Considering filing for BK but no papertrail...

[socal1105]

I can tell you from working in the legal community for over 30 years in
California that service of any documents other than the original summons and complaint and a subpoena would be served by mail by the attorney's office. I've never seen a law firm use an outside 3rd party mailing service to mail something.

hmmm... when I saw the court documents they filed, the person that supposedly mailed these documents to me was definitely not the Attorney. It was a woman's name and I even drove by the sender's address and it was a residential home. I guess she could have been an employee of the Attorney working from her home. But if that's the case, then I would be more inclined to think the Attorney was more involved.

[socal1105]

2manybills, is it also your experience that the courts always take the lawyer's word for it that things were mailed? if a person comes and says they didn't receive anything, are they presumed to be lying?

In my case, yes, the court felt the burden of proof was on me. As 2manybills said, too much time had passed and they supposedly had given me enough notice. 100% cow manure!

[2manybills]

No they don't always take the attorney's word for everything. Truthfully sometimes it depends on the Judge, the day of the week, etc.

Yes, it would be a woman's name, probably a secretary and if his a solo practitioner, he may hire like a secretarial service to type his work or something like that. Don't know for sure.

At this point in the game, you are better off seeking a resolution to this whether it be filing BK or working out a settlement. You need to put your energy into what you are going to do to make your future better.

[socal1105]

This attorney has a nice office with a full staff (walked by it as well), so not sure why he would have somebody outside of his office do that as opposed to his actual secretary.

Regardless, I totally agree, instead of continuing to fight an uphill battle, I've decided to file BK and get this over with once and for all. Thanks for all your input and help guys, especially you 2manybills. Hopefully you'll continue to help me further down the road if I have any other questions. Take care and God bless you...

[2manybills]

Good luck to you too! We are all here together helping each other along this path. I've been very comforted on these boards by those who have come before me and am happy to help anyone I can from my experiences.

[kornellred]

If you work for a company that trades on Wall Street, the Sarbanes Oxley Act will certainly discourage your employer from cutting your pay without moving you into a lower paying job. The new acceptable accounting practices for a publicly traded corporation are very stringent - and lowering someone's wages via their own request flies in the face of reason.
If you are successful in getting your wages cut, you better make that fact disappear in the mists of time - and time is what you don't have. The trustee can spot that little-used tactic coming for miles and miles.

[socal1105]

If you work for a company that trades on Wall Street, the Sarbanes Oxley Act will certainly discourage your employer from cutting your pay without moving you into a lower paying job. The new acceptable accounting practices for a publicly traded corporation are very stringent - and lowering someone's wages via their own request flies in the face of reason.
If you are successful in getting your wages cut, you better make that fact disappear in the mists of time - and time is what you don't have. The trustee can spot that little-used tactic coming for miles and miles.

thank you very much for that information. I do not work for a public company... it's just a small mom&pop operation. And with the help from this awesome community, I've decided to take the route of getting a perfected secured loan from purchasing my mother's car. So hopefully, I won't have to go the route of changing my pay structure. (crossing fingers)