Is First Appearance Fee required for Notice of Stay in OC Superior
Posted: Wed Mar 27, 2019 4:24 pm
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. hat 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?
R. Wallace10801 National Boulevard, Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail.comOffice: (310) 571-3511
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