kind Are You?

Each and every one of our legal document clients, past, present and future can easily be classified into one of three distinct categories. Depending on which category they fall in, determines how they handle their legal issues, and why they call us for help. Knowing which type of client they are makes it easy to predict their future because each type has a very different and sure outcome. Each of our clients is either proactive, reactive or inactive.
Our proactive client is the one who plans and does something ahead to time to avoid or at least significantly minimize future problems. […]

Free Online Forms Can Actually Cost Thousands Of Dollars, by Joel Smith LDA

Free Online Forms Can Actually Cost Thousands
With the increasing availability of legal resources online, more and more people are turning to generic “fill in the blank” forms as a substitute to having professional legal documents prepared by a bonded and registered legal document assistant. Sometimes, these legal forms can provide a cost effective way to accomplish simple tasks, but more than often cause more problems than if the forms were never prepared. The problem occurs because many internet sites offer a basic version of forms that are not specific to, or do not meet requirements of the state the person […]