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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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The plaintif won an unlawful detainer judgment against me in

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The plaintif won an unlawful detainer judgment against me in October, 2012. Now he is attenpting to collect. I went to the emamination hearing and the judge coached him from the bench about documents he could ask from me. I have been advised to file a complaint against the judge for judicial bias.Wan expecthat forms do I need? What evidence do I need to attach to my complaint? What is the worst case senario (retaliation) I can expect from the judge?



Already Tried:
I am just initiating this action. I must appear in court on April 5,2013. The plaintiff originally asked only for my social security information and place Of employment. I told im I am on social security and have not been employed for 10 years. The judge began to coach him by asking him, "are you asking her for... and she named items including the pink slip to my car. I have been order to appear with these items on 4/5/2013
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

You asked:

I have been advised to file a complaint against the judge for judicial bias.Wan expecthat forms do I need? What evidence do I need to attach to my complaint?

A: Complaints against a judge are filed with the Commission on Judicial Performance. This link provides detailed information concerning a complaint filing. I could tell you the same information, but it would be silly for me to "reinvent the wheel," when the information from the Commission is already so thoroughly presented.

What is the worst case senario (retaliation) I can expect from the judge.

A: A complaint to the Commission will not cause the judge to be removed from your case -- except in the rare case where the judge is discovered to be engaged in criminal activity -- which is not implicated by your facts.

In order to disqualify a judge from your case, you would have to file a verified statement, pursuant to Code Civ. Proc. 170.3(c). This is an entirely different legal process under which another judge would determine whether or not your judge has acted with impropriety in your case.

Unfortunately, there are no "forms" or examples of the verified statement that I can find online. And, since I cannot draft a pleading for you, my best advice is that you visit the county public law library, and ask the librarian to direct you to a civil practice guide that contains a sample pleading to disqualify a judge for cause, pursuant to CCP 170.3(c).

A relevant, though very simplistic, pleading can be found in Cal. Prac. Guide Civ. Pro. Before Trial Forms (Rutter Group 2012) Form 9A:28.

Let me know if I can clarify or assist you further.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33863
Experience: Retired (mostly)
socrateaser and 19 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the resources reference. I don't have time to initiate anything today since I have to appear at 9:00am tomorrow.


 


Relevant to my appearance tomorrow, can the judge order me to sign over my pink slip? My car is a 1999 Lexus SC300. The plaintiff told the judge"she drives a better car than I do" the car's value is not over 3500. Needs work and has over 150000 miles.


 


What are my right regarding this matter? Do I have to present my pink slip or will a copy be sufficient?

Expert:  socrateaser replied 1 year ago.
You are entitled to claim an exemption on the vehicle of $2,725. (Code Civ. Proc. 704.010).

In theory, the court can make a turnover order, which would mean ordering you turn the vehicle and title over to the sheriff. Then you would file a claim of exemption and another hearing would be set where you could show the court the value of the vehicle and recover it from the sheriff.

I don't know what the exact orders were, however, if you "heard" the judge say a "copy" of your pink slip, then that's what you would bring. You may want to check with the court clerk to see exactly what the Minute Orders from the hearing actually require. Or, you could just say that you thought you were supposed to bring a copy of the pink slip, because it would be up to the judgment creditor to have the sheriff seize the vehicle and sell it after you objected to the sale on grounds that you have an exemption, and the vehicle is not worth the amount of the exemption.

It may be of some use to bring a Kelly Blue Book or NADA Price Guide to the hearing. Then, you can offer what you believe to be the fair market value of the vehicle into evidence and use the book to prove your claim of exemption. If the court doesn't believe the vehicle is worth the amount of the exemption, then it can't make a turnover order.

Hope this helps.
Customer: replied 1 year ago.

Thank you. What if the vehicle is more than the 2725? I just went to court today and the plaintiff suggested to the judge that i pay him $1000.00 @ month and sign over the pink slip to my vehicle. He adamant on trying to squeeze blood from a turnip. The line of questioning was how am I able to pay my rent if my monthly income is less than my rent. I told them my I borrowed the money. Then the judge said since I have "friends" who are willing to give me money at will,then how much can I pay the plaintiff. I told her that was a 1 time thing. It gets worse. What line of questioning is within the guideline of the examination? I have told them the truth and they don't believe me simply because I have been fortunate to save money to supplement my rent and they cant see it in my bank statements.

Expert:  socrateaser replied 1 year ago.
What line of questioning is within the guideline of the examination?

A: A creditor in a judgment debtor exam may ask the debtor any question reasonably calculated to lead to the discovery of the debtor's assets and/or their value. The only exception is that you can refuse to answer any questions related to your tax returns, and you can refuse to produce those returns -- both on grounds that the returns are privileged under California law. However, if you bring your tax returns or answer a question about the returns, bring them to an examination hearing, or otherwise disclose them to the creditor, rather than stating that you are exercising your right to privilege, then the privilege is waived.


I have told them the truth and they don't believe me simply because I have been fortunate to save money to supplement my rent and they cant see it in my bank statements.

A: I understand. The solution to this entire affair is for you to file for Chapter 7 bankruptcy. That will stop the creditor dead in his tracks, and it will give you the right to increase your exemption over the vehicle to $3,525 (actually up to $3,525 + $22,075, unless you own a home with a large amount of equity value).

The only exception to this would be if the judge is for fraud or for a willful and malicious injury. If you want to do-it-yourself, then see this publication. If after reviewing the guide, you think that you may have issues that require an attorney's assistance, then see this link for a referral.

Note: Most people have a knee-jerk reaction against filing bankruptcy. I understand this reluctance. However, just so you know, the following people filed personal bankruptcy and lived to become more successful as a consequence: Walt Disney, Abraham Lincoln, Milton Hersey (chocolates), Samuel Clemens (Mark Twain), Phineas Barnum (Barnum & Bailey's Circus), H.J. Heinz (Ketchup), Henry Ford (yep -- Ford Motor Corp), XXXXX XXXXX (talk show host -- filed bankruptcy twice).

So, think about it, because you may be wasting a lot of sleepless nights over this nonsense.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33863
Experience: Retired (mostly)
socrateaser and 19 other Legal Specialists are ready to help you

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