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Recent Show Cause questions
Recently, I had a case judgment vacated in NYS Supreme
Recently, I had a case judgment vacated in NYS Supreme Court without legal representation. At first it was listed as PER MARKED INVENTORY on June 10, 2016 almost 30 days ago, but now it is listed as disposed on June 10, 2016, which seems not likely. What I would like to know is can I still make an Order to Show Cause to vacate the judgment, if so what is the legal basis? (Cite a case, if one exist.)
There appears to be a problem in a case records that I have
There appears to be a problem in a case records that I have in NYS Supreme Court whereby one (1) of the two (2) of the defendants' attorney have filed a Show Cause Order to vacate a previous judgment while the other defendant's attorney has received the Show Cause Order, but did not respond and both defendants' attorneys were granted a vacated judgment by the Court based upon the application that one of the defendant's attorney had made. (Note: Further, based upon Court records it appears that a previous judge saw this problem in the record and decided to recuse himself from the case before my judgment was vacated as stated above.)It is my belief that at best the attorney, who did nothing would have received a default judgment based upon the application of the Show Cause Order to vacate the previous judgment. During this process I was not represented by an attorney. What I would like to know based upon the aforementioned problem is it in my best interest to request that the judge who vacated my judgment under the described conditions recuse himself among other things, if so what would be best legal basis to make such a request? (Cite, case law for this matter, please.)
I submitted a wage garnishment. When I served the garnishee,
I submitted a wage garnishment. When I served the garnishee, they stated that the debtor no longer works there. I had a PI look into the matter and it turns out that he still works there. What do I need to file in the OK court to dispute the garnishee's answer?
I would like to have a case remove the vacated judgment and
I would like to have a case remove the vacated judgment and reinstate the matter in court, even though it has been administratively dismissed on June 10, 2016 some 14 years later in as per marked inventory in New York State WebCivil Supreme, so that I can may collect monies well over due to me.This case matter began in 2002 based upon a personal loan of money. I had an attorney who took the case to court and won a judgment in the matter. However, shortly thereafter before I could collect the attorney made sexual advances in writing, which I declined and he then became derelict in his legal duties regarding all case matters, so he agreed not to represent me. Shortly thereafter, the opposing attorney for the personal loan money unbeknownst to me filed a show cause order to vacate the judgment. Later I discovered according to court records that when the opposing attorney contacted my original attorney and my original attorney accepted the Show Cause documents to vacate the judgment, but he failed mention to the opposing attorney that he had relieved himself from representing me after the original judgment. In the opposing attorney's Affirmation, he stated, “…the same counsel as of the date plaintiff brought application to amend the subject complaint (which the Honorable Court granted, but which was seemingly never followed up on by the plaintiff's counsel).” In spite of this the matter proceeded unbeknownst to me as I thought the original judgment was settled; however, a different judge granted in Short Order Form the opposing attorney's motion to vacate the original judgment. I was never served or represented by counsel during this process.Presently, I would like to know, if filing a motion to vacate pursuant to CPLR § 5015(a)(3), for “innocent misrepresentation,” upon both my original attorney and the opposing attorney that vacated my original judgment in order to collect on the original judgement or if filing a motion to dismiss pursuant to CPLR § 3211(a)(1)(3) would be appropriate to the above case matter based upon the facts given?Also, which of these legal avenues could provide me with the best latitude to eventually collect monies owed?
I received a notice of garnishment from a NYC marshall in
I received a notice of garnishment from a NYC marshall in the mail yesterday for a credit card debt that is over 10 years old (I believe I had the credit card back in 2000). Judgment was recovered in March 2007. How can I fight this?
I have a case where the judge is not writing orders from
Hi,I have a case where the judge is not writing orders from hearings.At the March 4th hearing the judge compelled discovery and asked the Defense lawyer to write the orders. The Defense lawyer wrote orders that did not accurately reflect what occurred at the hearing. I objected. No orders were written. Defendants responded to just about everything I asked for as,,, "unlikely to lead to admissible evidence" or "Work product doctrine" without explanation.........No court orders were issued.At the April 25th hearings, second motion to Compel Discovery. I again was granted almost everything I asked for from the court. The judge to me to write the orders, and send them to defense council to review. After 5 days of no response from defense council, I sent the orders to the judge, 5 days later the defense council responded with objections to my recollection of the orders and produced their own orders for the judges signature. Their orders are absurd.The Court has not written any orders from this hearing.I have called the court a few times and all I get is that the judge is reviewing this.We agree that the Court wants Depositions completed by June 17th.The court ordered that Defendants provide me with the business records I asked for prior to Depositions.The Defendants said their clients could be deposed on June 8th.I am in a position of performing depositions with no business records from the Defendants.My charges against the Defendants are Fraud, grand theft, mail fraud, RICO.The county civil court judge is about to retire.The defendants are prominent in the local community.Should I object to defenses version of the Orders that were in response to my version of the orders?Can I make the judge write orders?Should I spend $300 to get transcripts of the court reporter.Can I get the Judge changed?Can I get this transferred to Federal Court?
I am a plaintiff in a civil law suit in Massachusetts against
I am a plaintiff in a civil law suit in Massachusetts against several defendants (individuals) who provided services to me. My complaint alleged fraud and conspiracy to defraud by billing for work not done and submitting forged reports. The discovery period of the litigation is over. I have clear evidence that during discovery the defendants conspired to obstruct justice and provided false answers to INTs and RFA. It may be easier to prove the conspiracy during discovery than the original conspiracy. Is there a right of private action? Do I have standing? May I introduce at trial the evidence of conspiracy during discovery? Would a motion to amend the original complain be the right step? Shall I amend the complain with new counts of conspiracy during discovery and obstruction of justice? Since I cannot claim additional damages from the new counts -- would I still be able to benefit from the new counts if the motion to amend is granted? I am taking a page from criminal cases (think ***** *****), but I am not sure how this may apply to a civil case. I would appreciate an answer with references to case law.
Fairfax county circuit court Civil Calendar control AView more legal questions
Fairfax county circuit courtCivilCalendar controlA dishonest lawyer keeps going to calendar control without noticing me or noticing me on days I can't attend. If I say, I can't attend . The dishonest lawyer goes anyway.How can I let the court know what is happening so that this can be stopped ? Is there a fax or email to calendar control so that I can send the emails showing that I have told the lawyer that I am not available?Thanks