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Dear Socrateaser / update on pro supp hearing today
« on: Aug 21, 2006, 09:40:03 AM »

Hearing today regarding BM failure to abide by court order to pay our attorney fees.  

BM and her attorney failed to show.  Our "Sub" attorney (our regular could not come due to trial) finled a rule to show cause for her failure to show up with teh requested information ie assets and ability to pay.

1. What do you think will happen now?

Dear Socrateaser / simple questions I hope.......
« on: Aug 18, 2006, 03:55:36 AM »

Refreshing your memory, IN here.

BM ordered last spring to pay BF attorney's fees within 90 days or failure would result in an  automatic judgement against her in favor of our attorney's firm.

BM failed to do so, I was obligated to pay attorney so I did and inquired about what they would then do to recoup the funds since they had the judgement.  Firm dragged feet and after 2 months I aksed what we can do so that I can get my money back as obviously BM was not gonna pay.  They said they could do a pro supp to collect and asked if WE WANTED TO GO THAT ROUTE!

I told them to go ahead and do what they had to do to get our money back since she failed again to abide by court order.  

They filed agaisnt her - hearing is upcoming.  Yesterday I received a bill from the attorney for the time involved for drawing up and filing the pro supp!  This brings to light is I will be billed for his time to be in court next week as well.

I believe that I should not incur these costs since the firm had the judgement and has a duty to NOT sit on it and let it go by way of the doo doo, that is not in my best interest.

1. Should I point out to the attorney that these costs incurred should not be billed to me?

2. What do I say?

The filing reads that "the judgement creditor owns a judgement obtained in this court against the Respondent on (date) for the sumn of XXX and costs and interest."

3.  Does this mean that they can recoup the remaining balance plus all interest past the date of the order plus attorney's costs to file?

Thank you.

Dear Socrateaser / up their sleeve
« on: Aug 15, 2006, 01:53:26 PM »

IN here

BM has a different pro supp hearing next week for her failure to pay our attorney fees resulting in automatic judgement.  Our attorney asked for copies of her home equity loan and court order that shows she paid over 10K in a previous pro supp/debt just 10 days ago vacating that order for garnishment.

1.  How do you think he will argue this with this information?

BM filed a motion in June that stated our refusal and or failure to pay cs, cs is paid via income with holding order.  BM's attorney refuses to respond to our attorney on how much they claim is in arrears and how/when I refused to pay.  My attorney has seen the state records and agrees with me that all is updated and paid and no arrears are in place.  I beleive that they might try and argue a situation 2 years ago that she went without CS for 2 months, however I had paid the CS (taken out of my pay) it was my employer that neglected to forward those funds to the state under order of with holding, I had no idea of waht was going on.  I believe that they have something up their sleeve that they refuse to respnd to my attorney's questions.

2.  Can they go back 2 years to this situation?
3.  Can we argue taht we followed the courts order and taht CS was paid via income with holding and that the failure was the employers not the employee?
4.  Can we also argue that her suit that we pay her attorney's fees becasue of her inability be argued that subsequent to that filing she paid off a 10K debt, and has a home equity loan of 75K?
3.  can we argue that if she was that hard up for money why did she wait until now to file on something that was resolved 2 years ago?

Thanks for your help!

Dear Socrateaser / Your opinion please
« on: Jul 31, 2006, 05:46:42 AM »

I have posted bits and pieces of this situation to you in the last few weeks, however it is now coming together and I would like you opinion.  


BM received house in divorce that was 100% paid for.
BM has had 3 filings against her subsequent to divorce for failure to pay debts.
2 filings resolved as paid.
Third filing resulted in judgement and garnishment hearing was last week, in excess of 10K and at last minute a filing to vacate as all debt and costs paid.
BM found in contempt in spring and ordered to pay my attorney's fees within 3 months or result in automatic judgement in favor of the firm, she did not pay, I paid attorney - and I instructed attorney to file a motion to collect so that I could recoup the fees I paid him.  Hearing is in 3 weeks.
Went to court house and found in public records that BM has taken a revolving line of credit on the house for 75K of which only 2 K is left to be borrowed.  (NOTE: the loan was only for 75% of the appraised value of the house)
Prior to her paying off 10K, BM filed a petition that I have failed/refused to pay my CS, this is ridiculous as I am under an income with holding order and CS has been paid and even when I changed jobs, I have been paying so all CS is 100 current.  Her petition also stated she is without funds to bring the action to court and asked for me to pay her attorney fees.  THis is set for a hearing in 6 weeks.  

1.  How would you handle the hearing for garnishment in three weeks?  
2.  Would you present the documents that BM has paid the 10K and has some $ left on her revolving loan to pay the $800 in attorney fees?
3.  Would you argue that she does have the ability to pay since she has paid her debts off (all three of them), paid all the taxes on the house and paid for the child to attend elaborate camps and trips in the last few weeks?
4.  How would you argue the hearing set in 6 weeks regarding the refuse/failure to pay cs and request for attorney's fees?
5.  Would you also provide documentation of what BM has claimed her annual income is and that I continue to pay towards day care even though the child has not been in day care for 3 years?

Any insight you can provide is greatly appreciated since my attorney will have a sub for the hearing in three weeks.


Dear Socrateaser / Judgement and collections
« on: Jul 20, 2006, 10:28:04 AM »

IN state.

BM has 2 judgements on her 1- failure to pay credit card, in excess of 10K plus costs and insterest and 2- failure to pay our attorney fees, resulting in auto judgement by the law firm who is the Judgement holder.

Judgement 1 is set for a court date next week for collections, she has to show proof of income, assets etc.

Judgement 2 - has been filed asking for a court date, for her to show proof of the same above, and an order to follow thorugh with collecitons.

By my records from divorce settlement, monies I paid her, monies she was willed, assets in home (100% paid for at time of divorce) she has been paid 110K and has another 150K in assets, IRA's and pensions.

1.  What will likely happen and
2.  what will likely be attacked?

BTW, she has only reported that she has $600 in bank and has repeatedly reported the last ten years as manking $984 week, and previous 2 filings for collections resulted in repayments within the last 18 months.

Just want to know what and where I need to be looking, since Judgement 2 will actually end up being a repayment to me since I have paid in full the attorney's fees.


Dear Socrateaser / Abuse of process - false filing?
« on: Jul 07, 2006, 10:12:32 AM »

IN state

Went to Courthouse to pay on CS Wednesday, they told me that there was something filed the previous week on our case.  I went to the courtroom and spoke to the recep. and obtained a copy of the motion and the order.

Motion was BM accusations that I "failed/refused" to pay my cs.  She also signed the motion that under penalty of perjury that the allegations were true to the best of her knowledge.  THis was filed the 29th.  On the 30th judge signed an order to appear and set court date.

I was under a with holding order from July 04 until third week April 06 when I changed jobs.  CS was sent by my employer to the state and I have copies of receipts and transactions.  SInce I changed jobs, no with holding has been put into place so I have been going to the court house when I was in the area and paying several weeks at a time on CS.  

There have been 27 weekly payments made to date on the CS , the one right previous to her filing was less that 2 weeks prior to her filing.

To make matters more confusing - her attorney filed the action and did not list anyone on the distribution list, and listed me on the distribution list for the order - my attorney was completely left off and I would not have received a copy of the filing had I not been at the courthouse on Wednesday and paid for my own copy, the order was sent to me and an email to my attorney with scanned copies of the motion and filing confirmed that he was not aaware of this new action.

1.  Isn't this perjury to claim failure/refusal to pay when she has received all payments?

2.  What can be done to stop this ridiculous action?

3.  Can something be done to correct BM attorney on his distributions?  I am assuming that was intentional - since BM attorney has been in court before with ours.

Dear Socrateaser / can you translate for me please?
« on: Jun 15, 2006, 03:22:51 PM »

1.  Can you please translate this so I can understand?

It is therefore the order of the court that Judgement be and is hereby rendered against Defendant, in the amount of XXXXX plus interest at the rate of 6.000% from (date) in the amount of XXXXX for a total of XXXXX plus interest at the rate of 6% per annum from the date of the judgement until paid, Plaintiff's court costs expended herein, and for all of which execution may issue forthwith.

2.  The money is still owed, a judgement entered, now how does this place collect?  

(You guessed it, it is a Diff judgement on the BM, she just refuses to pay her bills)

Thanks Soc.  Have a good evening.

Dear Socrateaser / Failure to abide by courts orders for contempt
« on: Jun 12, 2006, 02:08:26 PM »

IN state

BM found in contempt twice in last court order and ordered to pay my attorney's fees "within 90 days to (XXXX law firm) or the same is reduced to judgment against Respondent and in favor of (XXXX Law firm.)"  BTW BM also previously fined for failing to abide by a discovery order and multiple failures to abide by vistation orders, mediation orders and compel orders from the court.

BM has not paid.

1. How does the judgement work?
2. I paid the attorney the balance remaining, do I need to file a contempt motion to recoup these funds?

Thanks a bunch!

Dear Socrateaser / Can you make heads or tails of this?
« on: Jun 02, 2006, 02:26:11 PM »

Indiana Here, courts orders are to follow the Indiana Parenting Time Guidelines "without alteration".  At the conclusion of our last hearing where BM was found in contempt X 2 for failing to abide by courts direct orders, we asked our attorney the question that given the "without alteration" clause in the order, if BM signed child up for an activity on my weekend without my consent what happens, the response was that BM can not take that weekend away UNLESS per the guidelines the parents agree to another arrangement.

BF asked BM to switch a weekend so child could go to school weekend field trip, BM refused, in absence of aggreement BF told her that the EOW clause without alteration and in absence of aggreement BF would get child at 6 PM.  Child not there at 6 PM, this caused BF to not see Child from March 24 weekend to May 5 weekend.

Per the guidelines, when a parent looses time due to a event outside the normal family routine, the parents are to agree to a weekend make up time if no aggreement is made NCP (BF) is to select the time.  BF has selected this time - BM refused it multiple times and multiple wekeends.

Her rationalization, is that BF FORFEITED his weekend by not coming to get the child when child returned from trip (4:30 AM Sunday AM, BF was never called nor was on emergency contact sheet to pick up from school, BM did not contact BF at all), but BF was there for pick up per the court orderd 6 PM exchange at the house, child nor BM were present.  All documented.  

Question #1:  Can you make any justifiable reationalization of this so called forfeiture in absence of an agreement between the parties?

Question #2:Can you give me a rational written response I can give to BM since my attempts to tell her that you can not forfeit something that you do not have to begin with theory?

Question #3: is it time to give up trying?  I have spent 90K in legal fees over the last 12 years, I have no retirment or savings left and the courts keep only giving her a slap on the hand.

Thank you for letting me rant!

Dear Socrateaser / Question on CS post below
« on: May 18, 2006, 10:37:25 AM »

The below post intriques me - here was situation.

DH under CS obligation, lost job filed for CS reduction due to change in circs.  Went to court and after 3.5 years a cs order came out, court ordered X amount and Y in arrears.  DH paid this faithfully for 5 years in cash directly to courthouse.

After 5 years TItle IV agency wanted total payment of arrears and froze all accounts.  Showed them court order that we were paying CS and arrears by terms of order, they claimed they "could becasue they could"  (as other poster noted - loose excuses and never consistant and never a valid reason).  No court order to do so from judge, but Prosecuting attorney sent "order to with hold all assets until arrears paid in X amount" to financial institutions.  

1. Who was in legal right?
2. Can a prosecuting attorney's "order to with hold" over ride a judges order that was being followed?
3. Note the length of time to render a cs order, should something have been done? (neither attorney would file a writ of mandamus sp.)

Although all is over with and we lost the fight and all our money, and only 5 days from being homeless, I still have a sour taste that things were not legally done on the up and up.  TY

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