Rock On!!
I spent the morning Yesterday in Court for what I hope will be the last time between myself and Ex..
date was set originally for 10 June somehow the ex had it moved to 29 June... during that time my ex had submitted a response to the show cause hearing.. on 28 June she sibmitted her response with an attached form saying she had also mailed this to myself on 27 June through the mail. (I still have not recieved that piece of mail?) in the hearing that took place on the 29th the judge seen what I was asking for...
So he asked her what the situation is/was? why she did not honor his Judgement? little did I know she gave in her response (I didn't have a copy of?) an excuse about having her Aortic Replaced? bla bla bla.. then went on saying I didn't pay this or that bla bla bla (all BS) But I wasn't prepaired because I didn't know what smoke she was blowing up the courts arse? so then she rattles off about how she has worked with this Bank to pay the note off etc. and she submitted something to them to see if they would accept a lesser payoff... So at that time the Judge set a hearing for two weeks to allow this transaction to take place.. (a stall Job, but at the same time a wake up call to me) I was being Blind Sided and the Judge was allowing me time to regain as well...
Date set for 13 July... both party's present (I still did not know anything about her submission of a response No Mail at my House?) and the Judge who was sitting in suggested that sinse the previous Judge was hearing this matter and knew all the facts he asked both party's if we would rather have that Judge finish this one out? I agreed for this as well as the Ex.. before this however the sitting Judge made the statement that he see's the defendant had sent a response? DOH... a response? I wasn't aware of this? (I kept my mouth shut) he told us to check with the clerk and see when the other judges court would be open again.. I bee lined into the clerks office with the ex following.. Mrs. Hog had already left the courtroom because she was on fire!! she was standing in the hall and tells me you make sure I set it for one week PERIOD! (my ex was leaving for a vacation to Florida on the 16th) So the 20th July was available I took it, ex spouts off that she probably wouldn't hear anything back from the bank at that time? I piped off with I spoke to this bank this morning and what you asked from them was DENIED Already! Oh well Ok the 20th is fine then (HA HA BIETCH!) So then I asked the clerk that I understand from this Judge during this last hearing the defendant had filed a response? sure enough there is was 5 pages of Bull****!!!
Mrs. Hog read it while I drove people off the road (had the windows rolled up so the Good Lord couldn't hear my confessions) and now I had to set a good comeback.. I had one week to dig through Boxes of paperwork and pull out reciepts to proove she was a Liar!
I spent most of this week working in the woodshop, I also spent 24 hrs on a whisky bendge which took another 24 hrs to recoop! (BTW JJ you don't have anymore Gentlemans Jack left)
I procrastinated at doing a damn thing about this BS response my ex handed to the courts, knowing damn well this wasn't the issues for the show cause hearing in the first place.. and that is exactly how I am going to address it to the courts...
So on the 19th July at the latest moment possible... and with the Major assistance of Mrs. Hog we dug through boxes and boxes of paperwork and cr@p some of this stuff I hadn't seen since I packed and moved it during the divorce some 6 yrs earlier... I found almost every reciept for my Oldests College tuitions ETC. (something my ex swore in her statement that I didn't pay a dime to assist with) I also found the insurance papers where I carried Insurance on my ex's house and car because if something happened I could have been hung out to dry before the divorce was signed. I found papers where I had purchased cars for my kids and paid the insurances on those. I found everything I needed to counter any false statements made by my ex in her response...
I was going to put together a really nice slide show to present to the court to counter all the false claims and show she was lying and trying to sidetrack from the issue... but instead I took out this Response paperwork copy she submitted and with an ink pen went word for word with each line writing in refrense to where I had proof and then demanding proof of the same... We also put together from credit card statements from 1999 to 2005 present on word doc. (14 Font size) of the one's in black was paid on time the one's in red were not paid and penalties and interest along with late fees added... There were more RED then black in a 12 month period in a few of these years past she had only made 4 minimum payments.
04:30 Am I am finally wrapped up and ready to kick some arse in the courtroom or go to jail myself!!
20 July 09:50am Mrs Hog and I are sitting in the courtroom along with 3 other (couples at one time) party's Judge and Bailif (barney fife)no sign of my ex?? (still on vacation?) Mrs Hog comments she hopes she doesn't make it and it's ruled my favor by default.. (I knew better)
Judge got up at 09:55 and left the courtroom I and Mrs. Hog were the only one's who were standing and remained standing until he passed to his chambers (was this a good move?) 09:58 the ex shows up...
10:00 Judge re-enters to take the bench.. I'm getting pumped, This B!tch is going down today!! I recheck my paperwork, then I recheck my paperwork again!
Judge calls the first party, WoooH wasn't our case just yet.. so I recheck my paperwork one more time!
"during this first party's deal.. it went down like this... the bumb she was married to in the past hadn't paid child support skipped out every chance he had, even with this Judges Order to pay Judgement on him, he hadn't worked in the last 10 months and hadn't paid anything to help his kids in the previous 2 yrs... (I leaned over and told the Mrs, he's going to jail today and probably a workfarm?) NOPE, his excuse was he just couldn't find any work (dressed like a bumb, wasn't shaved, looked stoned, additude like he really didn't care, dirty cloths on... the kids mother explained her situation and how he hasn't tried to help... then the judge took over (I again told the Mrs. this guy's heading to jail) NOPE the judge b!tch slapped him for ignoring his order and judgement, he then ordered him again, this time he would clean himself up, get a haircut, and report to jobcore and employment office every morning and once a week report to the clerks office with 10 places of employment, he was to have a signed,dated,and time stamped recording of each and every day he reported to these places.. (he then went off record "for the whole court to hear" and told him if he would clean himself up he may have a chance at employment) he then addressed the court as to why is it when the Judge gives an order that you people don't feel you have to follow this order?
I was beginning to feel better about my situation because the judge was on a Roll! so I rechecked my paperwork..
Next call: wasn't our case yet... this people, the guy had moved out of State (Colorado) and the reason he couldn't make the payment as ordered in judgement(3 yrs in the rears on child support) 1 yr previously was because he had to drain his savings to pay for airfare and hotel expenses to appear in court? (I would have demanded to see these reciepts for this expense)
So the Judge allowed him to give his plea as to what he can do to make this up.. he told the Judge that he's coming into a settlement on his mothers estate and it would be a couple more months and he could catch it all up by then... Judge Ruled that it be paid by the end of September and no later or he would be back in Illinois for a long time! He (Judge)then addressed the court again about people not listening to his words on these Judgements and how he isn't liking this a bit...
down to two party's left.. mine and another used to be couples... I'm pumped, so I check my paperwork again!
While doing so the Judge calls my number.. Large courtroom with them big long tables up front.. I proceed first (I want to be heard this time and I'm tossing out all the Marbles on the Table) I took the first seat closest to the Judges bench, the ex paused as she was passing by as though I would give up the seat? (under my breath I told her hit the road B!tch, you had the Aortic replacement and walking is good for that, so you haul ass down to the far end of the table this is my grounds, and I kinda glanced that stance at her!) before she made it to the end of the table to take a seat I had already cracked open my two folders full of 6 yrs Bullsh!t,(most of which was already on file) the Judge proceeded to appologize that the last hearing was postponed to this date on short notice and we had to appear to a different Judge, I spoke up right off the bat and exclaimed that those actions gave me time to prepair better for today Your Honor,
So then he asked where are we at today?
Before my ex could get a word out I started off, well your honor I had just found out on 13 July the defendant had filed a response to this show cause, I had not recieved this reponse prior to our hearing on 29 June and did not know anything about it until the previous Judge on the 13 July hearing mentioned it, so I asked the clerk for a copy of this, although the defendant states to the court she had mailed this to myself on 27 June.. I have yet to recieve it, never the less your honor I do have a copy of this now and would like to address these Irrelivent issue's she brings to light in this matter?
Proceed!
I didn't have the proper time to break this all down Your Honor, so I wrote directly on her response and with your permission I would like to present this copy of the billing of this debt from 1999 to present to the courts? agreed and I handed him a copy of the word doc. I did not share this with my ex, no need to because she already knew where the status of this was for the past 6 YEARS! as he reviewed the Black and RED print out showing dates and Monitary ammounts delenquency's etc. I proceeded to ask the courts I to proceed?
Agreed.
I said Item # 1 your Honor on the defendants response to the courts 29 June 2005, she claims this Judgement was from August 2004 to December 31, 2004... with all do respect Sir, this is false, the intitial Judgement came on our final divorce hearing Aug 11, 1999! and with that it reads.. Plaintif (which is she at that time) would indemnify and hold harmless of this debt? at which it has been 6 yrs your honor and my credit has been damnaged and held hostage this long, and is not cleaned up today as we are present in your court.
(I had a cheerleader in the courtroom, Mrs. Hog was back there Cheering me on!!)
line two, defendant has not willfully refused to comply, but could not comply due to the following??
I said Your Honor I presented to you the billing statements from 1999 to 2005 current, and in RED is the delinquency's noted throughout each month for all these years broken down, there are months and months of missed/ignored payments as the defendent notes in her response she had tried to keep current with the bank and work out payment arrangements etc. I do have the Statements with Dates as proof to back up what I showed to you Your Honor. (Mrs. Hog "He Shoots He Scores!!)
Item 3, defendant also claims that she could not comply because of lack of funds for the months she listed?
Your Honor the Defendant works for the State and has State medical coverage along with State sick leave and medical leave to assist during her time of medical problems, and I am sorry for her medical situation she had to go through. But she has been an employee for the State for well over 14 yrs and one would think that this matter would have to be fully covered? If not does she have proof of loss? She sat quitely and did not answer??
Item 5 she states my son had lost his job and she had to make his car payments for the couple months in between?
I will give her that, I agree she probably did? but she did not tell the courts that when my son got back to work he paid her back for those payments and then some?
Item 6 defendant states that her daughters place of employment closed and she was out of work and couldn't make her auto loan payments?
I will also give her that one as well your honor, but it was only two car payments and my daughter had another vehicle in which she sold and she complained to me that her mother had taken the $700.00 she recieved for that vehicle! She did not respond?
(Mrs. Hog isn't sitting still in the courtroom)
Item 7 Defentant claims that she had to pay for her daughters fall semester in college as well during this time she was ordered to pay this debt?
The defendant did not address the courts to the fact that my daughter recieved 5 scholorships upon Graduation from Highschool, nor did she address the courts "as I would like to present this billing statement to the courts that show's the tuition remaining is still unpaid and yes your Honor as the defendant pointed out that I had told my daughter as I had told my oldest daughter I would and did assist in her college, as the defendant states later through her response I had never committed monitarly to any of my oldests 3 yrs college I have reciepts proving I paid Half her tuitions and that I remain giving my daughter $100.00 a month to assist her with her rent or whatever? I also have given my son my second vehicle and pay the insurance on it until he can get back on his feet enough to get another vehicle for himself!
I would also like to address that my children are all grown now as adults, and that I will deal directly with them as such and do not have to report what I do to my ex wife (shot across the Bow, as he reads the Facts I presented to him)
Item 8, defendant states that all the above occured during the time the order was entered August 2004,
I would like to remind the courts that the original order was entered on August 1999 and that having that original order complied with a second one would not have been entered and we would not be addressing this issue in your courtroom today your honor!
Item 9, defendant states she also had additional monthly bills?
This Your Honor is what I origanly wanted to discuss in these show cause matters today? and if I may I would like to adress these issue's directly to the defendant?
You May,
I porceeded to re-ask the question, what additional monthly bills? I know about gas,electric,phone etc.. but what additional bills kept you from making these payments?
defendant, well Mortgage, car payment, I interupted her
Ok lets discuss the Mortgage, at this time the monthly Mortgage was $322.42 a month?
Yes!
and your annual salary falls in around 45K-50K a yr?
Yes!
Ok and during these months of the second judgement, August to December you recieved Foreclosure notice on this property?
Yes!
and it stated that you fell 5 months behind?
Yes!
and you also state in your response to the courts in this matter that you had to make a deposit and now pay rent on an apartment?
Yes!
How much is/was your deposit and rent for this apartment?
(She)How much was the deposit or the rent?
No how much of a deposit did you have to put down?
(she) Well I had to pay the deposit plus first and last months rent!
Ok So how much was this deposit and rent?
(she) you want to know how much the rent is or the deposit?
I am asking you "Yes" how much was your deposit?
(she) $720.00 nodding her head yes...
Ok now how much was/is your rent?
(she) $720,00 also...
I said so, you went from a $322.42 a month Home which housed my children to a $720.00 a month apartment and gave them both less than a month to move?
(she)Yes/No I gave them longer then that to move, the foreclosure didn't go through until this time, and I didn't have a buyer for the house until right at the last minute!
I said again, you paid a deposit and two months rent at $720.00 a month, but yet you were only 5 payments behind on the house and you could have cought this all up with what you paid in deposit and rent? and now my son has his own place, I have room at my home for both of them but that is not the issue here. My daughter lives with her boyfriend because you made such a wise move for yourself, and yet you still cannot make these payments and we're here before the judge today because of this?
Your Honor I rest my Case!!!!!!!!!
The Judge took over!
he ate her a new arsehole, and when he finished he asked her how she was going to pay this?
she exclaimed she had already set up payment arrangements for the next 3 months with this bank,
I raised my hand and interupted,
exclaiming your honor 3 months at $43.00 a month is not going to pay off this $2200.00 debt and this is leaving this issue open for us to re-appear before you in lets say 5 months because I contacted the bank this morning and they told me that this agreement and payment arrangement if defaults two consecutive months would not longer be honored, So I judging from her track record presented to you, I'll give this 5 months and we'll be back in to see you again!
with that she piped up and said this arrangement with the bank would only allow that much be paid, but she already talked to one of the representatives and can make an additional $150.00 a month payments on top of the other?
Judge, So you can make $200.00 a month on this?
(she) Yes!
Ok So I am going to set an order for $200.00 a month you will pay on this debt!
(she) Ok, Yes Your Honor
Judge looks at me, and explains Mr. Hog you asked for the courts to Garnish her wages
Yes Sir,
Well with setting this Judgement of $200.00 a month this is far more then these courts would be allowed to Garnish her wages at!
(Judge) Well Your Honor there is no Guarentee she will make these payments and this arrangement for the febal $43.00 a month runs this agreement into 2010 before this debt would be paid off, this would hold my credit hostage and bind myself to her for another 5 yrs, Your Honor with all due respect, I want this matter settled once and for all today!
Judge Ms. Ex, I am going to order you to pay $200.00 a month and you establish this to be withdrawn from your payroll to the bank debt. and I do not want to hear of you NOT making this payment Monthly, Nor you Lowering this payment for any reason Unless you discuss this matter with me first! AND I MEAN if you miss a Payment, Stop Payments, or do not meet the Payments I am Ordering in my courts today, YOU WILL ANSWER TO ME, Not Him Not anyone Else but ME!! DO YOU UNDERSTAND MY LANGUAGE I AM SAYING HERE?
(she) Yes Your Honor I will not make/miss a payment...
Mr. Hog is this acceptable to you here today?
Yes Sir your Honor I can accept this, Now what about if she files bankruptsy on this matter?
(she) I have no intentions of filing bankruptsy!
Judge, Well Mr. Hog I wish you wouldn't have brought that up, because this is something she could do and there isn't a thing I or this court nor yourself could do about this because that is clear out of the States control and that issue would have to be addressed in Federal Courts and a whole nother matter all together.
Well Your Honor I understand that and that is why I did want to address that issue, with this Judgement I understand I can use these past proceedings to get this matter settled and would be entitled to appear for the hearings and address that issue If it may arise?
(she) I have no intentions of filing bankruptsy, and will not on this issue...
Judge, well Mr. Hog that is something you alone will have to deal with, I could not assist in anyway...
Good Enough Your Honor and Thank You for this Judgement today!
He addressed Ms. Ex one more time, telling her he did not want to hear of her disobeying his Order today in these courts...
He then addressed the court as to why people do not listen to his Orders on Judgements that he passes down?
I packed up my **** and got to moving along...
(Mrs. Hog had to fill me in on the remainder of what took place!) she also let me know she thinks the guy sitting behind her musta thought she was Nuts because she was verbally cheering shaking her head yes or no on issue's she could hear..and verbally explaining what I needed to say/do next and when I did she would cheer "Yes" nail the b!tch! "Yes" Now bring up this or that!!
Mrs. Hog When/If you read this I just want to publicly say I've never met a finer companion to share my life with!!!
A Major Burden has been lifted off my shoulders and I hope and pray to God the outcome is the last we have to deal with it!
Hog
