Citation to Discover Assets

[lilkdub]

Hello all,
A brief history about my situation. I was sued last year for a balance on a credit card and apparently had a judgment entered against me. I never received a summons prior to the trial. One day at work I received the judgment that stated that a percentage of my wages was going to be garnished. Fine. A few months later, 03/2006, I decided to quit my job. I have not been employed since that time and have no assets, bank accounts etc. I live with my girlfriend and our son and work for cash when needed. Well, this afternoon my mother arrived at her house to discover that a Citation to Discover Assets had been stuffed into her mail box. I do not live at her house nor do I have any records sent there. The citation stated that I am commanded to appear in court on 10/02/2007 with proof of all my assets or I may be held in contempt of court. Any advice on how I should proceed would be greatly appreciated. I have no assets and am not employed. When and if I get a job I will abide by the judgment. I cannot be compelled to get a job.

[mrg]

Originally Posted by lilkdub

Hello all,
A brief history about my situation.

I was sued last year for a balance on a credit card and apparently had a judgment entered against me.

I never received a summons prior to the trial.

One day at work I received the judgment that stated that a percentage of my wages was going to be garnished.

Fine.

A few months later, 03/2006, I decided to quit my job.

I have not been employed since that time and have no assets, bank accounts etc.

I live with my girlfriend and our son and work for cash when needed.

Well, this afternoon my mother arrived at her house to discover that a Citation to Discover Assets had been stuffed into her mail box.

I do not live at her house nor do I have any records sent there.

The citation stated that I am commanded to appear in court on 10/02/2007 with proof of all my assets or I may be held in contempt of court.

Any advice on how I should proceed would be greatly appreciated.

I have no assets and am not employed.

When and if I get a job I will abide by the judgment.

I cannot be compelled to get a job.

It is unlawful to place an unstamped document not delivered by private corporate agents of the Post Office into a mailbox.

The "Citation" should have been lawful service with a proper summons, complaint and affidavit, as a discovery of assets is a separate action following a judgement.

That "citation" should have been refused for cause within 72 hours to the clerk of court with an affidavit of truth stating pertinent facts, and cc'd to the state attorney general.

The activity leading to the original garnishment was also, under law, a separate procedure from the original judgement and must follow the form of being lawfully served with summons, complaint, affidavit, resulting in a separate hearing and proceedings.

This is how it is in Illinois, I do not know your state, but most state laws, by now, are more often then not pretty uniform.

It seems as if you were denied due process from the beginning.

[Sharing Lights]

Originally Posted by mrg

It is unlawful to place an unstamped document not delivered by private corporate agents of the Post Office into a mailbox.

The "Citation" should have been lawful service with a proper summons, complaint and affidavit, as a discovery of assets is a separate action following a judgement.

That "citation" should have been refused for cause within 72 hours to the clerk of court with an affidavit of truth stating pertinent facts, and cc'd to the state attorney general.

The activity leading to the original garnishment was also, under law, a separate procedure from the original judgement and must follow the form of being lawfully served with summons, complaint, affidavit, resulting in a separate hearing and proceedings.

This is how it is in Illinois, I do not know your state, but most state laws, by now, are more often then not pretty uniform.

It seems as if you were denied due process from the beginning.

Crucial information but could you, please elaborate
and use FRCP or your State as an example so that
all can see the actual procedure as it should have
been done?

[weishaupt1776]

Definitley an inpersonam jurisdiction issue

read the rules of civil procedure in your state regarding what constitutes a valid summons

[mrg]

Originally Posted by Sharing Lights

Crucial information but could you, please elaborate
and use FRCP or your State as an example so that
all can see the actual procedure as it should have
been done?

The process server comes to your door, you answer it, he serves you with a summons which includes a complaint and an affidavit.

Or not.

The judgment goes either for or against the claimant.

Then the same procedure follows for discovery of assets.

If garnishment, the same procedure applies to the employer from whom wages will be garnished.

Each is a separate action and a separate proceeding.

Here is a link to a docket sheet which shows the progression of the activity:
https://w3.courtlink.lexisnexis.com/...C0MB0BCIBAD0MD


And, yes, the initial post indicates very clearly that this is an in personam issue, from the outset.

In personam issues need to be addressed first.

Much good information concerning in personam jurisdiction can be found here.

Read and study the whole thread if you want to learn what is there.

It seemed pretty clear in my post what one might want to do when one finds non mail items that appear to be "legal documents" alleged to be "summons" stuffed into a mailbox, and the time period in which it must be done.

One needs to learn to write an Affidavit of Truth, first stating competency to make the statements, then setting forth the facts and only the absolute bare facts of the matter, and finally, sworn to the truth of such, and notarized, to accompany the return for cause of the item returned for cause, together with pertinent CC's.

The alleged summons should have been returned for cause with that written diagonally across the front in red marker, with the AoT on top, certified mail return receipt.

If you have issues such as these that you are aware of you need to check your county municipal court docket listings from time to time to see if anything is pending on you.

I am not big on return for cause, but the scenario described was definitely one that called for it.

You would have gotten a judgment against you by the judge, but the shyster would not have been able to proceed with the discovery without outright fraud.

More than likely the attorney was purporting to represent someone he actually was not, and he would be gambling that you were not smart enough to figure that out.

If you were smart enough to return for cause a bogus summons, complaint, and affidavit package, unlawfully stuffed into the occupation junta's mailbox, according to their own postal regs, and write an air tight AoT, the attorney is going to have second thoughts as to whether you know the rest of the game.

You want to stop this business before it gets in front of the shyster in the priest suit.

You have to be on top of things if you want to do that.

[lilkdub]

Thanks everybody. I appreciate you responses. I am located in Cook County Illinois. I will read the materials and threads that you have posted for me. Hopefully I can learn what to do for this issue and better protect myself in the future.