Is First Appearance Fee required for Notice of Stay in
Posted: Thu Mar 28, 2019 6:30 pm
Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Desiree:
There is no difference between Orange County and Los Angeles County
regarding filing Notice of Bankruptcy. Five years ago, I stood at the
filing window of down town Stanley Mosk Courthouse (111 N. Hill Street) to
file a Notice of BK for defendant (client). Client did not file any
response and had not paid the 1st appearance fee. Filing clerk insisted
that I paid the 1st appearance fee. I told her I would not pay for the
fee. And it is up to her if she will take my Notice of BK so that the
judge knows that the defendant had filed for BK. She begrudgingly accepted
the Notice of BK for filing. Thereafter, I will only mail in the Notice of
BK for filing.
These days, because of the Mandatory Electronic Filing for both OC and
LA, the Notice of BK is filed under client's name (pro per). No first
appearance fee also.
On Wed, Mar 27, 2019 at 9:19 PM 'Gary R. Wallace' garyrwallace@ymail.com
[cdcbaa] wrote:
>
>
> Thank you everyone for your responses, which are most helpful. I still
> feel very strongly that there is no administrative justification to require
> this payment when it results in, ironically enough, no action being taken
> by the court (rather than, for example, time spent by a judge, clerk and
> staff to work up a case when answers are filed). It imposes such an unfair
> burden on the debtor who has already been required to pay a filing fee for
> the bk petition. The reason why most ch 7 bk's are filed is because the
> debtor has no money. If we attorneys ask for another $435 (or two or more
> times that amount when multiple state court litigation is pending), many
> clients will be unable to afford bk and/or we will have our "fees"
> scrutinized as possibly excessive. That $435 charge is also, notably, more
> than the $335 filing fee paid to the bk court. Moreover, there are plenty
> of exceptions to the first paper filing requirement (including poverty, but
> then there are applications to fill out and time spent on that). However,
> I spotted no explicit exception for bk stay notices on court's filing fee
> sheet. (I haven't yet checked the underlying state Government Code
> sections). Perhaps a small fee ($25(?) to process the form) would be
> understandable. Of course, the efiling services already charge a fee to
> efile as well. So many fees just to get a fresh start.
>
> This issue of first appearance fee seems to have fallen through the cracks
> of our federal/state law dual systems and I really think there should be
> something added to the Bankruptcy Code restricting this outrageous practice.
>
> In the meantime, I will try the excellent work-around suggestions that
> many of you have offered. Thanks.
>
> 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
>
>
> On Wednesday, March 27, 2019, 7:12:32 PM PDT, Tuan Le
> tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
>
>
> I do it in pro per as Peter Lively has described and help them mail file
> it since pro per's are exempt from efiling. You can take it a step further
> and have the client go to the court and file it as well.
>
> Get Outlook for Android
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com on behalf of
> 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM [cdcbaa]
> *Sent:* Wednesday, March 27, 2019 5:18:52 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Is First Appearance Fee required for Notice of
> Stay in OC Superior Court?
>
>
>
> Mr. Wallace:
>
> If I were you, I will call my credit card and dispute the charge on
> my credit card immediately. I had a similar experience. I used a third
> party filing service and filed a stipulation in an Orange County State
> Court case last year. I did not realize that the other parties (3
> defendants) have not filed their first response yet. Therefore, they have
> not paid for the first appearance fee. When I submit the stipulation
> between my client (plaintiff) and the other three defendants, my credit
> card was charged $1305 filing fee. I immediately called my credit card and
> dispute the charge. I talked to my filing service and they say the Orange
> County court will invalidate the stipulation if the fee is not paid. I
> told them I do not care. My client absolutely will not pay for the $1305
> first appearance fee for the other parties. So, the first step you should
> do is call your third party filing service and talk to them. I am sure
> this has happen to them before. They may be able to reverse the charges..
> If they do not agree, just call credit card and dispute the charges.
>
>
>
>
> On Wed, Mar 27, 2019 at 4:51 PM Shai Oved ssoesq@aol.com [cdcbaa] cdcbaa@yahoogroups.com> 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
>
>
>
Desiree: There is no difference between Orange County and Los Angeles County regarding filing Notice of Bankruptcy. Five years ago, I stood at the filing window of down town Stanley Mosk Courthouse (111 N. Hill Street) to file a Notice of BK for defendant (client). Client did not file any response and had not paid the 1st appearance fee. Filing clerk insisted that I paid the 1st appearance fee. I told her I would not pay for the fee. And it is up to her if she will take my Notice of BK so that the judge knows that the defendant had filed for BK. She begrudgingly accepted the Notice of BK for filing. Thereafter, I will only mail in the Notice of BK for filing. These days, because of the Mandatory Electronic Filing for both OC and LA, the Notice of BK is filed under client's name (pro per). No first appearance fee also.
The post was migrated from Yahoo.
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Desiree:
There is no difference between Orange County and Los Angeles County
regarding filing Notice of Bankruptcy. Five years ago, I stood at the
filing window of down town Stanley Mosk Courthouse (111 N. Hill Street) to
file a Notice of BK for defendant (client). Client did not file any
response and had not paid the 1st appearance fee. Filing clerk insisted
that I paid the 1st appearance fee. I told her I would not pay for the
fee. And it is up to her if she will take my Notice of BK so that the
judge knows that the defendant had filed for BK. She begrudgingly accepted
the Notice of BK for filing. Thereafter, I will only mail in the Notice of
BK for filing.
These days, because of the Mandatory Electronic Filing for both OC and
LA, the Notice of BK is filed under client's name (pro per). No first
appearance fee also.
On Wed, Mar 27, 2019 at 9:19 PM 'Gary R. Wallace' garyrwallace@ymail.com
[cdcbaa] wrote:
>
>
> Thank you everyone for your responses, which are most helpful. I still
> feel very strongly that there is no administrative justification to require
> this payment when it results in, ironically enough, no action being taken
> by the court (rather than, for example, time spent by a judge, clerk and
> staff to work up a case when answers are filed). It imposes such an unfair
> burden on the debtor who has already been required to pay a filing fee for
> the bk petition. The reason why most ch 7 bk's are filed is because the
> debtor has no money. If we attorneys ask for another $435 (or two or more
> times that amount when multiple state court litigation is pending), many
> clients will be unable to afford bk and/or we will have our "fees"
> scrutinized as possibly excessive. That $435 charge is also, notably, more
> than the $335 filing fee paid to the bk court. Moreover, there are plenty
> of exceptions to the first paper filing requirement (including poverty, but
> then there are applications to fill out and time spent on that). However,
> I spotted no explicit exception for bk stay notices on court's filing fee
> sheet. (I haven't yet checked the underlying state Government Code
> sections). Perhaps a small fee ($25(?) to process the form) would be
> understandable. Of course, the efiling services already charge a fee to
> efile as well. So many fees just to get a fresh start.
>
> This issue of first appearance fee seems to have fallen through the cracks
> of our federal/state law dual systems and I really think there should be
> something added to the Bankruptcy Code restricting this outrageous practice.
>
> In the meantime, I will try the excellent work-around suggestions that
> many of you have offered. Thanks.
>
> 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
>
>
> On Wednesday, March 27, 2019, 7:12:32 PM PDT, Tuan Le
> tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
>
>
> I do it in pro per as Peter Lively has described and help them mail file
> it since pro per's are exempt from efiling. You can take it a step further
> and have the client go to the court and file it as well.
>
> Get Outlook for Android
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com on behalf of
> 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM [cdcbaa]
> *Sent:* Wednesday, March 27, 2019 5:18:52 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Is First Appearance Fee required for Notice of
> Stay in OC Superior Court?
>
>
>
> Mr. Wallace:
>
> If I were you, I will call my credit card and dispute the charge on
> my credit card immediately. I had a similar experience. I used a third
> party filing service and filed a stipulation in an Orange County State
> Court case last year. I did not realize that the other parties (3
> defendants) have not filed their first response yet. Therefore, they have
> not paid for the first appearance fee. When I submit the stipulation
> between my client (plaintiff) and the other three defendants, my credit
> card was charged $1305 filing fee. I immediately called my credit card and
> dispute the charge. I talked to my filing service and they say the Orange
> County court will invalidate the stipulation if the fee is not paid. I
> told them I do not care. My client absolutely will not pay for the $1305
> first appearance fee for the other parties. So, the first step you should
> do is call your third party filing service and talk to them. I am sure
> this has happen to them before. They may be able to reverse the charges..
> If they do not agree, just call credit card and dispute the charges.
>
>
>
>
> On Wed, Mar 27, 2019 at 4:51 PM Shai Oved ssoesq@aol.com [cdcbaa] cdcbaa@yahoogroups.com> 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
>
>
>
Desiree: There is no difference between Orange County and Los Angeles County regarding filing Notice of Bankruptcy. Five years ago, I stood at the filing window of down town Stanley Mosk Courthouse (111 N. Hill Street) to file a Notice of BK for defendant (client). Client did not file any response and had not paid the 1st appearance fee. Filing clerk insisted that I paid the 1st appearance fee. I told her I would not pay for the fee. And it is up to her if she will take my Notice of BK so that the judge knows that the defendant had filed for BK. She begrudgingly accepted the Notice of BK for filing. Thereafter, I will only mail in the Notice of BK for filing. These days, because of the Mandatory Electronic Filing for both OC and LA, the Notice of BK is filed under client's name (pro per). No first appearance fee also.
The post was migrated from Yahoo.