First pleading in state court fee & notice of bankrup=

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I wrote a little blurb on this topic for the CDCBAA newsletter issue 7,
2 years ago about my troubles with Ventura's Court clerks. They have
now seen the light and do not charge a fee. If you pull up the article
from bklawyers.org it cites the LBR's requirement for debtor's counsel
to file the notice of stay, which you can cite to go up the food chain
to someone more enlightened.
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 (805) 497-5864 (Facsimile)
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On Thu, 22 Mar 2012 16:32:08 -0700, "Patrick T. Green"
wrote:
Holly:
Go up the food chain until you get someone with some sense. This is
not an appearance, it is a notice to the court not to do something
stupid, as such there should be no appearance fee. Let us know what
the result is.
If you have any questions or concerns please contact me.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com
Behalf Of Holly Roark
Sent: Thursday, March 22, 2012 4:07 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] First pleading in state court fee & notice of bankruptcy
Link, that is exactly what I attempted to file. This is the form
I always file. I mailed it directly to the court and to the plaintiff.
The clerk said I would incur the first paper fee in order to file this.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Thu, Mar 22, 2012 at 4:09 PM, Link W. Schrader wrote:
Holly,
Look for the Judicial Counsel Form CM-180 Notice of Stay.
The clerk is re quired to file the document without a first paper fee.
I also mail it directly to the court and the plaintiffs. Be sure to
attach proof of bankruptcy filing and a proof of service.
Best,
Link Schrader, Attorney
Law Office of Link W. Schrader
Behalf Of Office
Sent: Thursday, March 22, 2012 3:39 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] First pleading in state court fee & notice of bankruptcy
It varies from court to court. The creditor has an a affirmative
duty to cease per very recent 9th Cir law.
Sent from my iPhone
Law Office of Eric Alan Mitnick
(310) 792-5864 MitnickLaw@aol.com
Communications and attachments may be confidential and
attorney-client privileged.
On Mar 22, 2012, at 3:35 PM, Holly Roark wrote:
I seem to recall this being discussed here before but when I did a
search for it, I did not find the string. I just got a call from the
Beverly Hills courthouse saying that if I wanted to file the Notice of
Stay (re bankruptcy) in the collection case, I'd have to pay the first
filing fee since the debtor never answered the complaint. I have been
able to file these notices in down town LA and elsewhere with no
problem, so this is a first for me. I told the clerk just to mail the
notice back to me as we are not going to pay the first paper fee. I
told her that down town and elsewhere are not charging me for this but
she said they should be.
Is there anything we can do about this practice? It seems unfair to
have to pay the first paper fee just to get a notice of stay on file.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
start="2efe64s7trtw@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}I wrote a little blurb on this topic
for the CDCBAA newsletter issue 7, 2 years ago about my troubles with
Ventura's Court clerks. They have now seen the light and do not
charge a fee. If you pull up the article from bklawyers.org it
cites the LBR's requirement for debtor's counsel to file the notice of stay,
which you can cite to go up the food chain to someone more enlightened.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)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 Thu, 22 Mar 2012 16:32:08 -0700, "Patrick T. Green"
<pat@fitzgreenlaw.com> wrote:

The post was migrated from Yahoo.
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