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Is First Appearance Fee required for Notice of Stay i=
Live and learn - Ouch.
You may want to limit your appearance to "Attorneys for Debtor" as opposed to Attorneys for Defendant....and further noting under the - (Appearing herein for a limited purpose).
Very truly yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd., Suite 220Canoga Park, California 91303.comwww.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 isa Certified Bankruptcy Law Specialistby The State Bar of California Board of Legal Specialization.
>
To: cdcbaa
Sent: Fri, Mar 29, 2019 12:12 pm
Subject: Re: [cdcbaa] Is First Appearance Fee required for Notice of Stay inOC Superior Court?
t a few years ago, and vowed never again! Several months after the bankruptcy was over, I got served with an order to show cause why I should not be sanctioned for not having appeared at a status conference in the Superior Court. Because I had filed a notice of stay, I was now considered the defendant's attorney. I had to attend the hearing and avoided getting sanctioned by educating the court on bankruptcy proceedings. You can give a notice of stay to your client to file, or just simply notify the plaintiff attorney. The automatic stay goes into place as soon as the bankruptcy is filed, and does not depend on filing any particular document in the Superior Court. It was interesting also that the superior court judge considered that particular debt to be non-dischargeable, and was going to allow the plaintiff to continue collecting up, even though the plaintiff had never filed a complaint to determine dischargeability in the bankruptcy court.
On Friday, March 29, 2019, 'Madhu Kalra (Kalra Law Firm)' madhu.kalra@gmail.com [cdcbaa] wrote:
[Attachment(s) from 'Madhu Kalra (Kalra Law Firm)' madhu.kalra@gmail.com [cdcbaa] included below] I have not ever paid fees in Los Angeles Superior court. I have filed Notice of Stay, in quite a few cases without First Appearance Fees, via U.S. Mail. Sent from Mail for Windows 10Sent: Wednesday, March 27, 2019 4:41 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Is First Appearance Fee required for Notice of Stay inOC Superior Court? I am not sure about Orange County but was able to file in Los Angeles, a notice without paying a first appearance fee.r 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 viathe 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 isa Certified Bankruptcy Law Specialistby 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:
e 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.inistration standpoint. Do we now have to charge our clients substantial extra sums up front for these filings? Thoughts please? Gary R. WallaceLaw Office of Gary R. Wallace10801 National Boulevard, Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail..comOffice: (310) 571-3511
Crowder Law Center
350 S. Figueroa Street # 190
Los Angeles, CA 90071
www.CrowderLaw.com
Tel. 213-325-3040
Fax 877-772-7094PaymentLink. https://secure.lawpay.com/pages/crowderlaw/operating
CONFIDENTIALITY NOTICE.. This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you receive this message in error, or are not the named recipient(s), please notify the sender at the e-mail address above and delete this e-mail from your computer. Thank you.
The post was migrated from Yahoo.
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).t'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.ks 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. WallaceLaw Office of Gary R. Wallace10801 National Boulevard, Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail.comOffice: (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
. 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:
spute 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] 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 viathe 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 isa Certified Bankruptcy Law Specialistby 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 viathe 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 isa Certified Bankruptcy Law Specialistby 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.en 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.t 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
The post was migrated from Yahoo.
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
________________________________
. 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] 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
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 <cdcbaa@yahoogroups.com> on behalf of 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM [cdcbaa] <cdcbaa@yahoogroups.com>
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 <ssoesq@aol.com> 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] <cdcbaa@yahoogroups.com> 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
The post was migrated from Yahoo.