Petition for final distribution for a probate case in California

A petition for final distribution for a probate case in California is the topic of this blog post.

A petition for final distribution for a probate case in California must include a final account unless all heirs or beneficiaries have filed the filing of an account. The personal representative for the estate must have the petition set for hearing, provide notice of the hearing to all interested parties, and obtain a court order approving the final distribution.

A petition for final distribution for a probate case in California is used to provide the court with a detailed history of the probate case.  It explains in detail why the estate is ready to be closed, and how the assets are to be distributed.

A petition for final distribution for a probate case in California cannot be filed until at least four months after the date that Letters were issued.

If the court grants the petition for final distribution for a probate case in California, the personal representative must submit a formal order for final distribution. Once the formal order of distribution has been signed by the judge, the personal representative can distribute the remaining assets according to the order.

All heirs and beneficiaries must sign a formal receipt confirming that they have received their share of the assets of the estate which will then be filed with the Court to provide proof that the assets of the estate have been distributed pursuant to the terms of the order.

Sample petition for final distribution for a probate case in California for sale.

Attorneys or parties in California that would like to view a portion of a sample 18 page petition for final distribution for a probate in California containing brief instructions, a sample summary of account, sample exhibits to support the summary of account and sample verification sold by the author can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Google Plus at:

https://plus.google.com/+StanBurman

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

Motion to substitute a Plaintiff in California

A motion to substitute a Plaintiff in California is the topic of this blog post.

A motion to substitute a Plaintiff in California is used in cases where a party who is a Plaintiff dies while a lawsuit is pending to substitute the personal representative or successor-in-interest in place of the Plaintiff.

Statutory authorization for a motion to substitute a Plaintiff in California

A motion to substitute a Plaintiff in California is authorized by the provisions of Code of Civil Procedure section 377.31 which states that,

“On motion, after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by decedent’s personal representative or successor-in-interest.”

California law states that a cause of action for a person is not lost simply because the person died, it survives subject to the applicable limitations period.

Code of Civil Procedure § 377.20 states that,

“(a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period.

(b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person’s death had not preceded or occurred simultaneously with the loss or damage.”

Code of Civil Procedure § 377.21 states that,

“A pending action or proceeding does not abate by the death of a party if the cause of action survives.”

Case law in California also confirms that the personal representative or successor in interest of the decedent may be substituted in place of the decedent for any cause of action that survives the death of the decedent.

The California Supreme Court stated in a published decision from over 60 years ago that unlike a wrongful death action, a survival action is a cause of action that existed while the decedent is alive and survives the decedent. The decedent’s personal representative or successor in interest may commence that action.

Requirements for a motion to substitute a Plaintiff in California.

A motion to substitute a Plaintiff in California must include a declaration that complies with the provisions of Code of Civil Procedure § 377.32 which states that,

“(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:

(1) The decedent’s name.

(2) The date and place of the decedent’s death.

(3) “No proceeding is now pending in California for administration of the decedent’s estate.”

(4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest.

(5) Either of the following, as appropriate, with facts in support thereof:

(A) “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.”

(B) “The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.”

(6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.”

(7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.”

A motion to substitute a Plaintiff in California should be filed as soon as possible following the death of the Plaintiff.

Sample motion to substitute a Plaintiff in California for sale.

Attorneys or parties in California that would like to view a portion of a sample 13 page motion to substitute a Plaintiff in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Google Plus at:

https://plus.google.com/+StanBurman

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

Notice of association of counsel in California

A notice of association of counsel in California is the topic of this blog post.

A notice of association of counsel in California is used to associate another attorney of record on the case so that the new associated attorney of record can make appearances in Court on behalf of the filing party as well as communicate with opposing counsel.

Failure to file and serve a notice of association of counsel in California may result in the Court refusing to allow the associated attorney to make appearances on behalf of the filing party.

Requirements for a notice of association of counsel in California.

The notice of association of counsel in California should state the name, address, bar number and contact information for the associate counsel and should also be served on the opposing party or parties or their counsel of record and filed with the Court.

Once the notice of association of counsel in California has been filed and served the new associated attorney of record should be served in addition to the original attorney of record.

Sample notice of association of counsel in California in Word format.

Attorneys in California that would like to view or download a sample notice of association of counsel in California in Microsoft Word format can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Google Plus at:

https://plus.google.com/+StanBurman

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

U.S. Supreme Court rules that debt buyer collecting its own debt is not subject to the FDCPA

For a PDF of this decision click download here: Henson v. Santander SCOTUS 2017 The US Supreme Court ruled that a purchaser of a defaulted debt who then seeks to collect the debt for itself is not a “debt collector” subject to the federal Fair Debt Collection Practices Act. The issue before the Court was […]

via U.S. Supreme Court Holds Debt Purchaser Collecting Its Own Debt Is Not Subject to FDCPA — Livinglies’s Weblog

This decision is bad news for anyone that is being sued by  a debt collector. Congress should revise the FDCPA to state that any entity that has purchased defaulted debt shall be considered a debt collector under the FDCPA.

Anyone that is sued by a debt collector should demand proof of payment for the debt in their discovery requests.

Definition of a debt buyer in California

The definition of a debt buyer in California is the topic of this blog post.

This blog post will discuss the definition of a debt buyer in California and will inform readers who may be asking the question, what is a debt buyer?

This blog post is the first in a series that will discuss the Fair Debt Buying Practices Act in California.

Statutory definition of a debt buyer in California.

The statutory definition of a debt buyer in California is found in Civil Code section 1788.50.

Civil Code section 1788.50 is one of the statutes that comprise the Fair Debt Buying Practices Act in California. The statutes comprising the Fair Debt Buying Practices Act in California are found in Civil Code sections 1788.50 through 1788.64.

The Fair Debt Buying Practices Act in California took effect on January 1, 2014 and was passed by the California legislature in response to numerous complaints from consumers in California about debt buyers engaging in unfair practices.

Civil Code § 1788.50 states that,

“(a) As used in this title:

(1) “Debt buyer” means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. “Debt buyer” does not mean a person or entity that acquires a charged-off consumer debt incidental to the purchase of a portfolio predominantly consisting of consumer debt that has not been charged off.

(2) “Charged-off consumer debt” means a consumer debt that has been removed from a creditor’s books as an asset and treated as a loss or expense.

(b) The acquisition by a check services company of the right to collect on a paper or electronic check instrument, including an Automated Clearing House item, that has been returned unpaid to a merchant does not constitute a purchase of delinquent consumer debt under this title.

(c) Terms defined in Title 1.6C (commencing with Section 1788) shall apply to this title.

(d) This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014.”

Consumers in California whose debts have been sold to debt buyers have more protections against unfair practices.

Sample demand letter to debt buyer in California in Word format.

Attorneys or parties in California that would like to view a sample demand letter to a debt buyer created by the author containing brief instructions can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Google Plus at:

https://plus.google.com/+StanBurman

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

California and Federal litigation

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