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Service and Collecting Damages on an OSC Hearing
Thank you, Dennis. Upon request, the court amended its order and added all
the partners to the association, and continued the hearing date. They were
personally served on Friday. We'll see what happens next.
On Thu, Apr 20, 2017 at 12:24 PM, Dennis cdcbaamailbox@gmail.com [cdcbaa] wrote:
>
>
> It is not unusual to be unable to affect service. If you go to the hearing
> and request a continuance, the court may ask for an explanation, but
> usually will grant the continuance Given electronic filing is so easy,
> you may consider an exparte app for a continuance. Upload app and order.
> Call judges clerk, and you may save a drive to the court.
>
> D
>
> Sent from my iPhone
>
> On Apr 7, 2017, at 12:45 PM, Link Schrader lschrader@schrader-law.com
> [cdcbaa] wrote:
>
>
>
> Thank you, David.
>
> Link W. Schrader
>
> On Apr 6, 2017 9:44 PM, "David Tilem DavidTilem@TilemLaw.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> Link,
>>
>> Under CA law, unincorporated associations are General partnerships.
>> Follow the rules for serving a partnership.
>>
>> David Tilem
>>
>> Get Outlook for Android
>>
>> ------------------------------
>> *From:* cdcbaa@yahoogroups.com on behalf of
>> Link Schrader lschrader@schrader-law.com [cdcbaa] > >
>> *Sent:* Thursday, April 6, 2017 2:04:33 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* [cdcbaa] Service and Collecting Damages on an OSC Hearing
>>
>>
>>
>> Dear Colleagues:
>>
>> I have an OSC hearing against a medical group on 5/1/17 for violations of
>> the automatic stay. The creditor appears to be an unincorporated
>> association of doctors. I served the OSC via Certified Mail which I've
>> successfully done in the past, but it apparently has not been delivered.
>> The creditor has not responded to letters or telephone calls. The deadline
>> for the creditor to oppose the OSC was last Friday, 3/31/17. I'm not sure
>> which way to go and would welcome any thoughts.
>>
>> I'm thinking the hearing will need to be continued until proper service
>> is made, perhaps personal service. I'm also thinking that an
>> unincorporated association of doctors may be a partnership under California
>> law, or at least an agent of the billing doctor. Maybe I need to file
>> against the doctor and not the association that was mailing the collection
>> notices. I'm also wondering how to collect if a judgment order is obtained
>> and the creditor does not voluntarily pay. I've never converted an order
>> into a judgment that could be recorded.
>>
>> Finally, I don't want to look bad to the court by attempting to dismiss
>> one OSC to file another. The OSC hearing and case is in Santa Ana.
>>
>> Thanks for any thoughts.
>>
>> --
>>
>> Link W. Schrader, Attorney
>> Law Office of Link W. Schrader
>> P.O. Box 412914, Kansas City, Missouri 64141
>> Missouri/Kansas: (816) 841-2642 (No Texts); California: (310) 413-6924
>> (Phone or Texts )
>> Fax: (310) 878-4158; www.schrader-law.com
>>
>> Admitted to practice law in all courts in California and Missouri, and in
>> the federal courts in Kansas.
>> ______________________________________________________________________
>> This communication and any files transmitted with it contain information
>> which is confidential and may be privileged and exempt from disclosure
>> under applicable law. It is intended solely for the use of the individual
>> or intended recipient. You are hereby notified that any use, dissemination
>> or copying of this communication is strictly prohibited. If you have
>> received this communication in error, please notify the sender. Thank you
>> for your cooperation.
>>
>>
>
Link W. Schrader, Attorney
Law Office of Link W. Schrader
P.O. Box 412914, Kansas City, Missouri 64141
Missouri/Kansas: (816) 841-2642 (No Texts); California: (310) 413-6924
(Phone or Texts )
Fax: (310) 878-4158; www.schrader-law.com
Admitted to practice law in all courts in California and Missouri, and in
the federal courts in Kansas.
The post was migrated from Yahoo.
It is not unusual to be unable to affect service. If you go to the hearing and request a continuance, the court may ask for an explanation, but usually will grant the continuance Given electronic filing is so easy, you may consider an exparte app for a continuance. Upload app and order. Call judges clerk, and you may save a drive to the court.
D
Sent from my iPhone
> On Apr 7, 2017, at 12:45 PM, Link Schrader lschrader@schrader-law.com [cdcbaa] wrote:
>
> Thank you, David.
>
> Link W. Schrader
>
>> On Apr 6, 2017 9:44 PM, "David Tilem DavidTilem@TilemLaw.com [cdcbaa]" wrote:
>>
>> Link,
>>
>> Under CA law, unincorporated associations are General partnerships. Follow the rules for serving a partnership.
>> David Tilem
>> Get Outlook for Android
>>
>>
Schrader lschrader@schrader-law.com [cdcbaa]
>> Sent: Thursday, April 6, 2017 2:04:33 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Service and Collecting Damages on an OSC Hearing
>>
>>
>> Dear Colleagues:
>>
>> I have an OSC hearing against a medical group on 5/1/17 for violations of the automatic stay. The creditor appears to be an unincorporated association of doctors. I served the OSC via Certified Mail which I've successfully done in the past, but it apparently has not been delivered. The creditor has not responded to letters or telephone calls. The deadline for the creditor to oppose the OSC was last Friday, 3/31/17. I'm not sure which way to go and would welcome any thoughts.
>>
>> I'm thinking the hearing will need to be continued until proper service is made, perhaps personal service. I'm also thinking that an unincorporated association of doctors may be a partnership under California law, or at least an agent of the billing doctor. Maybe I need to file against the doctor and not the association that was mailing the collection notices. I'm also wondering how to collect if a judgment order is obtained and the creditor does not voluntarily pay. I've never converted an order into a judgment that could be recorded.
>>
>> Finally, I don't want to look bad to the court by attempting to dismiss one OSC to file another. The OSC hearing and case is in Santa Ana.
>>
>> Thanks for any thoughts.
>>
>> --
>> Link W. Schrader, Attorney
>> Law Office of Link W. Schrader
>> P.O. Box 412914, Kansas City, Missouri 64141
>> Missouri/Kansas: (816) 841-2642 (No Texts); California: (310) 413-6924 (Phone or Texts )
>> Fax: (310) 878-4158; www.schrader-law.com
>>
>> Admitted to practice law in all courts in California and Missouri, and in the federal courts in Kansas.
>> ______________________________________________________________________
>> This communication and any files transmitted with it contain information which is confidential and may be privileged and exempt from disclosure under applicable law. It is intended solely for the use of the individual or intended recipient. You are hereby notified that any use, dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you for your cooperation.
>>
>
>
The post was migrated from Yahoo.
Thank you, David.
Link W. Schrader
On Apr 6, 2017 9:44 PM, "David Tilem DavidTilem@TilemLaw.com [cdcbaa]" wrote:
>
>
> Link,
>
> Under CA law, unincorporated associations are General partnerships.
> Follow the rules for serving a partnership.
>
> David Tilem
>
> Get Outlook for Android
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com on behalf of Link
> Schrader lschrader@schrader-law.com [cdcbaa]
> *Sent:* Thursday, April 6, 2017 2:04:33 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Service and Collecting Damages on an OSC Hearing
>
>
>
> Dear Colleagues:
>
> I have an OSC hearing against a medical group on 5/1/17 for violations of
> the automatic stay. The creditor appears to be an unincorporated
> association of doctors. I served the OSC via Certified Mail which I've
> successfully done in the past, but it apparently has not been delivered.
> The creditor has not responded to letters or telephone calls. The deadline
> for the creditor to oppose the OSC was last Friday, 3/31/17. I'm not sure
> which way to go and would welcome any thoughts.
>
> I'm thinking the hearing will need to be continued until proper service is
> made, perhaps personal service. I'm also thinking that an unincorporated
> association of doctors may be a partnership under California law, or at
> least an agent of the billing doctor. Maybe I need to file against the
> doctor and not the association that was mailing the collection notices.
> I'm also wondering how to collect if a judgment order is obtained and the
> creditor does not voluntarily pay. I've never converted an order into a
> judgment that could be recorded.
>
> Finally, I don't want to look bad to the court by attempting to dismiss
> one OSC to file another. The OSC hearing and case is in Santa Ana.
>
> Thanks for any thoughts.
>
> --
>
> Link W. Schrader, Attorney
> Law Office of Link W. Schrader
> P.O. Box 412914, Kansas City, Missouri 64141
> Missouri/Kansas: (816) 841-2642 (No Texts); California: (310) 413-6924
> (Phone or Texts )
> Fax: (310) 878-4158; www.schrader-law.com
>
> Admitted to practice law in all courts in California and Missouri, and in
> the federal courts in Kansas.
> ______________________________________________________________________
> This communication and any files transmitted with it contain information
> which is confidential and may be privileged and exempt from disclosure
> under applicable law. It is intended solely for the use of the individual
> or intended recipient. You are hereby notified that any use, dissemination
> or copying of this communication is strictly prohibited. If you have
> received this communication in error, please notify the sender. Thank you
> for your cooperation.
>
>
>
Thank you, David. Link W. SchraderOn Apr 6, 2017 9:44 PM, "David Tilem DavidTilem@TilemLaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Link,
Under CA law, unincorporated associations are General partnerships. Follow the rules for serving a partnership.
David Tilem
Get Outlook for Android
________________________________
rader lschrader@schrader-law.com [cdcbaa]
Sent: Thursday, April 6, 2017 2:04:33 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Service and Collecting Damages on an OSC Hearing
Dear Colleagues:
I have an OSC hearing against a medical group on 5/1/17 for violations of the automatic stay. The creditor appears to be an unincorporated association of doctors. I served the OSC via Certified Mail which I've successfully done in the past, but it apparently has not been delivered. The creditor has not responded to letters or telephone calls. The deadline for the creditor to oppose the OSC was last Friday, 3/31/17. I'm not sure which way to go and would welcome any thoughts.
I'm thinking the hearing will need to be continued until proper service is made, perhaps personal service. I'm also thinking that an unincorporated association of doctors may be a partnership under California law, or at least an agent of the billing doctor. Maybe I need to file against the doctor and not the association that was mailing the collection notices. I'm also wondering how to collect if a judgment order is obtained and the creditor does not voluntarily pay. I've never converted an order into a judgment that could be recorded.
Finally, I don't want to look bad to the court by attempting to dismiss one OSC to file another. The OSC hearing and case is in Santa Ana.
Thanks for any thoughts.
Link W. Schrader, Attorney
Law Office of Link W. Schrader
P.O. Box 412914, Kansas City, Missouri 64141
Missouri/Kansas: (816) 841-2642 (No Texts); California: (310) 413-6924 (Phone or Texts )
Fax: (310) 878-4158; www.schrader-law.com
Admitted to practice law in all courts in California and Missouri, and in the federal courts in Kansas.
The post was migrated from Yahoo.
Dear Colleagues:
I have an OSC hearing against a medical group on 5/1/17 for violations of
the automatic stay. The creditor appears to be an unincorporated
association of doctors. I served the OSC via Certified Mail which I've
successfully done in the past, but it apparently has not been delivered.
The creditor has not responded to letters or telephone calls. The deadline
for the creditor to oppose the OSC was last Friday, 3/31/17. I'm not sure
which way to go and would welcome any thoughts.
I'm thinking the hearing will need to be continued until proper service is
made, perhaps personal service. I'm also thinking that an unincorporated
association of doctors may be a partnership under California law, or at
least an agent of the billing doctor. Maybe I need to file against the
doctor and not the association that was mailing the collection notices.
I'm also wondering how to collect if a judgment order is obtained and the
creditor does not voluntarily pay. I've never converted an order into a
judgment that could be recorded.
Finally, I don't want to look bad to the court by attempting to dismiss one
OSC to file another. The OSC hearing and case is in Santa Ana.
Thanks for any thoughts.
Link W. Schrader, Attorney
Law Office of Link W. Schrader
P.O. Box 412914, Kansas City, Missouri 64141
Missouri/Kansas: (816) 841-2642 (No Texts); California: (310) 413-6924
(Phone or Texts )
Fax: (310) 878-4158; www.schrader-law.com
Admitted to practice law in all courts in California and Missouri, and in
the federal courts in Kansas.
The post was migrated from Yahoo.