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Post by Jim on Oct 29, 2010 14:28:35 GMT -5
may as well go for it and go all the way considering what these criminals did to you, they owe you bigtime!
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Post by Harrison on Oct 29, 2010 15:26:35 GMT -5
Alright! Next step should be.......wait for it,,,,,,,,,,Yet another hearing, but this should be the one your looking for, the last one in this matter. Let's not count on the courts being just. I've heard of judges that ignore all law and common sense and make orders like " due to the time that has elapsed it is in the best interest of the child that the support order remain in place." On the plus side you have no relationship with this child and the reason why so much time has past is due process and proper procedure were not fallowed. So if they really want to shine a light on their bumbling with your civil rights, I'm sure we can put a little pepper in that pot. The way it should go is "Upon review of the evidence I find Big B not to be the father of baby X and dismiss any child support order pending or future in this case." Then you get a copy of the order and haul a truck load of ass in bee line straight for the DCS and friendly neighborhood case worker. Call a head, make sure she is in and has time to see ya. Because I'm sure your gonna wanna have a front row seat for this! On the front page of her copy of the order (so as not to interfere with the clerks stamp) write in a place for deliverer and recipient, time and date. Have her sign it and ask for a copy of that top page. While you have her full attention you may want to ask her what is the procedure for repayment of wrongfully garnished child support. I doubt you'll get a correct or honest answer, but you asked in good faith and don't forget her signature on a paper that shows you did in fact ask. I think the later is most likely, it looks like they've ran out of hoops the judge will have no choice to dismiss or start braking laws all over the place.
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Post by Harrison on Oct 31, 2010 10:46:55 GMT -5
I'm up and bushy tailed so I thought I would make this post of our phone conversation to keep Jim in the loop and get his thoughts. The GAL in B's case told him to file a motion to get his money back, a motion for trial and I think some other motion. First, remember the GAL is not obligated in any way to your interest and often times is a state employ or an attorney at the very least eating at the same trove, in other words, she may have ulterior motives. Such as getting you to file this motion, I can see a couple of tactical advantages for the GAL and state. And some sever disadvantage to you. 1) It's a new motion and a reason to postpone for more hearings. Keeping the case open longer putting money into the GAL's pocket. 2) This motion would alert the judge that you will be seek restitution which may alter his decision and more than likely not in your favor. 3) Even if this motion worked the best way possible you may be give up your right to full restitution. Remember wrongful garnishment law in WA states they're responsible for the funds taken, DAMAGES and attorneys fees. 4) It may complicate the judgement in an appeal. Say the judgement goes good and your removed as the father and relieved of any further support, but the judge denies restitution.? I can go on, but you get the idea. A HOLE lot of down side. Filing for a jury trail makes no sense to me what so ever, it also sounds like a ploy to keep this case open and a chance for this judge to pass the buck, All points of law have been satisfied and unless you or the opposition file new a motion IT IS TIME FOR A RULING. I may be wrong, but if I were in your place. I would get the ruling on parentage that should stop DCS from take any more of your money (unless he makes an unlawful ruling as I mentioned before). Then you have some room to maneuver and things won't be so tight. Although it may be costly to open a new case to get reimbursed you should also be asking for damages such as hardship, child endangerment, due process violations etc. I would think a good vampi..... I mean attorney would be able to easily push this to at least a couple hundred grand.
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Post by Harrison on Oct 31, 2010 14:51:14 GMT -5
We were talking about your reimbursement. They say it was not wrongful garnishment but you can show DUE DILIGANCE in setting this matter straight. They say that you were purposely filing improper paper work, you can show this also to be untrue. You can also show that your due process right were violated do to the fact, under contested paternity it is a matter of state law that genetic testing be ordered to establish paternity. So why wasn't this order given at the first hearing. Because you are married? That excuse falls flat also, you have the same rights of parentage, married or not. At least that's what state law has to say about it!!!! Here's my thought. THEY ARE SCARED!!!! 15 hearings and two years plus down the road and they couldn't brake you!!!! Now after all your rights they have trampled and laws they have broken. Why not lie and try to bullie you into the belief that your lucky just to see the minimum they owe you, because there was an order? YAH right, an order that in it's self is illegal due to 14th amendment due process rights and breaching of state law requiring genetic testing in a contested paternity.What I'm trying to say is an illegal order is in its self is void. There for the order doesn't count. Ipso Facto there was no order in place creating (say it with me!) WRONGFUL GARNISHMENT. You don't need to attack the hole family court proceedings, not that it could hurt but it all hinges on the legality of the original order.
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Post by Jim on Nov 1, 2010 10:27:46 GMT -5
Sounds to me that the GAL is trying to thwart a big time lawsuit and keep this BS in the same court which has caused all this BS in the first place. I'd go big and consider the 20 grand only a deposit of 1% of the total amount they owe you for all the pain and suffering you have been through. They are criminally liable, but it must be proven beyond a doubt and a huge lawsuit would definantly cause more attention than they want. It shouldn't be to difficult to prove what they have wrongfully done and they may just settle out of court.....
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Post by Harrison on Nov 1, 2010 11:55:20 GMT -5
You hit it on the head Jim. A few years back I seen a news report on WA state and how when DCS, CPS and a like will most often settle and the reason why? because in a settlement they can write in a gag agreement so you can't tell anyone about the ability to KICK THEIR ASS!! You would think a report like that would be front page stuff but it was only aired once and never heard of again. IMAGINE THAT wow today it's miserable even for western WA. cold and WET!!!!!!
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