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Recent Show Cause questions

I am seeking to understand a Writ of Scire Facias that I

I am seeking to understand a Writ of Scire Facias that I received in the mail from a creditor whose debt was discharged in a bankruptcy almost 5 years ago. I am in the state of Georgia. Do you practice in GA or have resources here?JA: For starters, can you tell me where you are? State bankruptcy laws go hand-in-hand with federal ones.Customer: GeorgiaJA: Has anything been filed or reported?Customer: Our bankruptcy discharge was filed and reported almost 5 years ago. As for this debt, this is the first documentation I have received; the creditor seemed to have filed in another county than my county of residence, so I did not know this potential judgment existed until this week.JA: Anything else you want the lawyer to know before I connect you?Customer: No, that is it. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,502 satisfied customers
My girlfriend moved out 3 weeks ago and will not agree so

My girlfriend moved out 3 weeks ago and will not agree so sign a document of personal property division I have made 5 attempts to meet with her we met briefly to go over said paper I mentioned one thing on the list and she left without signing she said she would meet again on thur l but changed her plans and wasnt avail and would be on Friday (today) which I wasnt avail I notified her thur night letting her know I changed plans for the second time to sign the property agreement she just informed me she is busy doing something with the kids since I said Iwasnt avail and will not be avail til Monday ....what course do I take now to get this paper signed so she can remove her personal propertyJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Has anything been filed or reported?Customer: not that I know of not on my end NoJA: Anything else you want the lawyer to know before I connect you?Customer: I have taken her and her childrens clothing to where she was residing and also to a neutral party and notified her of such

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Nishan Parlakian

Principal Attorney

122 satisfied customers
Is an order to show cause hearing for a civil harassment

is an order to show cause hearing for a civil harassment case.Does this mean the petitioner has to show why they need an order? Or why the defendant shows cause to why he shouldn't be restrained? Or both? Can someone explain the process? In this case TRO was denied and an OSC hearing date was set. I have already been granted a DVTRO against the petitioner and I have a hearing date for a permanent order against the abuser

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Phillips Esq.

Attorney

Juris Doctor

17,882 satisfied customers
I have been attempting to resolve a legal issue that is

For LegaleaseI have been attempting to resolve a legal issue that is outlined in the Background attached hereto. Previously I discussed the issue with Law Educator and I am happy with the info he provided. However, I would like a second opinion regards ***** ***** of issues, and I have a couple of additional questions as follows (details of the case are provided in the Background and additional attachments):1) As noted in the background, I have been unable to perform personal service. I have filed the attached OSC twice and both times, the Court date came without success of personal service. Both times I requested to be able to perform substitute service and both times the Court ruled that this is criminal contempt and must be personally served. I am about to file this OSC again for the third time and I am considering requesting a ruling that this be treated as civil contempt, which is, as I understand, within the discretion of the Court. As a civil contempt, substitute service becomes possible under CCP 415. However, Law Educator states that a Default judgement would limit the judges ability to enforce and he suggests that I should hire a private investigator.(1) Do you agree that personal service is important to subsequent enforcement? Based on my limited experience, a good result for me would be a Court Order that money be paid. A court would not collect, so I would have to take collection action anyway. That would include recording an abstract of judgement against defendants assets and/or attachment of income. How does that change with respect to personal vs. substitute service?(2) Another apparent disadvantage to criminal contempt is defendant protections like burden of proof beyond a reasonable doubt, and double jeopardy. This case has already been before a judge 9 times since 2014, and several more times since 2004. On at least 2 occasions the case was dismissed due to technicalities. My guess is that the double jeopardy clause might have prevented re-filing as a result. The main issue for me in this case is the return of the money - not any punitive action. As a result, I see a significant advantage to me for this to be handled as civil contempt. Law Educator states that it is a reasonable request to make to the judge to treat this as civil vs. criminal contempt. Do you agree? Do you have anything to add?(3) What is the best way to advance the request for civil contempt? As I understand, the decision for civil vs. criminal is based on the relief sought by the petitioner. One non-notable source states "civil contempt sanctions aim to either: (1) restore the rights of the party who was wronged by the failure to satisfy the court's order; or (2) simply move an underlying proceeding along. Civil contempt sanctions typically end when the party in contempt complies with the court order, or when the underlying case is resolved", whereas criminal penalties are punitive. As such, I could simply re-write ATTACHMENT 8D-2016-4-2, REMEDY, on page 11, line 6-7 to state: "Clarke requests that the Court find Ashton guilty of contempt...". And, remove Item 2, punitive sanction. Is Item 1 regards ***** ***** for 10% interest ok or would that be considered punitive? Do you have any other suggestions on how to make the case for civil contempt for this new filing?

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

14,904 satisfied customers
I Have a judgment and garnishment I'm trying to vacate. I

I Have a judgment and garnishment I'm trying to vacate. I have an order to show cause with a court date of 7/29. I wont be in the country and am having a hard time trying to change the date.

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DrakeLAW

Juris Doctorate

520 satisfied customers
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.)

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Phillips Esq.

Attorney

Juris Doctor

17,882 satisfied customers
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.)

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,502 satisfied customers
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?

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Dwayne B.

Juris Doctor

35,284 satisfied customers
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?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,502 satisfied customers
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