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Is First Appearance Fee required for Notice of Stay in OC Superior Court?
This seems a little crazy to me.
Why is Orange County different than Los Angeles County and why is the fee different between mailing it in and filing it electronically in Orange County?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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The post was migrated from Yahoo.
Many/all the electronic service providers in state court typically require the filer to check a box authorizing them to advance fees, if any. I don
Do you may need to request the refund.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Mar 27, 2019, at 5:27 PM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
>
> You may want to try filing the notice in debtor's name only, pro se.
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
>
>
> On Wednesday, March 27, 2019, 4:51:19 PM PDT, Shai Oved ssoesq@aol.com [cdcbaa] wrote:
>
>
>
> Another thought is that you serve it but dont file it.
>
> There was a string prior which discussed about the obligation to file the notice of a stay. Under federal law I believe it was up to the Defendant. However, under state law if I recall, it was for the Plaintiff to file once given appropriate notice.
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
> Sent from my iPhone
>
>> On Mar 27, 2019, at 4:40 PM, Shai Oved wrote:
>>
>> I am not sure about Orange County but was able to file in Los Angeles, a notice without paying a first appearance fee.
>>
>> You may want to file a request for refund. It is a little unfair to have to pay to file a document (period). Then have to pay to file a request for refund.
>>
>> Very truly yours,
>> Shai Oved
>> The Law Offices of Shai Oved
>> 7445 Topanga Cyn. Blvd., Suite 220
>> Canoga Park, California 91303
>> Tel: (818) 992-6588
>> Fax: (818) 992-6511
>> Email: ssoesq@aol.com
>> www.shaioved.com
>> ________________
>> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>>
>> Sent from my iPhone
>>
>>> On Mar 27, 2019, at 4:24 PM, 'Gary R. Wallace' garyrwallace@ymail.com [cdcbaa] wrote:
>>>
>>>
>>> I just used a mandatory third party electronic filing service to file a mandatory state court form Notice of Stay (for a ch 7 bk) in a pending OC Superior Court case. A default judgment was previously entered and an ORAP was scheduled, hence the need to file the Notice of Stay (in addition to separately emailing plaintiff's counsel). The form was properly prepared and attached the Notice of BK issued from the BK court. I am now informed that a $435 first appearance fee has been charged for this filing. This charge seems unfair and unnecessary, and I have never before been required to pay such a fee simply to alert the other parties and court to the existence of the bankruptcy. In the past, I have simply presented it to the court clerk in the department where the action was pending. The mandatory electronic filing requirement has changed that. What if the debtor has a large number of pending state court actions?
>>>
>>> This seems grossly unfair and unjustifiable from a judicial administration standpoint. Do we now have to charge our clients substantial extra sums up front for these filings?
>>>
>>> Thoughts please?
>>>
>>> Gary R. Wallace
>>> Law Office of Gary R.. Wallace
>>> 10801 National Boulevard, Suite 100
>>> Los Angeles, CA 90064
>>> Email: garyrwallace@ymail.com
>>> Office: (310) 571-3511
>
>
ssoesq@aol.com> wrote:
The post was migrated from Yahoo.
Another thought is that you serve it but dont file it.
There was a string prior which discussed about the obligation to file the notice of a stay. Under federal law I believe it was up to the Defendant. However, under state law if I recall, it was for the Plaintiff to file once given appropriate notice.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Mar 27, 2019, at 4:40 PM, Shai Oved wrote:
>
> I am not sure about Orange County but was able to file in Los Angeles, a notice without paying a first appearance fee.
>
> You may want to file a request for refund. It is a little unfair to have to pay to file a document (period). Then have to pay to file a request for refund.
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
> Sent from my iPhone
>
>> On Mar 27, 2019, at 4:24 PM, 'Gary R. Wallace' garyrwallace@ymail.com [cdcbaa] wrote:
>>
>> I just used a mandatory third party electronic filing service to file a mandatory state court form Notice of Stay (for a ch 7 bk) in a pending OC Superior Court case. A default judgment was previously entered and an ORAP was scheduled, hence the need to file the Notice of Stay (in addition to separately emailing plaintiff's counsel). The form was properly prepared and attached the Notice of BK issued from the BK court. I am now informed that a $435 first appearance fee has been charged for this filing. This charge seems unfair and unnecessary, and I have never before been required to pay such a fee simply to alert the other parties and court to the existence of the bankruptcy. In the past, I have simply presented it to the court clerk in the department where the action was pending. The mandatory electronic filing requirement has changed that. What if the debtor has a large number of pending state court actions?
>>
>> This seems grossly unfair and unjustifiable from a judicial administration standpoint. Do we now have to charge our clients substantial extra sums up front for these filings?
>>
>> Thoughts please?
>>
>> Gary R. Wallace
>> Law Office of Gary R. Wallace
>> 10801 National Boulevard, Suite 100
>> Los Angeles, CA 90064
>> Email: garyrwallace@ymail.com
>> Office: (310) 571-3511
>>
ssoesq@aol.com> wrote:
The post was migrated from Yahoo.
I am not sure about Orange County but was able to file in Los Angeles, a notice without paying a first appearance fee.
You may want to file a request for refund. It is a little unfair to have to pay to file a document (period). Then have to pay to file a request for refund.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Mar 27, 2019, at 4:24 PM, 'Gary R. Wallace' garyrwallace@ymail.com [cdcbaa] wrote:
>
> I just used a mandatory third party electronic filing service to file a mandatory state court form Notice of Stay (for a ch 7 bk) in a pending OC Superior Court case. A default judgment was previously entered and an ORAP was scheduled, hence the need to file the Notice of Stay (in addition to separately emailing plaintiff's counsel). The form was properly prepared and attached the Notice of BK issued from the BK court. I am now informed that a $435 first appearance fee has been charged for this filing. This charge seems unfair and unnecessary, and I have never before been required to pay such a fee simply to alert the other parties and court to the existence of the bankruptcy. In the past, I have simply presented it to the court clerk in the department where the action was pending. The mandatory electronic filing requirement has changed that. What if the debtor has a large number of pending state court actions?
>
> This seems grossly unfair and unjustifiable from a judicial administration standpoint. Do we now have to charge our clients substantial extra sums up front for these filings?
>
> Thoughts please?
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 10801 National Boulevard, Suite 100
> Los Angeles, CA 90064
> Email: garyrwallace@ymail.com
> Office: (310) 571-3511
>
The post was migrated from Yahoo.