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donata

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  1. I understand that in normal circumstances, that (reason only) would be a "given". I didn't want to go into all the details, because likely, I will have to do some research. However, I am assuming IF I can find cases with "court approved" extenuating circumstances similar to mine, I can add those. I HAVE to do something (include learning what I need to in order to protect myself FROM the court). I recently "had to" attend pro supp meetings with former attorney and what's the choice (at that time)? A body attachment if I don't show and no way am I going to find a "ride" to a court 50+ miles away ... but I could be arrested, lose my car, etc ... all to show (or try to show) the TRUTH: right now, I am exempt. NOW I know I likely could have "answered" by mail, using "affirmative defense" (that I am exempt). Either go before judge, or not. But not all these continuances with attorney harassing me to make a payment arrangement and being stressed out all the time. I never knew people are supposed to "answer" claims filed against them (or should I say "may answer"). I thought you are supposed to show up in court and present your testimony and evidence, if any. I don't want to file (appeal) at this point, I was not served notice of hearing or suspension. I never had a hearing or opportunity to present my documents. I was stopped here, in the city I live in, but when I went to the court here, I learned I had to go to a (town) court 25 miles away (where the police officer who made the stop was based). Either way, many of the commentaries I've seen (so far) state that the court "benefits" by ruling on the "merits" rather than through default, therefore it would seem if there are reasons that advance justice without being spurious or detracting from court procedure, dignity etc then there might be a chance ... and that's better than the circumstances I have now. I have found a (successful) appeal (pro se) of a traffic ticket, though it is not for publication and therefore I know can't be cited. Uma Chaluvadi v. City of Indianapolis (NFP), 8-25-2010 does provide some useful help, noting the vagueness of the forms, etc. The individual in this case was under the impression she received a warning rather than a ticket and that was for a moving violation. (She) originally "appeals the trial court’s order denying her motion to set aside default judgment. Chaluvadi argues that she has established excusable neglect pursuant to Trial Rule 60(B)". I can study the appeal to help me figure out "how best" to approach the trial court and any applicable cases/rationales, as well as look at any other cases I can locate. However, I am still open for thoughts, guidance or resources! And thanks for replying ... right now, I can't waste money ... I don't have any! And maybe some of what I learn can be put to good use in future; what's the saying: something along the lines of necessarily (or often) passing failure on the way to success. I've actually advocated (successfully) for others in past and find that's a LOT easier than for myself!
  2. Hi, I am trying to look things up BEFORE asking, but I'm a little confused having done so. I received a traffic ticket and was not able to make it to the proper court timely. I won't go into all that, but I DID make it in before the time was up to file a motion to vacate the judgment was up under Trial Rule 60(b). The ticket was for not having a muffler and not having proof of insurance (though I was and have been continuously insured) with me at the time. I did bring the documents to the court; and the CCS notes that I was there previously. I tried to explain what I was trying to accomplish, but the clerk told me I could "deal with the collection agency" and that if I didn't leave, I'd be arrested. At that point, I was pretty flustered and trying to explain that I wanted to obtain a hearing, but it didn't go well. I have learned that various courts (or judges) want their "own" paperwork, so was trying to find out BEFORE. I apparently am limited (now) to Trial Rule 60(b)5-8. I looked first at the forms on the findlaw page and saw a "verified motion" to set aside default motion, I'm not super sophisticated in law, so I did some googling and learned about "verification". Since I am not in the habit of lying, I was a little surprised to learn what it meant. Anyway, I was also able to find a packet from Washington State that gives the various documents needed (there). Went to the in.gov site, but their "forms" selection is very limited. I also looked at another site that shows an example of a completed form ... including a "table of authorities" with case cites. Another site I visited says "A Rule 60(B) motion is similar in all court levels and in federal court so you can find samples online that you can modify to fit your court and circumstances". I merely need to have some sort of idea what I NEED to file; I'd prefer to have a professional handle it but I can't afford anything at the moment. In looking over the Trial Rules, it would seem that T.R. 7 (Pleadings Allowed - Form of Motion) and beyond are what I need to follow (?). "Construction of pleadings. All pleadings shall be so construed as to do substantial justice, lead to disposition on the merits, and avoid litigation of procedural points." (T.R. 8F). There are other places where the actual type and size of paper, font and etc is specified, so I'm thinking that if I follow all of that, make sure that I am as concise as possible and ask for the relief (which I am guessing is dismissal of the charges/infractions as well as vacation of the default judgment against me) and also specifically cite any code or case law applicable, have the paperwork "verified" before taking it to court. Last part I'm not sure of and I'll do more reading, but if I have "evidence" (supporting documentation) should I enclose it with the paperwork I bring to the court? Or do I bring it when (if) I am granted a hearing? I have read that all items (evidentiary) should be originals, even if those are copied and returned by the court. I just am not sure if judge(s) prefer to see/know that there is more substantiation than a statement, verified or not. So I would bring originals to a hearing, no matter whether they need to be attached with a motion or not. I'm new at trying to find some of these answers, so it'll be appreciated if anyone can provide some guidance. I mostly have experience with court because of divorce and only yesterday really understood that most of the time, something filed against me often can be "answered" (and sometimes should be) without a hearing, in the form of a defense, claim (cross or counter) and I will honestly say I don't know the difference between all of them but am willing to do the work when I have the information. Thanks.
  3. I know this is a bit of an "old" post but merely wanted to add that the only time the "working at a job for a certain length of time" applies is in regard to SSDI vs SSI benefits. For SSDI, you must have earned a certain number of "credits" and there is page at the ssa.gov website http://www.ssa.gov/planners/credits.html that gives those credits (it varies by age) and another page https://www.ssa.gov/redbook/eng/overview-disability.htm gives a good overview of the differences between SSDI and SSI, as well as additional links for things like resources for returning to work.
  4. Hi, I've been doing extensive reading to try to understand the "stuff" that I've been trying to cope with and move past. In a nutshell, I went through a divorce that was filed against me in 2010. I would have preferred an amicable split, just having a few months to make some rational plans and implement them (and of course, improve finances). Instead, I was subjected to an expensive and protracted process that resulted in my credit being ruined and most of my possessions taken when I was evicted from the marital property in 2014 (sold to ex-brother-in-law at sheriff sale). Our children's credit was adversely affected as well as them losing most of their possessions. Anyway, I have not had time or peace of mind to determine whether bankruptcy or another method of dealing with debts would ultimately be in my best interests. I had excellent credit at the beginning of the divorce and tried to work with creditors, but as is typical in many divorces, the other party refused to comply with orders (or just decency) and I ended up paying a lot more than normal and only one or two creditors were willing to be "understanding". So I have a few judgments against me. I've heard a lot of different things from various places; my "ex" attorney (who already got more than I ever will out of my marriage) has had me come in for debtor's exams lately, even though I explained I am currently "exempt" (from seizure or garnishment). I've resisted pressure to "make a payment arrangement" because I've had a heck of a time just getting through each month since the court effectively rendered me homeless. I've finally managed to get to a place where I actually have phone minutes and gas the whole month, though often I have little or no money for a week or two. I'd like to start working again; I was under the misapprehension until recently that I could make very little before being subjected to garnishment. I have two, maybe three questions: 1) Another post gave me a link (and I found another section of code) that gave me the current information regarding garnishment and exempt property. I learned that those who are seeking repayment (hold a judgment against me) can query the Indiana Workforce database (or something similar) and though I wouldn't try to hide the fact of employment, I don't want to start a job and have all sorts of interrogatories sent to a new employer, especially if it is merely a part time job to begin. But more to the point, I have SSDI income. If I start to work, am I under the same rules (as regards garnishment) as someone without that (disability) income? In other words, I want to work at something part-time to rebuild not only my confidence but also have some solid ground under me again. And whether ultimately I have to file bankruptcy or whether I can pay creditors is going to be dependent on more income, I'm only surviving for the moment. 2) One attorney (who was executing judgment against me) was speaking with me regarding dealing with the debts I have, once things improve. He mentioned "debt settlement" and recommended getting good information and doing it myself rather than paying a company. I've found some sites with forums and such that look promising, but also I'd like to get information (reliable) as to how various forms of dealing with debt are viewed/hinder or help, ultimately and affect an individual ... and any other good information anyone might have that is fairly simple but informative. Also, I've heard of there being debt settlement and bankruptcy, but what else (is there), if anything? I know debt consolidation is just one loan rather than many; I doubt I'll qualify for any loans anyway, in the near future. Decided to stop at two questions and do more research before asking more ... thanks for any information or guidance.
  5. Thank you for the response and especially the specific Indiana code. I found that one and read it (as well as 24-4.5-5-105) which helped me know the current amounts for income subject to garnishment and property "exempt" from seizure. I've been doing a lot of reading, here and other places. The second part (of my post) is confusing and I probably need to research more before trying to even ask a question about it. Anyway, I did learn that I need to file an "affirmative defense" and that case law in Indiana has established that even if I don't know enough to do so, I don't lose my rights thereby (in theory, at least). I also learned that some of the county courts provide information and a mechanism for doing the debtor's exam (or proceedings supplemental) via mail rather than forcing someone to travel a long distance for no other reason than to appease a creditor and avoid a body attachment being issued for "no show". Even though I was able to determine that I HAVE no income or property subject to seizure/garnishment at this time, I've been forced to go in twice as I was told I was to go before the judge the second time (to tell my "sob story"). I am thinking I may have to go before the judge in order for it to be determined that I truly am "exempt" for now, but I have to look into that. Guess I will try to learn more about filing affirmative defense and so on. Thanks again!
  6. Several weeks ago, I was served a "proceedings supplemental" by the attorney who obtained default judgment against me in 2014. I learned that even though I fall below "exempt" levels in terms of assets and currently only have disability income, I MUST attend or be at risk for body attachment warrants being issued. I made the 100 mile round trip (with suspended driver's license) and met with the attorney, who seemed 1) displeased that I am not employed and 2) is adamant that I MUST agree to a "payment plan". I have seen mention of "filing exemptions with the Court" but there are never any explanations as to how this accomplished. At any rate, I was told I must now return in a couple weeks to go before the judge, who "won't accept" less than a $50/month payment agreement. The attorney insinuated that I'm not "too disabled" ... I SHOULD be working, to pay the attorney, apparently. And if I am not working, I need to dig into the disability money, despite the fact that it barely makes the monthly living expenses. I was told I can do this "the easy way or the hard way" and that I "like the hard way" and THAT is the reason I now have to go back to the court. I told the attorney I was left with numerous problems to deal with (on my own) when I was defrauded of settlement; this was after telling atty I had only disability income and believe my assets fall below the exemption level set for the state. I also explained that I am not willing to make a promise that I can't (be sure to) keep. So, I can now go to court again in about a week, tell the judge my "sob story" and the insinuation is that won't get me very far. 1) How are "exemptions" filed with the court? 2) Is there an automatic right to reassign a fee award (from divorce decree) based on sale of real estate to a personal judgment against me, when I took every action I could to avoid the default (of legitimate sale) engineered by ex, which was beyond my control, but which was predictable and preventable - had the attorney chosen an action besides "withdrawal from the case" (which also gave ex clear signal that the field was clear for action)? My insistence a timely motion to clarify/modify the decree was the reason for withdrawal. but it turns out I was correct; the silence and vagueness of the decree was used to defeat it, denying me equalization, dependent benefits ordered returned and ultimately, my personal possessions and those of our children. Based on the appraisal, ex could have received no more than about $10k and that only after the attorneys and I were paid. Instead, the intentional foreclosure and sheriff sale purchase (made by his brother) netted an instant $91k equity (plus, I am told, rental income, now). I was paid up to the time of the divorce hearing. The decree stated a "mutually agreeable" realtor be hired, but ex signed a one year contract with an agent "for show" and it's my understanding that judges can't interfere in private contracts. There was no mechanism to ensure the realtor was "agreeable" (and motivated). I was not on the mortgage or deed and it took me several months merely to get the information from the realtor, in order to petition the court for a change of realtor. By then, ex had allowed the house to go through foreclosure, intentionally. I was not even "allowed" a copy of the contract; I was denied settlement conference in the foreclosure and denied the opportunity to speak at the eviction hearing (small claims court). I'm being held responsible for the failure of a decree that I could see was quite flawed and in which I was not the only actor charged with performance. Any assistance or insight is appreciated. Thank you.
  7. Thank you, FindLaw_AHK and Fallen. I have checked into the State Legal Aid resources previously; they are usually backlogged, but good in dispensing some general suggestions if they cannot help. The majority of problem seems to be stemming from problem gambling and personality issues with that, with lackluster response from law enforcement and my attorney. I recorded many interactions, with the ex, law enforcement and my attorney. He threatened to kill me and told me he isn't "going to stop" until I don't "have the right to walk the dirt". But most of his actions are designed to keep him safe from prosecution ... I'm sure he and others who do this realize how protected they are as long as the matters remain in the civil realm, almost necessitating victims to find funds to hire an attorney. The officer I made the report to didn't tell me I needed to press for prosecution and by the time I found that out and made attempts to, the statute of limitations was expiring. I was told the officer's report DIDN'T reflect what I said happened; I sent the prosecutor a recording of the incident. At the time, I had been awarded "exclusive use and possession" and he came bounding in without knocking and started raging at me in front of our teenage daughter. The officer's report stated he "couldn't find the order" ... later, the prosecutor's office claimed they didn't have a copy of the protective order; even though their office is 50 feet from the Court clerk's ... then they said it was expired. He made many filings to the Court, after he filed for the divorce, to try to have me removed. I checked his conditions of probation the other week, having learned that staying away from the victim is sometimes ordered as a condition. It's not ... he is free to continue harassing me, unless I am able to get another PO ... and I am doubting that will happen, as the Court is free to deny such, unless the evidence rises to a level warranting it. I suppose I am "screwed", unless the matter IS referred back to the (divorce) Court ... or the (SC) judge sees that his previous two requests filed with the divorce Court were denied and realizes that he is merely trying to circumvent its authority. Maybe try to introduce the evidence when he didn't like a previous order from the divorce Court, where he yelled at me, "F the judge ... he can just come and look for me," or when the PO was issued, "This isn't going to stand! I'm going to cancel the divorce and get your a** thrown out of here." I'm scared, because for everything I've tried to do to just get out in reasonable fashion, I've been circumvented and loaded with costs I knew I couldn't afford. Plus, working my butt off, just to watch my life crumbling around me anyway. I did file a pro se appeal/motion to clarify in timely fashion when my attorney refused. However, I live quite a distance from the Court and they noted on the CCS that HE filed a motion ... I was checking on-line and thought the judge hadn't acted on mine. I went in to check and found that it was mine, and had been denied. There was not enough time left for me to figure out how to file a further appeal to the denial. I also had filed for the PO to be extended while the settlement was completed ... it was denied as the "Court has no authority" to extend ... I am still not sure what that MEANS, but I knew the denial would merely lead to more problems. I appreciate the responses. I will again check with the resources ... maybe I can catch a break. And with the police; maybe another officer will be more versed in the law ... I am thankful for the ONE officer who actually took a report (and one of the least severe offenses) seriously ... out of the many I've dealt with.
  8. Thanks; my attorney withdrew once I ran out of ready funds and credit. I requested a motion to clarify matters, as I understood that there were going to be problems. This was refused; I am left to deal with the matter as best as I am able to.
  9. HI; Indiana. Divorce was final 11-2012 with order to sell house. Upon sale, 1st award to attorneys, then equalization due me, then 50/50 split. At the time of divorce hearing, DV protective order in place, due to multiple occasions of threats, intimidation and destruction of property. However, the decree silent on possession and costs til sold. Before withdrawing, my attorney told me the protective order would protect possession (myself and our two daughters, who are college age and one still enrolled). An obligation for post secondary support is in the decree as well, but no allocations were made. I have been paying all BUT the mortgage since January. Plus, doing the upkeep on the house. I just learned that ex signed a one-year contract with the realtor; I have never received a copy, despite requesting one several times, but the realtor did (finally, last week) tell me that ex said the house to be sold at the high end of appraisal "because the judge said so". There have been only 4 showings to date, despite a fairly active market here. I applied for extension of the protective order; denied due to "Court not having authority". I received a written demand for $7,000 "back rent" less than 8 hours after the PO expired. I have received numerous texts demanding money and that I "get out". Last week, he showed up, came in without knocking and started shouting, demanding I get out. Our eldest daughter was in the house and got involved; he started shouting at us that none of us have any right to be in "his" house. It is titled in his name, but became part of the marital estate. He filed Small Claims against me on a form that states "Complaint Possession For Non-Payment of Rent". The date the divorce was final is listed as the date the "rental agreement" was made. The only thing I have is a letter from his attorney to mine stating that he would no longer pay any costs associated with the real estate. I never made any agreement and actually, would prefer to not be here ... but his refusal to settle on terms friendly to him (If he would have granted me several months to pay down bills and save money, I'd be gone) makes it impossible to leave, without being homeless; I'm still trying to catch up on bills. Prior to filing in Small Claims, he filed papers twice with the (divorce) Court asking they order me to leave. Their last answer was: "Petitioner files second memorandum requesting a hearing relating to the removal of Respondent from the former marital residence of the parties. This former marital residence, identified as xxxx STREET, Indiana, was ordered sold by the parties in the Decree Dissolving Marriage issued November 20, 2012. Due to ownership issues and this Court's decree, Petitioner is once again strongly advised to seek the advice of independent legal counsel in regards to the issues raised in this memorandum." I'm not sure whether to file a motion for dismissal with the Small Claims (for lack of jurisdiction?) with the divorce orders, or ? I am well aware, based on experience, that he is trying to get out of the ordered settlement. If he is able to evict me, the house will never sell and he will never make any settlement ... or it will be piecemeal and only after protracted Court involvement. I have read some of the articles and am considering the plan that you have, as it would be helpful for someone to look over papers I would need to file. My attorney withdrew because I ran out of money, so I've been treading water and trying to regain some solid ground. I don't enjoy Court or fighting, but it is impossible to reason or mediate things out; if he doesn't like a Court order, he refuses to follow it and merely finds different means to accomplish the objective in his mind. I'd appreciate some suggestions on how I might handle this situation. Thank you.
  10. I'd like to have some peace of mind, and I wish I had some option to bring what is occurring into view. He just left, telling me that he is going to file bankruptcy. That he will get me out of here and he will not have to pay the (divorce) settlement to me. There is an equalization clause in the decree in my favor, but as it is not "support", I know it may be dischargeable in a bankruptcy. I did not want to speak with him, but had I not, that would have put our daughter in the middle. I have a high degree of anxiety due to things that have occurred in past; it makes it difficult to concentrate and do what I need to. There ISN'T any point in speaking with him, as he is not reasonable and is dead set on harming me. Our 19 year old's credit is wrecked because I don't have the time and peace to deal with bills that technically, we (parents) should be liable for (medical and college). I already have an anxiety disorder because of what I've gone through and I don't like having to worry or think about things that might or might not be true, legally.
  11. Hi. Indiana. Went through divorce with ex; we were ordered to sell residence (I was allowed to live in) at trial. He filed, kept threatening and destroying things and a protection order was put in place. He violated and was sentenced to a year, in March. He was placed on probation. My PO expired in June and the Court would not extend it. 8 hours after the order expired, I received a demand to pay $7,000 in "back rent" (nothing ordered in decree) and "vacate". He is filing things (pro se) with the Court to try to have me removed. Plus, I just got more text messages telling me I still need to get out and owe $1,000 for each month I am here. He also placed himself back on the auto policy several months ago (which comes from my bank account); I can't remove him without screwing up our daughter's policy; he hasn't paid for his. The house is for sale, per order, and is supposed to be "mutually agreeable" realtor. I let him choose the realtor, but I am unable to get any response from that realtor about the contract, or a copy. I was able to speak briefly with an attorney, who suggested switching realtors after getting several market analyses done or putting the house into receivership. But with only two showings in six months in a much stronger market, I'm not impressed with the realtor's efforts ... but I don't know the terms, either. I would like to get this transacted so I can leave. I am already aware that if I vacate, the house will likely never be sold. However, it is a great deal of stress to have to keep worrying about what he is doing "behind the scenes" and the legalities. I would gladly have been gone a couple years ago and in his favor, but he has in his mind to destroy me financially since I didn't get out when he first filed and he demanded I leave. So I am pretty much trapped until I have funds to leave. I'm wondering whether to ask for a new protective order, contact his probation order, or ? Any suggestions would be welcome. Thank you.
  12. Anyone know where I might be able to get information/answers?
  13. It's already started ... 7am and I've gotten a "notice to pay rent or vacate" ... in the amount of $7,000. Apparently, I am "in default". This is NOT a guy who wanted or wants a divorce ... he has a personal problem and is taking it out on me.
  14. I would like to have a protective order in place. Since I cannot leave (unless I don't mind being homeless) until the terms of settlement are fulfilled; I WANT NO INTERACTION WITH HIM FORCED ON ME. I want NO interaction with him, ever again. I received the actual paper today in the mail. It states: "Petitioner, pro se, files request to extent (sic) protective order entered June 14, 2013. Court denies this request as the Court has no authority to extend this protective order." I am not sure whether to request a new one, or what. When I contacted the county DV agency, I was told that filing to have the current one extended should be sufficient (especially as he was recently convicted of violating it).
  15. I just learned that my request was "denied". The judge stating the Court "has no jurisdiction in this matter". I am confused; the protective order was filed during the divorce, approved and signed by the same judge handling the divorce case, but it was a separate cause #, etc. That judge has since retired and the cases he had are assigned to this new judge. Please, can anyone help me?
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