Renters. These are scary times. lf you can pay your rent, you should. But if you cannot the landlord may serve you a “3 day notice to pay rent or quit notice.” Before this Covid 19 pandemic, once the 3 days runs and you have not paid the rent, the landlord could evict you by filing a case in the local superior court. After the 3 days have run the bankruptcy court would not help you because your tenancy was deemed “forfeited.”
At the moment, you do not need to worry about being evicted because that requires a state court judgement. The Ventura superior court is closed. When it reopens it will only be for emergency matters. Evicting you is not an emergency. So as a practical matter, you cannot be evicted at this time. The Los Angeles Superior Court and the Santa Barbara Superior court are also limiting services to criminal and emergency cases. While they can’t do it now, they could do it when this nightmare is over.
Creditor Calls. As above, the courts are closed except for emergencies. Debt collection is not an emergency. The civil sheriffs department in Ventura is closed, so no wage garnishments will be issued. No one is going to arrest you (that is always true). Do not believe the caller if they say this! The Los Angeles Civil Sheriffs department will not serve any documents unless they were received prior to March 19, 2020. The Santa Barbara Sheriffs Civil Department web page says nothing about being closed.
Foreclosures. No definitive word on halting them yet, and not all will be halted. Private banks are free to continue with foreclosures. If you are behind in the mortgage payments, call us. If you can resume making payments and pay a “catch up” payment each month Chapter 13 of the bankruptcy code could be your solution. The code gives you 60 months to catch up. The bankruptcy must be filed before 8 a.m. of the day the sale is scheduled. Don’t wait until the last minute to seek help.
“Notice of Default” and “Notice of Sale” These documents must be recorded to start or continue the foreclosure process. The Los Angeles County Recorder is closed but may process documents via email. Their number is 800-201-8999. The Ventura County Recorder is also closed but is accepting documents via email. Their number is 805-654-2263. If you receive such a notice you should contact an attorney immediately.
We remain open with modified operations.
- Client interviews will be by Zoom. It is a free app on your smart device. We will email you the link to join the “chat.” We will also email or fax you the client intake form to fill out in advance.
- When dropping documents off, we have set up a basket on the outside door. Drop your documents in, have a seat in your car. We will make the copies and put your originals back in the basket.
- When making a payment, drop it in the basket and we will give you a receipt.
- If you need a credit report, call us as we need your SSN number to get the report.
Lulu will cam her kibble by letting us know you have put something in the basket.
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