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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Greetings! My name is Theodor (spelled without letter "e" after letter &qu

Resolved Question:

Greetings!
My name is Theodor (spelled without letter "e" after letter "r") .
I need to know if I : Theodor would be in jeopardy of being arrested as a result of an impending Bench Warrant for Theodore (tried and sentenced to pay a fine and costs, "in absence", and which is not me).
The Court's Process was addressed to Theodore, as Defendant, as -falsely and maliciously- accused by the Plaintiff ( Township Manager), which knows and previously used my correct name, but now issues demands (in and out of Court) addressed to the three different and invented names of: "Theodore"; "Toedore" and "The odor", for payments for fictitious and non existent accounts or obligations.
The Court did not interact with me (Theodor) at any time at all and did not Secure Jurisdiction over me (Theodor) and if the Plaintiff named me(Theodor) as Defendant I would have had Due Process Of Law.
As a Prudent and Cautious man I informed the Judge (in person) about this matter.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation but need for you to clarify a few things for me. Did you say that there is a judgment entered against you at this time? If so, how were you never served or placed on notice of it and given a chance to defend yourself? Moreover, while the first name is XXXXX XXXXX is the last name the same as well? What happened when you informed the Judge of the issue?
Customer: replied 1 year ago.

Sometimes names differ only by one letter (Ex: Osama v. Obama, or Vica -Plaintiff- v. Vicar -Pope in Rome) and it is very easy to mistake names, but people designated by such names are XXXXX XXXXX and disastrous outcome may come about when that is attempted.


The names Theodor (my name) v. Toedore v. Theodore v. The odor, are not the same and there is only one of me and only Theodor is my real and legal name, as always.(I have real documents from Plaitiff using all this variety of names on mailings demanding payments for false claims.)


I don't know who the others are, but they are not myself and have never been in my presence.


My family name is XXXXX XXXXX in my own family there are: Niculae (my father), Nicolae (mu brother) and Nicolas (my nephew), all three with the same -identical- family name, and because of the difference of just one letter in their names it is possible to know which one has a pension or a mortgage or a student loan or pay check, and so on, and this allow their three different lives to go on normally, ... (Three Different Names and Three Different People, ... even if Different by just One Letter).


This is true and is exactly what I told to the Judge when he implied that I Theodor was Theodore, which is not true, in so many ways.


At this point he turned around and walked away, as this conversation happened outside of the court room, minutes after judgment in absence.


My intention was to make a Special Appearance in Court, Only to Clarify this and to Move the Court for Estoppel, or Correction of Court Process, but due to a long drive of 3.,5 hours (from Flushing N.Y -where I attend to my sick old mother-to Wilkes-Barre Pa. -where the Court is-), I arrived -only minutes- after the trial for (unknown) Theodore (not me: Theodor) ended.


There need to be enough Competence, Sobriety and Genuine Sincerity on the part of Everyone , including the Plaintiff, which is an Official of the Township, which Knows Well my name, as he has all the official documents bearing my name, and spoke with me a few times and corresponded with me -using my correct name- and I even spelled my name for him a few times, and I have Real Proof of all this.


He must have Intended to sue Theodore and Not Me !


So what I say is that there is judgement entered against Theodore (someone unknown to me), and as such I, Myself, was Never in Any Trial, and have No Judgment and No Sentence Against Me, and No Need For Appeal, Nor For Arrest, but received mailing from Court that unless I Theodor pay for Theodore They Might put out a Bench Warrant ... of course for Theodore ...



At this point I had enough grief because of this Corrupt and Incompetent Plaintiff and am planning to take Legal Action Against Him, but the Question is if I could be Arrested for a Warrant on this Other Different Name, for Not Paying something that I Was Not Judged Or Sentenced For, and in case that I Would Be Forced to Pay Under Duress, ... would I loose the right to sue this person ???


As I mentioned before, I am spending all my time at My Brother's family Home in Flushing N,Y,, where I take care of my Elderly, Incapacitated and Gravely Sick Mother, and the Registered-Mail Process Of Court was NOT Received and Signed for by MYSELF, but Someone Else in the Home, who did not observe the Different Name and handed me the opened correspondence later and I read it later and only Observed and Understood that it Was Not My Name ... Even Later, when the Continuance Notices start coming in.


So if he wanted me he could have asked for me and would have gotten me, but he didn't.


P.S. I Sincerely XXXXX XXXXX taking so long to answer, but I had to Attend To My Mom, for a little while, and am going there again.


~Thanks!~ Theodor.

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information and I hope to clarify and explain everything to you, as best I can. First off, if there is a bench warrant issued, it would include your first and last name, along with a description of you. This way, the police have a very good idea that the person who they are taking into custody is the person on the warrant. While the first name may be misspelled or there is a letter missing, the last name and description would alert the police to if they have the right person. If there was a case filed and you are the wrong party to it, you would 1) want to have the judgment vacated and explain to the Judge that you are not the proper party and 2) that you were never served and placed on notice, giving you a chance to contest it. Along with the motion to vacate the judgment, you would want to ask the Judge to vacate the warrant as well, since it was issued in error and for someone other then yourself. It is important to understand that if there is a misspelling of your first name, that can always be amended and corrected and would not be a legal basis to have the case dismissed. What would be a legal basis is ineffective service of process and you not being placed on notice to the cause of action. Once the judgment is vacated, you could ask the Judge to allow you to file an answer and raise any defenses that you have, contesting the cause of action. Remember, if there is a mistake as the first names being so similar, you would need to establish and show to the Judge, that you are not the right person and likely submit to the court a sworn affidavit and copy of your identification, to evidence this.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

Thank you very much !@!
I like your answers and would need some clarification about how could I bring about the Vacating of the Judgment and Obtain Access to the Judge for the Explaining, or Motions, since when I checcked the information about the case at Court's online site I found out that The Case is Closed ... and also there is no description of the Defendant: Theodore (which is not me!), as it -probably- "exist" only in Plintiff's "world of make-believe", alongside of his make-believe Causes of Action.

There is no Warrant -as of today-, but grace period for payment (by alleged Theodore) ends tomorrow (04-25-2013).
Since I was Not a party, I was not in the position to Appeal to the Court of Common Pleas within the 30 days period and I was Not the one Sentenced to Pay, but I feel -right now- that Actions of Coercion for Payment (from Me -not a party to this Case-), by Duress, by Threats of Possible Arrest are In Progress Upon Me !
What the Plaintiff intended is not for me to guess, but should be -for a normal man- what he -actually-did, namely: he Did Not File -his Private Criminal Complaint- Against Me. He even Made Signed Verification, under Penalty of the Crimes Code, and I Can Prove that he Knows Fully Well the Difference Between Myself: Theodor and his Named Defendant: Theodore (also named by him as: Toedore and The odor, in other unfounded claims/demands for payments on nonexistent accounts and/or not provided -nor solicited- services).
I am Very Much Interested in Truth and Justice, and Would Love to be able to Confront and Defeat him in his Case and all other wrongdoings that he is perpetrating (not mentioned here).

How do I -Actually- Vacate Judgment and Prevent Warrant?

~ Thanks -again- !!@!! ~ Theodor. ~

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information and the follow up. This morning, call the clerk of courts. You likely will need to pay a fee to re-open the case, at which time you could file the motion to vacate the judgment. In the motion, you will want to lay out the facts and explain the situation, in regard to who you are and who the judgment was entered against and where the confusion was. You may also want to attach an affidavit, as I stated above and a copy of your license, to support the motion. You may also want to pull the court file and look in it, to see if there has been any proof of service filed and to see who it was against. If this is a civil matter, a warrant would not likely be issued and if it were to result but the judgment was vacated, action would not be taken. Once the case is re-opened and the motion is filed, you would need to send a copy to all parties, including the Judge and set the matter for hearing, to present your argument.
Customer: replied 1 year ago.

Thank you for your knowledgeable answer and the hope it brings, towards a -possible- solution to this nightmare.


 


I am an average man with very limited funds, knowledge in the legal field and time and because I understand (and see) how one "little thing" done at anytime -for a contemplated effect in particular-, might also cause additional (unintended) meanings and effects (elsewhere at other times), ... I am trying to be extremely Cautious and Prudent about what I Do (or Not Do), or Request and whose legitimate attribution is to do so and about the collateral implications.


 


Knowing that something can still be done is great news,and I think that what I Need to Accomplish by my Action is to Inform The Court -On Record- that: #1~ I am Not The Man that the Plaintiff -Deliberately- Named as Defendant; #2~ Offer to Produce Evidence in Sport of #1; and #3 Move The Court to Acknowledge the Truth and to Decide and Rule on how to "Correct The Wrong Before It" (I don't remember the Latin name at this moment), ... for Causes/Reasons Of (amongst which are):


~Estoppel
~Insufficiency of Process
~Insufficiency of Service of Process
~Lack of Jurisdiction over Person


 


Would this be acceptable for a Motion to Set Aside / Vacate and could any or all (or more) of this lead to Obtaining my


~Right To Be Heard??@??


Should I -rather- "bite the bullet", since I can not Risk to Leave my Dear Mother without my Care ... For Any Length Of Time ... for sorting out legitimacy of a -possible- Wrongful False Arrest ???@???


(The question of amount of jeopardy for -false- arrest is still unanswered)


 


Since more dialog would be necessary for having a clear understanding of all the facets of possible action (at this time), and in order to be reassured that you would be compensated for your continued efforts of assisting me (your time, knowledge, creative solutions, etc.), ... I wonder if it would not be better that I acquire the "unlimited" monthly membership and continue to further explore this matter, together with you (provided that I would have continued -uninterrupted- access to you). What do you think?



~ Thank You ! Theodor. ~

Expert:  LegalKnowledge replied 1 year ago.
Before proceeding through the court, you can try and contact the attorney for the plaintiff and explain the situation, providing them with proof that they judgment is against the wrong person. They may be willing to understand and help to amend the judgment and correct the mistake. If they will not, you need to proceed through the court, as stated above and it does sound as though you have a legal basis and are presenting legal arguments, which will support your position. You need to remember that if there is a warrant for your arrest, the police will take you into custody. It will not matter what you tell them or try to explain, since the warrant is for you and they will tell you to resolve it with the court. This is why it is best to act on this quickly. I think you are a good man for taking care of your mother and if you can not risk leaving her for any period of time, it may be best to retain an attorney to represent your legal interest, who can handle this entire thing for you. The PA Bar Association has an attorney referral service set up, which you can call to find an attorney in the county where the matter was handled. Here is their link. http://www.pabar.org/public/membership/lrsblurb.asp
Customer: replied 1 year ago.

I want to Thank You -Very Much- for all your kind, encouraging words, and Legally Knowledgeable Assistance !!!@!!!


 


I will rate your work with the maximum number possible of smiley faces and -if possible- I would like to know how to find you -on this site- for more assistance, in the -near- future.



~ Wishing You The Best ... Thank You !!!@!!! ~ Theodor. ~

Expert:  LegalKnowledge replied 1 year ago.
You are welcome. Another thing I want to mention is that if you were to reach out to the attorney for the plaintiff about the error, produce evidence and them are unwilling to work with you to vacate the judgment and correct the problem, resulting in you having to retain legal counsel, you could ask to be awarded attorney fees ( i.e. make them pay for your attorney). If you have not already, please remember to rate my help with 3, ,4 or 5 faces so I can get credit. If you need me in the future, you can just request me, which the site allows. Thank you and good luck.
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