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THE LEGAL CONNECTION NETWORK

What is an Unlawful Detainer Assistant (UDA)?

Friday, May 27, 2022 1:10 PM | Anonymous

An Unlawful Detainer Assistant (UDA) is an individual bonded and registered to render assistance or advice in the prosecution or defense of an unlawful detainer (eviction) claim or action, including any bankruptcy petition that may affect the unlawful detainer claim or action for compensation. (BPC 6400 (a))

While the UDA has more leeway in terms of services they can provide in eviction cases, UDAs do not have the same educational requirements of Legal Documents Assistants (LDAs). (BPC 6402.1)

The Business Profession Code pertaining to Legal Document Assistants (LDAs) is interspersed with those applying to UDAs. Some laws applying to both UDAs and LDAs while some only apply to one or the other, not both. (California Business Professions Code DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415])

The UDA contract requirements are listed in Title 16 of the California Code of Regulations, Section 3890. For a sample Unlawful Detainer Assistant Standard Contract click here.

(a) Every unlawful detainer assistant as defined in subdivision (a) of Section 6400 of the Business and Professions Code who enters into a contract or agreement with a client to provide services shall complete the standard form contract specified in subdivision (b). Upon execution of the contract by all parties, and prior to providing any service, the unlawful detainer assistant shall give a copy of the contract to all client parties. The contract shall be in English and in any other language understood by the client and principally used in any oral sales presentation or negotiation leading to execution of the contract. The unlawful detainer assistant shall be responsible for translating the contract into any language other than English principally used in any oral sales presentation or negotiation leading to execution of the contract, and shall give all client parties copies of both the fully-executed English-language version of the contract and the foreign-language translation of it before any service has been provided.

(b) Unlawful Detainer Assistant Contract for Services.

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