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Topics - dancurry

#1
Dear Socrateaser / Civil Default - Need Attorney
Aug 22, 2007, 09:44:45 PM
I have a default against a party in a Civil case, the other party just happens to be my ex. In my complaint, I alleged five causes of action which include Abuse of Process, Intentional infliction, Fraud and more.

The other party was served using a process server as defined in the Business and Professional code to avoid any confusion as to whether she was served or not. She clearly was yet refuses to take part in the action.

Under normal conditions, such as a contract dispute, It would be cut and dry, I would win, she would lose. Simply cash in your chips.

In this case, a prove up hearing must be scheduled and the Plaintiff's attorney must argue damages. I certainly have damages, about $97k in bogus child support, a history of depression as a result of her actions against me.

My problem is I need a good attorney to appear at a prove up hearing and get a money judgment.

I have presented the case to some local attorney's, but they seemed unwilling to take the case. I did informed them that the defendent has much equity and a high paying job and that the default has been in effect for nine months making setting aside the judgment more difficult under CCP 473. My offer was really presented as a collection case for the most part. He would have to appear and gain a good judgment, then a split on the collections.

Things being as they are. I am hoping you might know or have contact with someone that might know an attorney that would take such a case?

The defendant has $350k equity in a home and monthy income between $6k - 8k.



#2
I am from the Republic of Belarus. I am currently living in the State of California in the Country of Merced. I am here working on as a Postdoctorial fellow at the University of Merced California. I will be here approximately one year then leave to go home. I have one minor child who lives back home with his mother. His mother frequently travels and is now in Hawaii for some reason. To the best of my knowledge, my child is rarely with her because of school.

A support order was issued back home and I paid all my support and I am current up to Sept. 06 when the mother terminated the order and ended support.

I was just served the following documents from the State of Hawaii:

Registration of Foreign support, Notice of Registration, Declaration of Petitioner.

I only have until Friday to answer as the documents served did not allow time for service.

My questions for you are.

Do I file an objection, answer or what type of document?

I have no means for travel to Hawaii, is a telephonic hearing an option?

Does registration of a foreign support order authorize modifications of foreign support orders?

Isn't a foreign support order needed before the court can register it and doesnt' the fact that no order exist bar this?

Neither party nor the minor child is a citizen of the U.S. or a perminate resident. Doen't this factor into the courts jurisdiction?

Thank you for your time Socrateaser. I will probably have more questions but must cease typing due to a massive headache
#3
I have had several runins with the Child Support Attorney, who I have reason to believe is treating me differently that others. I am still researching my past actions and making comparisions to other cases to determine whether my recently denied documents are indeed defective and if they are, correcting them, but if they are not, seeking remedy a variety of ways. I have read that a Distict Attorney can be disqualied under PC 1424.

1. Can a Child Support Attorney be disqualifed using the rules and procedures outlined in Penal Code 1424?

2 If not, is there any procedure for removing this attorney from hearing my case?

3. If so, please inform.

Thank you.
#4
My case is in a California Court and refers to a Request for Hearing Regarding License Denial and Notice of Motion for Modification of Earnings Assignment.

I filed the abovementioned documents by mail with the court clerk only to discover that the Lead Attorney for Child Support Services intercepted the documents and returned them to me with a note saying the documents were incorrect and had numerous errors. She refuses to tell me what the problem is and my attorney friend has indicated that notthing is wrong with them.

1. Does a child support attorney have the authority to act as a court clerk and interfere with my attempts to file court documents?

2. If not, then what are my options for resolving the problem.

3. If so, do you believe this may be a conflict of interest given the Attorney for child support services is the opposing party in the action?

Thank you in advance.

Dan Curry.
#5
Father's Issues / RETURNING AFTER A LONG ABSENCE
Jul 27, 2006, 08:38:43 PM
Good Evening Radicals, Rascals sand Revolutionaries,

Some here may already know me, or know of me, but most of you will not. I began a fight for my rights as a father when my daughter was merely 14 years old.

In the past 6 years have have fought battles that would baffle your mind. Many eventually became victories, while other battles still loom in the not so distant future.

I tell you this because in order to really know what the plith of fathers are in this battle, you must have lived it or studied it from up close.

I have gone from near postal to passive prisoner in the last 4 years. I live the life of an oppressed father but honestly believe that in the end I will prevail and you may very well too, if you stand your ground and keep your cool.

I wanted to take this time to re-intruduce myself as I may very well be posting here on a semi-regular basis.

Greetings to all and especially My dear Friend Waylon.