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GaryLee

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  1. In 7/2014 I was issued traffic citation in CA 22356( Exceeding 70MPH. Plead not guilty, the court post poned fine payement until after trial. Prosecutor never responded to discovery requests the CHP discovery was incomplete and prosecutor never responded or prosecuted. I filed an a appeal to cesase proceedings, 3/29/15, approx 3 weeks before trial scheduled for 4/21/15. I motioned dismissal for lack of discovery and being denied due process. The court held the trial anyway, in absentia, with only the CHP officer present, as a witness, and the judge. Prosecutor was not present at trial and never responded. I was found guilty. The appeal was processed with the appellant department confirming the trial court's ruling, 9/4/15. To date the trial court has not demanded payment of fine nor processed the traffic violation to appear on my record. Is there a statute or rule of limitations for the trial court to respond back after appeal dpartment confirmed ruling? Must the trial court contact me notifying me of the appeal department ruling and demand payment of fine? Must the trial court notify me if they issue a warrant for arrest? Thanks
  2. An Equitable lien was ordered by the Cout of Appeals to lower Superior Court to apply specific formulas to determine the amount of the Equitable lien. A trial was held and the Superior court ruled that a specific $ amount is to be paid to me for community funds that specifically paid for separate property during the marriage. How do I collect the $ not that the court has ruled?
  3. The Equitable lien was ordered by the Cout of Appeals to lower Superior Court to apply specific formulas to determine the amount of the Equitable lien. A trial was held and the Superior court ruled that a specific $ amount is to be paid to me for community funds that specifically paid for separate property during the marriage. How do I collect the $ not that the court has ruled?
  4. An equitable lien for a specific amount has been ruled on by the court. How does one go about collecting the payment?
  5. A trial is set for 2/2015 for financial ruling in divorce resulting from Court of Appeals remand and mandate back to the lower, Superior Court regarding applying 2 specifically designated formulas to determine community equitable lien. I, respondnet/appellant, am providing the court with tons of 3rd party financial documentation ie, cancelled checks, previous bank statements, financial ledger entries etc. Rather than copy 10 years of ledger, statement records etc.; I'm providing copies of selected targeted entries as evidence, but will bring the entire records to court for viewing only on an as needed basis. What would having the entire 11 years of journals, bank statements etc. available to the court, for viewing puroposes only, on an as needed basis, be termed since the record in total would be too voluminous and costly to photo copy and entered as evidence.? Is the amount of equitable lien on separate property divided in half, being shared, or does it go 100%, in total, back to community (That would be me respondent/appelant) ? The formulas specifically state funds toward principle on separate property. What arguemnts, case law, statutes, rules of court, etc., are there to argue for equitable lien or direct reimbursement for separate loan interest, fees etc. on separate property? The petitioner/apellee has not provided any 3rd party financial documentation for principle balance over 11 years. She is estimating, assuming approximating etc.. I, the respondent, on the other hand have a preponderance of 3rd party financial documentation as stated above. Will this documentation be to my advantage in court? Will the judge rule, without 3rd party documentation from the petitioner, that 100% of community mortgatge payments made towards sparate loans on separate property be counted as 100% toward principle? Thanks in advance for your reply
  6. Sorry for the ambiguity. I meant request credit card creditor debt information by one party on the other party's credit card #s, credit card issuer's name address etc. for the purpose of probably declaring no obligation for community debt because of divorce judgement or to file bankruptcy to avoid responsibility for community debt.
  7. The divorce decree states that petitioner & respondent are responsible for their own separate debt. Since ARS statutes clearly state that AZ is a community debt state; does the decree mean that the parties are only responsible for their separate debt on separate property? Does one party have the right to reqest the other party's credit card debt? Not joint credit card accounts, but credit card accounts in one party's name only that accumilated community debt during the marriage; amounts and named creditors to file for protection from, or be relieved from community debt obligation accrued during marriage?
  8. I'm the respondent looking to collect what the court says I'm due.
  9. This is for a judgement mandated by the Court of Appeals, remanding back and mandating to the Superior Court, Mohave County, that respondent is to receive reimbursement from petitioner, per designatied formulas, for community funds used to make mortgage payments to petitioner's separate property during marriage.
  10. Thanks for the prompt replies. In addition to ARS12 Chp9 etc; are there other ARS or Rules of Family Law or Court that detail enforcement of judgements to collect money? Which ones specilfy exemptions? Which ones deal with offshore funds, LLCs, Corps etc.?
  11. If there is a court ordered judgement already inacted by the court for a previous debt, Spouse B; when the court in future issues a judgement per Court of Appeals for Spouse B to pay Spouse A; which judgement takes priority for payment to Spouse A?
  12. During the divorce of Spouse A & B, Court of Appeals remanded back to Superior court; mandating that formulas be applied for spouse A who paid for spouse B's separate property during the marraige, to reimburse spouse a specific dollar amount, per formulas, for money paid toward separate property during the marriage. Should spouse B remarry to new spouse C; can the community income from spouse C be encumbered to pay the court ordered dollar amount to reimburse spouse A from previous marriage?
  13. The key issue is that I served more time then was sentenced in violation of Per ARS 13-712. Calculation of terms of imprisonment On, Friday, 2/21/14 defendant reported to L.H.C. PD jail at 6PM as sentenced by court on 2/13/14. L.H.C. PD jail incarcerated defendant at stated time for 15.5 hours. On 2/22/14 defendant was transported by L.H.C PD to Mohave County Sub Station, L.H.C. arriving at the substation at 9:40AM. Defendant served 15.5 hours of incarceration by L.H.C, PD from 6PM, 2/21/14 - 9:40AM on 2/22/14. Defendant should have been released on Monday, 3/10/14 6PM, but defendant was not released until Tuesday, 3/11/14 9:40AM As outlined above. This was addressed while I was in custody through the jail kite system, bu t it was ignored by the system and the judge. The motions after release were a continuation of what was ignored while incarcerated. All issues for Rule 32 are satisfied by the circumstances outlined above. Can this be appealed to the Superior Court?
  14. Please review the following summary of my several motions: How does one stop flagrant abuse by the court? Defendant was incarcerated from 2/21/14 - 3/11/14; with out work release because it was denied, due to lack of proper documentation. This was not the defendant’s fault; since the defendant complied with the court’s instruction packet for L.H.C. PD, but was then transported to Mohave County Jail, Kingman, which has completely different requirements for work release. Had the defendant been sentenced to Mohave County Jail directly; there would have been ample time for defendant to meet the documentation requirements for Mohave County Jail. The denial of work release had a devastating financial impact on the defendant. Not only was there an immediate 2 week loss of income; since the defendant is paid 100% commission on sales, but all the defendant’s current leads and pipeline of prospects were e-mailed to back to the company on 2/25/14, by a friend, to be distributed to other sales reps in the company to be enrolled. Also, since the work release was denied, defendant’s allotment of 10 leads per business day was cancelled, until 3/11/14, causing defendant to lose all momentum in building a pipeline of prospects. On, Friday, 2/21/14 defendant reported to L.H.C. PD jail at 6PM as sentenced by court on 2/13/14. L.H.C. PD jail incarcerated defendant at stated time for 15.5 hours. On 2/22/14 defendant was transported by L.H.C PD to Mohave County Sub Station, L.H.C. arriving at the substation at 9:40AM. Defendant served 15.5 hours of incarceration by L.H.C, PD from 6PM, 2/21/14 - 9:40AM on 2/22/14. Defendant should have been released on Monday, 3/10/14 6PM, but defendant was not released until Tuesday, 3/11/14 9:40AM. Since defendant had to travel back to L..H.C.; being released 3/11/149:40am caused defendant to lose a half a day’s work; where as being released on 3/10/14 6PM would have allowed defendant a full day’s work on 3/11/14. Defendant requests a monetary allotment for the 15.5 hours served to be put toward reducing the current fines. Per ARS 13-712. Calculation of terms of imprisonment A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise it commences when the defendant becomes actually in custody. B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter. C. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence. Upon reiterating the above, defendant now motions the court to adjust the contract as follows: Defendant agrees with Judge D***** that $10 per day for jail fine is fair and will avoid unnecessary financial hardship for the defendant. Defendant motions that adjustment for the time exceeding sentence be for 24 hours instead of 15.5 hours, mentioned above, since the late release of defendant mentioned above on Tuesday morning instead of Monday evening caused defendant to lose over a half day or work on Tuesday and had defendant been properly sentenced; would not have lost 2 weeks of income and business leads as outlined above. So; at $10 per day jail fine, 20 days of sentence, comes to $200. $200 - $10 for the 1 day adjustment brings the jail fine total to $190. The entire total for the contract should be $1,190 including all court fines and jail cost fines. Payments of $50 per month on the contract to begin June 1, 2014 per Judge D******’s ruling on 4/2/14. Defendant motions the court to adjust the current contract accordingly as outlined above. On Friday, 4/25/14, Judge P******, via phone conversation, told defendant that he no longer had jurisdiction over the case and that, going forward, all rulings should be from the Lake Havasu City, Consolidated Court. 2 motions were filed for jail fine cost adjustments for time served exceeding sentence. The first was filed with the court 4/28/14 requesting adjustment of jail fine per the court’s suggested daily fine rate. The second was filed 5/19/14 requesting adjustment of jail fine for the time exceeding sentence. Both were denied in direct violation of ARS 13-712 A, B and C. Per Rule 32.2 Any person who has been convicted of, or sentenced for, a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief. Grounds for relief Defendant now respectfully requests the court to grant a post - conviction relief proceeding to review the facts of the motions in granting relief for the time served exceeding the sentence. d. The person is being held in custody after the sentence imposed has expired; Defendant now corrects the miss quoted rule of court, 32.2d, in first request filed, 6/2/14, as follows: Per Rule 32.1 Any person who has been convicted of, or sentenced for, a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief. Grounds for relief are: d. The person is being held in custody after the sentence imposed has expired; Defendant has satisfied timely filing of post-conviction relief requirements per Rule32.4a with previous motions filed on; 6/2/14, 5/19/14, 4/28/14 and 3/17/14 with the court, in which the conviction occurred. All of which were denied in direct violation of ARS 13-712 A, B and C. Defendant now respectfully requests the court, in which the conviction occurred, to grant a post - conviction relief proceeding to review the facts of the motions in granting relief for the time served exceeding the sentence in compliance with 32.4a. As stated in 32.4a, Rule32 of-right proceeding, the court, in which the conviction occurred, shall provided notice forms for commencement of all post-conviction relief proceedings. 7/15/14 Prosecutor responds saying that defendant does not qualify for Rule32.1d because defendant not in custody at the time. The rule specifically states: “d. The person is being held in custody after the sentence imposed has expired;” I still was in custody when the sentence expired. Furthermore the release issued was addressed directly to judge P******, while in custody on 2/22/14 via the kite system. It was ignored by judge P*******. Rule32.4C(2) allows for time extensions under extraordinary circumstances. The motions filed beginning 3/17/14 were a continuation of the kite that was ignored, regarding release date, while defendant was in custody. Defendant has met all requirements for relief. Also the prosecutor’s response was not filed in required time to defendant’s last motion filed 6/30/14. What’s the next level or step to put an end to this flagrant abuse by the court?
  15. I've discovered, through the county recorder, the sale dollar amount of both sales transactions on the separate property along with the parties that were involved. I will look up corp records to determine the individuals/officers that bought the property. Do I use the only the sale $ amount from the 1st transactions or can I alsow use the sale $ amount from the 2nd sale transaction as well? If corp records reveal; that my wife is an individual or officer in the 3rd party entities that purchased the separate property can I use both sale $ amounts? What if extended family are associated with the 3rd party transactions? Other than the information from the couunty recorder already mentioned; what other informaiton regarding the sale transactions would be necessary? Thanks
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