I decided not to file--here is the latest...

[rta]

We'll be rooting for you, Selador. You're right, those lawyers are sloppy!

[HHM]

I ignored the intial stuff. I wanted them to get the judgement.

We are now at the debtor's exam stage, and I have not ignored this. This is what I am going to be in court on thursday for.

The court may very well not care.

But I intend to point out how they have all along tried to get me to do their work for them, and now they have lied to the court to get the court to force me to do their work for them...

IOW: They have stated in court documents that they unequivicably KNOW that I am married, and that I am employed. Not that they believe I might be. That they KNOW that I AM.

I have been divorce for more than 20 years, and have lived with no one since. And I haven't been employed for more than 15 years.

Both, flat out lies by the HD lawyers to the courts. With the intent to get the courts to force me to do the work that the HD lawyers themselves should have done ages ago. They never should have wasted the court's time with this.

Again, maybe the court will not care. But I do care, and just on principle alone I decided that the HD lawyers will not get one bit of the information they seek, before it is presented in court.

Umm, just FYI...as it is in most states, the debtor's exam is not actually held with a judge. It is frequently held at the court house out of convenience for the attorney and so if an asset worth taking is revealed, they can make a request to the court that day to get the garnishment order....but a debtor's exam is not a hearing in front of a judge. It is really more like a deposition. (unless of course, this is the contempt hearing if you failed to show to a prior debtors exam. or failed to respond the previously sent interrogatories).

And although you may disagree with the idea of a debtor's exam...it is part of the law and civil procedure, it is a Plaintiff's right to conduct these exams. Keep in mind, you are now a judgement defendant...there isn't much sympathy in the system for you at this point.

[Selador]

Ah.

Ok, that makes my little stand on principle pretty much moot, doesn't it ? LOL

Thank you, this is the sort of thing I was wondering.

Had I known this a month ago, I might have just filled out the papers and sent them back.

Oh well. It'll be a learning experience. And I'll still post back here with a nutshell of what happens in one of these meetings.

Thank you all.

[HHM]

Had I known this a month ago, I might have just filled out the papers and sent them back.

That statement gives me a moment of pause...if you received a serious of written questions a month ago and FAILED to respond...it is possible this court date is not a debtor's exam, but a contempt of court hearing.

How these debtor's exam typically work is.

1. Plaintiff gets a judgment against the defendant.
2. Plaintiff has outdated or little financial information about the debtor.
3. Plaintiff mails debtor a list of questions...Post Judgment Interrogatories....That is the Debtor's Exam. The Debtor's exam is a "right" of the plaintiff and the Interrogatories are actually a court order commanding the defendant to answer.
4. If the Defendant fails to respond within the allotted time (usually 10 or 14 days), the Plaintiff can move to hold the Defendant in Contempt of Court.
5. Once that happens...a Contempt hearing is set.
6. If the Defendant DOES NOT appear, then a Bench Warrant issued against the defendant.
7. If the Defendant appears...usually an oral debtor's exam will take place of the plaintiff and defendant will work out some sort of payment arrangement.

So, if this is a contempt hearing, just fill out the questionnaire and bring it with you. If it is actually just the debtor's exam, still, fill out the questionnaire and bring it with you.

[Selador]

This is a debtor's exam, not a contempt of court hearing.

The papers I recieved, were entered may 4th, and filed the 7th of may. I recieved them about a week later.

I am ordered to appear before the supplemental proceeding judge.

It says judge. It doesn't say I'll be talking to some lawyers. But further down the page it says that I will be placed under oath and questioned by the judgement creditor's attorney. So it does sound like just a deposition by HD's lawyer.

For a laugh... it says I can have my own attorney present if I'd like. If I could afford an attorney, I could have afforded to just pay their frakken bill.


It says I am to appear, and I am to bring the papers, and any information that is listed.

They are looking to the court at that time to give them a 'judicial subpoena' to the office of employment security to get my employment records.

And lastly, they say the judgement creditor's attorneys are debt collectors, and this is an attempt to collect a debt. Any information collected will be used for that purpose.

If I fail to appear THEN a warrant for my arrest may be issued.

[HHM]

Okay, sounds like a standard debtor's exam...so my initial post is what will likely happen. You will show up, the clerk will put you under oath, and the plaintiff attorney will question you much like a deposition. I doubt you will even see the judge, but states do these in various ways...but I am fairly confident that you are NOT walking into a hearing where you will be permitted to say anything to the judge.

In any event, bust of luck, let us know what happens.

[Selador]

I have to say that I am glad I came back and posted again.

I will be going in there with all the documents they require, and will be completely open.

But because I was able to discuss these things here... I will not be going in with an adversarial bent. I will be much more relaxed.

Thank you all.

3 days and counting.

[AngelinaCat]

Just remember to answer "yes" or "no" as appropriate. And if you "don't know", say so. Do NOT volunteer any information. Even if you feel like you need to 'explain' something. Bite your tongue until the feeling goes away. Lawyers are sneaky in ferreting out information from someone who isn't on guard.

Good luck to you!

[DesdemonaB]

Selador

Bring proof that the funds being deposited in your bank account are exempted from garnishment; when a plaintiff petitions the court for a writ of garnishment the bank has to freeze the account and it up to YOU to resolve it. Make sure the court is aware that your income is exempt, and never assume the bank knows the funds are exempt.

Good Luck with Everything

[Floridagail]

What happen at the hearing?

[Selador]

Sorry, I forgot to come back and finish this.



I gathered up all the info/paperwork that the court summons demanded that I bring... And went to court.


What happened was very simple.

I sat in the bench until my name was called.

I then had to stand before the judge and swear to tell the truth.

I was then immediately sent out into the hallway to talk to a lawyer.


???


This lawyer, didn't even glance at the papers that I brought.

The only thing she wanted was for me to sign a form that added her fee to the overall bill. And then a form that allows them to contact the employment security office, and demand certain information.

That's it. Period. Nothing more.

~~~~~~~


A few points here...

So, I am sworn to tell the truth, (and does that actually extend out into the hallway, not in front of the judge ? And what is the point anyway ???). But the "lawyer" is not sworn to tell the truth.

Kind of unbalanced there. Unless you figure in the factor that the lawyer is going to lie, anyway, no matter what, and I would tell the truth anyway, no matter what. Then the 'swearing in', is pretty much moot.

I had to sign two copies of the two forms. One for her to keep, and one that I was supposed to keep.

The only time this lady paid any attention at all to the papers that I bought, was when she took my papers, (never actually looking at them.), and while keeping me talking and looking at her, she shuffled things around and then handed me all my papers.

She left out the papers that I had just signed.




She shuffled them all around, and made it LOOK like she was adding the two forms that I signed, but she didn't actually add them.

So in the end, I just have her word for whatever it was, that I signed.





She obviously had to "file" them. So I called the courthouse and asked about getting copies of them.

They do not send those out in the mail. You have to go in and pay a fee, and pick them up in person.

When I can afford a trip all the way back in there, and the fee, then I'll go get copies of them.

Still pizzes me off that she played this sleight of hand and has forced me to go back and pay a fee to find out exactly what it was, that I signed.




I wish you could actually TRUST a lawyer.




The one comment that she made about everything that I was supposed to bring data in, for... Was when I made a point of the fact that the only money going into my bank account is social security retirement.

She kind of repeated that.

Then shortly made a comment about "So, then, everything (I) have, is exempt". A statement. Not a question.

So, like I said earlier, they DID have all that data anyway.

It never was about that data.

That was just an excuse to:

*Get me into a courthouse.

*Try to get me scared. (She said that they could take everything, if they wanted. Even my couch. But they didn't want my couch.)(She has never seen my couch. LOL)(I didn't argue with her, because I simply didn't want to argue. But I already knew thay couldn't take everything I own. It was a pathetic attempt to scare me. I knew that, and just left it alone.)

*And then get me to sign zee papers.





The paper that went to the employment security offices... (If I am going to take her at her word, when she explained it.)

Requests my employment history.

But further to that, leaves an order that if I ever become employed in the future, they are to report that to the lawyers/court.




That is pretty much a summation of what happened, and of my understanding of why.

[HHM]

Sounds about right.

As to your question...yes, the oath extends into the hallway

The oath ends when the interview (for what it was) is over.

[Floridagail]

Glad that is over for you.

[keepsmiling]

LoL at "sign zee papers"
Sign zee papers, old man....
I cannot sign the papers...
Unt VY can you not sign zee papers??

because.... because..... because...
you have broken both my hands

You youngsters out there have no idea what we are talking about....

Anyhoo, what a pathetic waste of everyone's time. I'm sure the atty vuz annoyed. Probably the judge too.

Hope YOU come thru smelling like a rose.

[joshuagraham]

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