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Re: [tips_and_tricks] Document1Repsent wife

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  • pd
    Doug -- Let me see whether I understand this correctly. You have no idea what you are doing so you experiment on your wife and then decide it is time to ask
    Message 1 of 12 , Aug 11, 2005
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      Doug -- Let me see whether I understand this correctly.  You have no idea what you are doing so you experiment on your wife and then decide it is time to ask for help on your stuff?  Did you do something incorrectly?  Probably everything.  When the attorney filed the claim against your wife in court, was it accompanied by a sworn affidavit from the plaintiff and was there also a corresponding affidavit from the attorney attesting to the fact that the attorney has reviewed the case and declares it has merit and he has the evidence needed to prosecute the case?  Was there any proof attached to the complaint showing the existence of the original signature document creating the "debt'?  Were the ledger sheets attached to the complaint as proof of the fact that it shows you as the debtor instead of the lender?  Was the subject matter and in personam jurisdiction properly proven to the court so that the court has jurisdiction in that case?  In the event these things do not exist, did you challenge the jurisdiction of the court (jurisdiction, once challenged, must be proven)?  Did your paperwork include relevant State statutes, federal law and case cites?  Was your paperwork on point or did you just try to bury the opposition with irrelevant and immaterial B.S.?  Were you wise enough to insert yourself as an interpleader in your wife's case declaring that you have a vested interest because of community property rights and obligations (in the event your State has community property rights)?  Do you know how to file a demand for reconsideration on your wife's case within ten calendar days after the ruling of the court?  Did you file a notice of appeal on your wife's case?  Do you know and understand what issues you can bring forth on appeal and whether you properly raised all issues necessary at the time of your wife's trial (did your wife even get a trial) to appeal those issues?  In the event these cannot be answered in a concise and intelligent manner, may I submit it may be in your best interests to spend about 20 hours a day, every day, studying your local court rules, rules of evidence, rules of conduct, State statutes, relevant case law, etc. or you will do as much damage to yourself as to your wife.  pd
      Doug <rudi2396@...> wrote:
      Just got back from the Atty. at where I tried to represent my wife on a
      credit card civil summons. I tried everything and I do mean "everything"
      about 25 motions altogether. I am sure I went about it the wrong way but
      was good experience. I will have to go through another within 30 days,
      this one is mine, I will be able to give them a "fit"
      Is there anything i can do to stop the "judgment"? is it too late?  the
      one for my wife!

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    • Doug
      Did ask and in a motion the hearing judge would not even recognize any thing. All motions where denied the court system is (UNREAL)
      Message 2 of 12 , Aug 11, 2005
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        Did ask and in a "motion" the hearing judge would not even recognize any thing. All motions where "denied" the court system is (UNREAL)

        M&M wrote:
        Did anyone ask the CC company to produce a bilateral contract between the wife and the CC company?  Does the CC company have proof of a claim?  Validation of debt?  Ask them and if they do not, then they do not have a claim and this will be dismissed.
         
        Mike
        ----- Original Message -----
        From: Doug
        Sent: Wednesday, August 10, 2005 10:29 PM
        Subject: [tips_and_tricks] Document1Repsent wife

        Just got back from the Atty. at where I tried to represent my wife on a
        credit card civil summons. I tried everything and I do mean "everything"
        about 25 motions altogether. I am sure I went about it the wrong way but
        was good experience. I will have to go through another within 30 days,
        this one is mine, I will be able to give them a "fit"
        Is there anything i can do to stop the "judgment"? is it too late?  the
        one for my wife!

      • Doug
        The motions filed where in her name and mine, most where in her name but I started putting both names on them, the Atty. threaten me saying he would report
        Message 3 of 12 , Aug 11, 2005
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          The "motions" filed where in her name and mine, most where in her name but I started putting both names on them, the Atty. threaten me saying he would report me to the state and also the Judge said he would let me speak "but" he said before I did that he would report me to the state for practicing law w/o a license, I spoke anyway. I told the court that nothing has been shown that she owes anyone anything, "no first hand personal knowledge" and I can represent her and showed some case law on it.
          The atty. and I got into a "very big" and very loud disagreement out side the court room. He said and I quote and have it on tape "I am the Law" I let him have it  at that point.

          gary wrote:
          The document you attached is and order denying your motion to vacate a void judgment and they were correct in denying it as you do not have standing to file the motion, at least on the surface you don't have standing.  You say you filed 25 motions, were these motions in your name as representing your wife because, there might be a chance that if they did allow you to do those motions for her, they gave you standing and should not have denied it with this last motion.
           
          You should have had your wife file the motion to vacate, she still can as they didn't have a motion from her to deny.
           
          You didn't give any idea on what was the basis of the motion to vacate a void judgment.
           
          Gary 
           
           
          ----- Original Message -----
          From: Doug
          Sent: Wednesday, August 10, 2005 11:29 PM
          Subject: [tips_and_tricks] Document1Repsent wife

          Just got back from the Atty. at where I tried to represent my wife on a
          credit card civil summons. I tried everything and I do mean "everything"
          about 25 motions altogether. I am sure I went about it the wrong way but
          was good experience. I will have to go through another within 30 days,
          this one is mine, I will be able to give them a "fit"
          Is there anything i can do to stop the "judgment"? is it too late?  the
          one for my wife!

        • Doug
          she won t EVEN think of it
          Message 4 of 12 , Aug 11, 2005
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            she won't EVEN think of it

            JD wrote:
            You will note that the judge dismissed your two motions "with prejudice" which means you can't raise them again.  Your best bet, if you don't want a lawyer is to coach your wife to represent herself. You are permitted to be counselor, but you CANNOT speak for her.  If you do, the judge is going to get pi**ed at you and in all probability rule against you.
            ----- Original Message -----

            It's not too late. You can apeal, move for a rehearing or a number of other things within 30 days

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