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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
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Was in court this morning garnishment in the amount of

Customer Question

Was in court this morning for a garnishment in the amount of $9000.00 but has ballooned to $15,000. with fees cost etc. Have question on where I go from now.
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.
What did the judge sign?
What is the garnishment for - your wages, bank accounts, etc.?
What would you like to see happen?
What is your specific legal question?
Customer: replied 1 year ago.
Sorry having computer issues and the question this shows is no where close to what I am requesting.
I live in State of Ohio, I had a garnishment order against me which I was handling Pro Se.
It's regarding a disputed legal contract & fees with an attorney.
I was in Arizona on original hearing date of April 15, 2015, I filed a Motion for Continuance and was granted a continuance until April 29th, 2015.
I was present in Judge Rucker's courtroom on April 29th, he had been handling this from inception. After sitting for over an hour in his courtroom and not being called, I approached the Judges Assistant, Nathan who I now know by name. He looks up the case, and tells me it had been change to room "236" with a Magistrate no longer being heard by the judge. I bolt down there as fast as I can and the court had gone through their docket and was emptied.
I go immediately to the clerk of courts office on first floor of court house, explain what happened and she assures me not to not worry we can reschedule for next week May 5th, 2015 and the court would still hold the funds so I can present evidence of their exemption on that day.
I arrive at court the following week on May 5th, 2015. Wait to be called. Clerk informs me as I sat in Room 236 "Magistrate" the Plaintiff's counsel filed a motion for a continuance, it was basically just filed in clerk's office. He was aware the funds were Exempted by The State of Ohio, all I was doing on our scheduled hearing was presenting bank records, SSDI, and (STRS) State Teacher's Retirement System paperwork to the Judge.
In fact the court as well as the Plaintiff's counsel received a letter from my husband stating the funds were "his" STRS and my name was only on it for convenience, if he were to pass away. Regardless protected according to Ohio Law. He also learned of this via two telephone calls where bank provided his number, he did not answer I left two separate messages on his voice mail for which I have records. The Exempt status was also in the original paperwork of the case filed ten month's ago or more.
The courtroom assistant offers to print me a copy of the Garnishment Worksheet's Motion for a Continuance just that day.
stating he was "unavailable" He request a new hearing date of May 20th, 2015. I waited in the court room for over an hour.
I am informed the Plaintiff is not there. I go to clerk of courts again and she tells me the Plaintiff had requested "that same day May 5th, 2015" a continuance to May 20th, 2015. Reason: prior commitments and he asked and is granted a new date set of May 20, 2015.
We both are present on May 20th, in room 236. She questions as to why I did not appear on April and I explained I had gone to Judge Rucker's courtroom and filed for a new date immediately. She explains she signed an EA69 granting the judgment on April 29, 2015 and I guess that stays in the court for a certain amount of time. Had we both showed up on May the 5th, 2015 we could have dismissed that with my proof. She actually apologized and suggested I seek legal council. Is there any form I can complete when someone manipulates the court in order to have Exempted funds released knowing full well if he had showed up on May 5th, 2015 I would have been able to present my documents to the court.
Customer: replied 1 year ago.
I only want general advice about recovering funds with they are Exempt, the Plaintiff knows this and messes around with court dates, rooms etc. Is this not a violation of my civil rights?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Discussion by Email. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Maverick replied 1 year ago.
Sorry this has happened. This likely could not have happened without the judge's knowledge. They are probably working together behind the scenes to deprive you of your right to appeal the decision of 4/29. You have 30 days to file a notice of appeal. See the rules below:
http://www.supremecourt.ohio.gov/LegalResources/Rules/appellate/AppellateProcedure.pdf
RULE 4. Appeal as of Right--When Taken
(A) Time for appeal
(1) Appeal from order that is final upon its entry. Subject to the provisions of App.R. 4(A)(3), a party who wishes to appeal from an order that is final upon its entry shall file the notice of appeal required by App.R. 3 within 30 days of that entry.
Appeals are very tricky and many legitimate cases get thrown out on procedural technicalities. So you may want hire an appellate lawyer as soon as possible. In the meantime you need to go an file a NOTICE OF APPEAL - ASAP:
RULE 3. Appeal as of Right - How Taken
(A) Filing the notice of appeal. An appeal as of right shall be taken by filing a notice of appeal with the clerk of the trial court within the time allowed by Rule 4. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the court of appeals deems
appropriate, which may include dismissal of the appeal.
https://www.co.lucas.oh.us/index.aspx?NID=194
https://www.co.lucas.oh.us/index.aspx?NID=193
The notice of appeal form is not hard or complicated and can be done in just a few hours. Use the links above for some help. You will need to find the right appeals court for your county.
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Thank you for using Just Answer. Best wishes for 2015!