Re: Surviving the Legal System
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Frustrated is putting it nicely!
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Date: November 27, 2007 03:02PM
I had a "verbal agreement with my exhusband, the called me and told me he would pay of our daughers wedding 3 years ago.
He NEVER paid me, never returned my phone calls or emails He never even knew how much it was.
For some reason, AFTER the wedding my daughte and I started fighting and she told me she didn't care if Dad gave me any money toward the wedding. HE had the money in Feb. (when he called me and he knew the wedding was in Aug 04). but she told me he didn't have the money now. I tried to tell both my kids, this was between Dad and me. (He got them involved, he told them what he should have told me!)
I have not spoken to him in over 3 yrs. because he "always gets off" he slacked on the child support payment was 30 days late, paid less than the half the amount and I still got my support reduced. My attorney was suppose to file 3 judgements against him and she didn't on all of the back child support money.
My ex woud have nothing to do w/ me kids till they became 18 and the child support stopped. So, being an adult, when he came around they were finally better late than never getting a realtionship with their dad.
I went to the Fairfax County Law Library and it states" Upon the known date of breach on a verbal agreement or an Intent to pay, you have 3 years to file.
Well I never sued him because I cared to much for my daughter but it always hurt me and left me confused when she told me about not careing if he ever paid me or not and that " I" ruined her wedding memories.
So, I took out a Warrant in Debt for half the amount. I filled out 2 Warrents in Debt on the same day, the same way and the same Judge asked for the bll of Particulars and the Grounds of Defense on one (which was not mine) and never ordered it on mine against my ex.
I have gone infront of the Chief Judge Donohough (?) and today,he refused my request my the Defendent to provide written documents showing anything he paid, if he paid (My daughter will no longer have nothing to do with me and her and her family have been living the basement of her dads house since May. She's even keeping me from seeing my grandchildren and told me I was crazy, how dare I sue Dad? And she will stand behind him 100%.
Today I had to argue with the judge nicely, that his work is no longe valid and I need to have any of his documents my daughter just informed in a letter that he paid $6,000.00 toward her wedding. However my daught took all my checks herself and thank goodness I wrote on the memo part of the checks which deposits they were for.
The Judge was very rude to me, so I felt I had nothing to lose except my case.
I told him in order for me to have a "fair trial" I need to know how to prepare for my case in Dec.
He finaly got so mad at me. He told Me "I'm going to go ahead and Grant you him to provide The Grounds of Defense that are due December 7th, but YOU have to write him and request them along with a copy to the court.
THEN he said, "If you want receipts, then go file a subpoema YOURSELF and get them because I'll tell you right now,this is a thin case and I suggest you hire an attorney.!!!!!
I was sooo mad, I gave him a dirty look and just walked away. He has already deterined I am going to lose this case and this is NOT fair, he just doesn't want to deal with it. but I hung in there and held my ground because I really don't think he has anything. My daughter never told me who she chose as her cateerer, the cake, the photographer, but she had no problems taking my checks in the amount each of $1,000.00 to $1,500.00 when she'd call me and tell me the deposits were do. Then in her letter after he was served she was very nasty to me again and said Dad paid the catteer $3,500.00 plus a $500.00 tip.
Well I found out who they finally were in her letter to me dated 3 yrs. later and not once did she ever tell me she had Dads credit card, etc. So I got a copy of the cateerers bill and it costs $2,200.00 of which I paid, AND they said he in no way gave a $500.00 tip, they have to disclose that and they said they wish.
I told them i paid for the whole wedding but do they remember a $50.00 tip, that was all I could afford to tip out everyone and they said they do have that on record.
I feel it is within my write, and since there is a LAW, that I should get a fair trial, and now after the way the Judge acted I know I will not get a fair trial.
I want to turn him in, what do you think? And where do I start? He is the Chief Judge in Civil Court at Fairfax County Courthouse. I've been up in front of him on Novemeber 7th, but my case was not heard, he sent me to courtroom 2A after sitting there for 2 hours and said. "Are there any motions I have not heard today?" so I raised my hand and he pulled my file from the bottom of the stack.
He still had about 25 more creditors to go through. This is when the door stuck as I went to enter an empty courtroom and I still have a black eye today, they rushed me to the hospital and the Judge as I told him was made aware from an Attornies name I had written down and she told me not to worry she would let the Judge know.
so today I told him he rescheduled my Motion to be heard on Dec. 10th, but my Court Trial DAte was Dec. 1th, and I need those documents sooner. He said, "I didn't renwew your court date, so i said, I apologize your Honor the court system did and I'm back here oday for you to hear my Motion and get the Defendt to file a Grounds of Defense. He finally realized I was not going to give up, so that's when he said, Ok, i'll give you your order but you do it all and it's a very Thin case anyway, i don't see why you want anything?
Is this unfair? Unjusted? Or am I just tired of being pushed around? I told him I had done all of my research in the Law Library and the Internet but he acted like so what? ANd he acted like just like get out. we both gave each other dirty looks and I had NO idea I was going to be treated so bad, I jus stared at him, picked up my papers, and walked away I never even thanked him.
He was rude, unethical and treated me like i had no reason to even be there.
What can I do??? HELP