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Asker
Posted over 1 year ago.

The DRE requires the debtor be served with a copy of all documents being sent to the DRE then they have 30 days to file a response not agreeing to the application, this is because until they pay back the DRE the money it pays to me if they find my application acceptable the agent cant get their real estate license re-instated.

Michael J. Ireland
Michael J. Ireland, Bankruptcy Attorney - Thousand Oaks, CA
Posted over 1 year ago.

Contact the DRE and ask them how to proceed in this situation. You should be able to collect from the DRE restitution fund even though the debtor files bankruptcy. Good luck.

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Asker
Posted over 1 year ago.

Thank you for your help, I do not see a problem with the DRE, put the agent must be served the paperwork before the application can be submitted. She goes for sentencing at the end of this month, which she will be serving time, the bankruptcy case doesn't get heard until May. I only have one year from the date she was found guilty to have all my paperwork into the DRE that also means having her served and allowing the 30 day response time she gets. With her going to prison, I don't know if I will even be able to serve her in prison, and if not I will not be able to fill the papers in time.