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LC duties to Defense Reps (California)

PostPosted: Wed Oct 26, 2016 11:18 am
by LawAdvocate
This is a vent.

But if I have to remind one more lien claimant of their duty to serve defense reps a copy of their lien and ALL supporting documents I may gag.

Further, LCs wake up - CCR 10505 states unless we agree, you must serve us everything via US Mail, not the other way around that you get to serve in your preferred fashion until we advise of the requirement to serve via US Mail.

Defendants who actually defend against the lien aren't playing the 10% lien settlement offer game. That is reserved for the lazy and the ignorant. Any client who allows their DAs to do so should be shot for failing to protect the insured's assets and a breach of fiduciary duty. Once you run smack dab into someone who is arguing facts, get out if you are arguing numbers and don't want $1.98. It won't work.

Once a final offer has been extended, stop bugging the Defense rep. All defense reps should decrease offers every time they are contacted, absent receipt of additional evidence against the defendant's position.

Defendants hold the check books and rewarding bad behavior of the lien reps just makes it all that more difficult for all of us.