MikeB
Member
Posts: 32
Joined: Apr 2006
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Monday May 15, 2006 8:44 PM
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I provided a designated report and filed a lien in San Diego after no response to billing.
While waiting for the application notice I received a notice of application from Riverside that was filed 6 days after my application by the DA.
I noticed the judge about the prior filing and no notice of lien. No response.
I received a letter from the judge that since I was not at the hearing, I have 30 days to appeal or my case is dismissed.
I notice the judge again by certified mail.
The judge sends a notice to me that since I did not respond, he dismissed my lien.
I file the DOR in San Diego.
The San Diego Judge was going to through the case out but agrees to take the case off calendar until the Riverside court clears this up.
One of the issues that swayed him was that I have asked twice for a copy of the lien from the DA and carrier that was filed in Riverside with no response.
I send another certified letter to the Riverside judge. No response.
Six months later I send a certified letter to the Riverside presiding judge outlining the sequence of events.
45 days later I receive a notice of lien hearing in Riverside.
I call the Judges secretary and ask if I will be heard since my case was dismissed. She said everyone in the court file is sent notice of hearing. I asked are the lien claimants removed from the list if the lien is satisfied or dismissed? She said they are supposed to be removed and not notified. I asked is there any way I can find out if I will be heard. She said show up, the judge will not respond to a question asked in a letter.
I call the DA. They said they just received notice themselves and have no idea what is going on. They suggest calling the carrier. By luck I get to the adjuster on the closed case and she has no idea what is going on.
Now we have a case with two WCAB #s SDO and RIV which is not possible.
I was never sent a lien from the DA.
A judge that denies receiving certified mailing.
A new lien conference caused by a DOR that no one knows about.
I am told to drive 150 miles to just to see if it was a mistake.
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