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Possible referral; student loan issues (200k); son
Interesting fact pattern. I'd definitely have him file an identity theft
report asap, and give notice to the creditors. How and when did the loan
company get the judgment? It sounds to me like a private money lender, so
they may be reachable under rosenthal (or fdcpa by debt collector), but
setting aside the prior judgment would be priority. If he was improperly
served, then there may be a chance of getting the case back at issue. If he
was properly served, I'm not sure what can be done, esp. if the judgment was
entered beyond the set aside or appeal time limit in Texas. You probably
need more facts in order to determine whether it is worthwhile. Just my 2
cents here.
Jacob D. Chang, Esq.
Law Offices of Jacob D. Chang
1600 Wilshire Boulevard, Third Floor
Los Angeles, CA 90017
Tel: (213) 252-4440
Fax: (213) 738-1116
Email: jacobchang.esq@gmail.com
Please kindly consider the environment before printing this e-mail.
Note: This electronic mail is intended to be received and read only by
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On Mon, Mar 8, 2010 at 4:58 PM, Daniela Romero wrote:
>
>
> Hi all,
>
> Potential referral here. I haven't met with the person yet (referral from
> attorney friend), but here are the basic facts. Father and son have same
> name. Father cosigns on $26,000 student loan. Son then, over several years
> time forges fathers name on several other student loans. Loan company gets
> judgment for approximately $200,000. Father does not know where son is
> currently and father willing to file police reports regarding the
> forgeries. Father was living in Texas while this happened and I'm not sure,
> but the judgment is probably from Texas. Father recently returned to the
> South Pasadena area (within last year). He stopped working because he felt
> he was being buried in debt. He is now living with his parents and they are
> willing to help him sort through this mess.
>
> This will be a referral, however, I have a general question regarding the
> underlying fraud and whether that is something that should be taken care of
> prior to bankruptcy filing, or whether it is something that would best be
> taken care of in the bankruptcy.
>
> Thanks in advance,
>
> Daniela P. Romero
> Law Office of Daniela Romero, APLC
> 1015 N. Lake Ave., Ste. 115
> Pasadena, CA 91104
> Telephone:626-817-2611
> Facsimile: 626-628-1781
> email: dromerolaw@gmail.com
>
> NOTICE: This E-mail (including attachments) is covered by the Electronic
> Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein
> is confidential, privileged & exempt from disclosure under applicable law.
> This E-mail (including attachments) are intended solely for the use of the
> addressee hereof. If you are not the intended recipient of this message,
> you are prohibited from reading, disclosing, reproducing, distributing,
> disseminating, or otherwise using this transmission. The originator of this
> e-mail and its affiliates do not represent, warrant or guarantee that the
> integrity of this communication has been maintained or that this
> communication is free of errors, viruses or other defects. Delivery of this
> message or any portions herein to any person other than the intended
> recipient is not intended to waive any right or privilege. If you have
> received this message in error, please promptly notify the sender by e-mail
> and immediately delete this message.
>
> To comply with IRS regulations, we advise you that any discussion of
> Federal tax issues in this e-mail was not intended or written to be used,
> and cannot be used by you, (i) to avoid any penalties imposed under the
> Internal Revenue Code or (ii) to promote, market or recommend to another
> party any transaction or matter addressed herein.
>
>
>
Interesting fact pattern. I'd definitely have him file an identity theft report asap, and give notice to the creditors. How and when did the loan company get the judgment? It sounds to me like a private money lender, so they may be reachable under rosenthal (or fdcpa by debt collector), but setting aside the prior judgment would be priority. If he was improperly served, then there may be a chance of getting the case back at issue. If he was properly served, I'm not sure what can be done, esp. if the judgment was entered beyond the set aside or appeal time limit in Texas. You probably need more facts in order to determine whether it is worthwhile. Just my 2 cents here.
Jacob D. Chang, Esq.Law Offices of Jacob D. Chang1600 Wilshire Boulevard, Third FloorLos Angeles, CA 90017Tel: (213) 252-4440Fax: (213) 738-1116Email: jacobchang.esq@gmail.com
Please kindly consider the environment before printing this e-mail. Note: This electronic mail is intended to be received and read only by certain individuals. It may contain information that is attorney-client privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you have received this in error, please notify me by replying and then delete both the message and reply. Thank you.
On Mon, Mar 8, 2010 at 4:58 PM, Daniela Romero <dromerolaw@gmail.com> wrote:
Hi all,Potential referral here. I haven't met with the person yet (referral from attorney friend), but here are the basic facts. Father and son have same name. Father cosigns on $26,000 student loan. Son then, over several years time forges fathers name on several other student loans. Loan company gets judgment for approximately $200,000. Father does not know where son is currently and father willing to file police reports regarding the forgeries. Father was living in Texas while this happened and I'm not sure, but the judgment is probably from Texas.s now living with his parents and they are willing to help him sort through this mess.
This will be a referral, however, I have a general question regarding the underlying fraud and whether that is something that should be taken care of prior to bankruptcy filing, or whether it is something that would best be taken care of in the bankruptcy.
Thanks in advance,Daniela P. RomeroLaw Office of Daniela Romero, APLC1015 N. Lake Ave., Ste. 115Pasadena, CA 91104Telephone:626-817-2611Facsimile: 626-628-1781email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein is confidential, privileged & exempt from disclosure under applicable law. This E-mail (including attachments) are intended solely for the use of the addressee hereof. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating, or otherwise using this transmission. The originator of this e-mail and its affiliates do not represent, warrant or guarantee that the integrity of this communication has been maintained or that this communication is free of errors, viruses or other defects. Delivery of this message or any portions herein to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by e-mail and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
Yes, judgment is in state court---probably Texas. I don't know when the
judgment was entered yet, but I would imagine it was at least 6 mos. ago.
If anyone is interested, please email me backchannel.
Thanks,
Daniela P. Romero
Law Office of Daniela Romero, APLC
1015 N. Lake Ave., Ste. 115
Pasadena, CA 91104
Telephone:626-817-2611
Facsimile: 626-628-1781
email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein
is confidential, privileged & exempt from disclosure under applicable law.
This E-mail (including attachments) are intended solely for the use of the
addressee hereof. If you are not the intended recipient of this message,
you are prohibited from reading, disclosing, reproducing, distributing,
disseminating, or otherwise using this transmission. The originator of this
e-mail and its affiliates do not represent, warrant or guarantee that the
integrity of this communication has been maintained or that this
communication is free of errors, viruses or other defects. Delivery of this
message or any portions herein to any person other than the intended
recipient is not intended to waive any right or privilege. If you have
received this message in error, please promptly notify the sender by e-mail
and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal
tax issues in this e-mail was not intended or written to be used, and cannot
be used by you, (i) to avoid any penalties imposed under the Internal
Revenue Code or (ii) to promote, market or recommend to another party any
transaction or matter addressed herein.
On Mon, Mar 8, 2010 at 5:14 PM, Mark T.Jessee wrote:
>
>
> Judgement against father in state court? If so that judgment needs to be
> attacked in state court if there is still time. Otherwise it will be Res
> Judicata as to the student loans being the father's debt and the father is
> out of luck for failing to defend against the state court action(s).
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY
> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> *On Mon 8/03/10 4:58 PM , Daniela Romero dromerolaw@gmail.com sent:
> *
>
>
>
> Hi all,
>
> Potential referral here. I haven't met with the person yet (referral from
> attorney friend), but here are the basic facts. Father and son have same
> name. Father cosigns on $26,000 student loan. Son then, over several years
> time forges fathers name on several other student loans. Loan company gets
> judgment for approximately $200,000. Father does not know where son is
> currently and father willing to file police reports regarding the
> forgeries. Father was living in Texas while this happened and I'm not sure,
> but the judgment is probably from Texas. Father recently returned to the
> South Pasadena area (within last year). He stopped working because he felt
> he was being buried in debt. He is now living with his parents and they are
> willing to help him sort through this mess.
>
> This will be a referral, however, I have a general question regarding the
> underlying fraud and whether that is something that should be taken care of
> prior to bankruptcy filing, or whether it is something that would best be
> taken care of in the bankruptcy.
>
> Thanks in advance,
>
> Daniela P. Romero
> Law Office of Daniela Romero, APLC
> 1015 N. Lake Ave., Ste. 115
> Pasadena, CA 91104
> Telephone:626-817-2611
> Facsimile: 626-628-1781
> email: dromerolaw@gmail.com
>
> NOTICE: This E-mail (including attachments) is covered by the Electronic
> Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein
> is confidential, privileged & exempt from disclosure under applicable law.
> This E-mail (including attachments) are intended solely for the use of the
> addressee hereof. If you are not the intended recipient of this message,
> you are prohibited from reading, disclosing, reproducing, distributing,
> disseminating, or otherwise using this transmission. The originator of this
> e-mail and its affiliates do not represent, warrant or guarantee that the
> integrity of this communication has been maintained or that this
> communication is free of errors, viruses or other defects. Delivery of this
> message or any portions herein to any person other than the intended
> recipient is not intended to waive any right or privilege. If you have
> received this message in error, please promptly notify the sender by e-mail
> and immediately delete this message.
>
> To comply with IRS regulations, we advise you that any discussion of
> Federal tax issues in this e-mail was not intended or written to be used,
> and cannot be used by you, (i) to avoid any penalties imposed under the
> Internal Revenue Code or (ii) to promote, market or recommend to another
> party any transaction or matter addressed herein.
>
>
>
Yes, judgment is in state court---probably Texas. I don't know when the judgment was entered yet, but I would imagine it was at least 6 mos. ago.If anyone is interested, please email me backchannel.Thanks,
Daniela P. RomeroLaw Office of Daniela Romero, APLC1015 N. Lake Ave., Ste. 115Pasadena, CA 91104Telephone:626-817-2611Facsimile: 626-628-1781email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein is confidential, privileged & exempt from disclosure under applicable law. This E-mail (including attachments) are intended solely for the use of the addressee hereof. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating, or otherwise using this transmission. The originator of this e-mail and its affiliates do not represent, warrant or guarantee that the integrity of this communication has been maintained or that this communication is free of errors, viruses or other defects. Delivery of this message or any portions herein to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by e-mail and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.
On Mon, Mar 8, 2010 at 5:14 PM, Mark T.Jessee <mjessee@jesseelaw.com> wrote:
Judgement against father in state court? If so that judgment needs to be attacked in state court if there is still time. Otherwise it will be Res Judicata as to the student loans being the father's debt and the father is out of luck for failing to defend against the state court action(s).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Mon 8/03/10 4:58 PM , Daniela Romero dromerolaw@gmail.com sent:
Hi all,
Potential referral here. I haven't met with the person yet (referral from attorney friend), but here are the basic facts. Father and son have same name. Father cosigns on $26,000 student loan. Son then, over several years time forges fathers name on several other student loans. Loan company gets judgment for approximately $200,000. Father does not know where son is currently and father willing to file police reports regarding the forgeries. Father was living in Texas while this happened and I'm not sure, but the judgment is probably from Texas. Father recently returned to the South Pasadena area (within last year). He stopped working because he felt he was being buried in debt. He is now living with his parents and they are willing to help him sort through this mess.
This will be a referral, however, I have a general question regarding the underlying fraud and whether that is something that should be taken care of prior to bankruptcy filing, or whether it is something that would best be taken care of in the bankruptcy.
Thanks in advance,
Daniela P. Romero
Law Office of Daniela Romero, APLC
1015 N. Lake Ave., Ste. 115
Pasadena, CA 91104
Telephone:626-817-2611
Facsimile: 626-628-1781
email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein is confidential, privileged & exempt from disclosure under applicable law. This E-mail (including attachments) are intended solely for the use of the addressee hereof. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating, or otherwise using this transmission. The originator of this e-mail and its affiliates do not represent, warrant or guarantee that the integrity of this communication has been maintained or that this communication is free of errors, viruses or other defects. Delivery of this message or any portions herein to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by e-mail and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.