Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 10-26-2005, 06:27 AM
gatorguy3 gatorguy3 is offline
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Immediate assistance needed!!!

Can someone tell me please???

I have to leave in 30 mins for court. I need to know if I can force the DOR out of this cause as they have shown sporatic interest in the cause. There have been a couple hearings in the past year and the DOR has been contacted by my ex's private attorney in writing as to their involvement in this cause but they never replied. The DOR was not represented at the last hearing, nor the one before that which both involved child support (which is supposed to be the DOR's cause, not the private attorney's).

Is there case law or otherwise that I can present as to the disqualification of the DOR's involvement? I mean, doesn't equal protection under the law mean they are held to the same standards as me? If I do not respond to hearings or notices I am said to accept them by non response.

Someone please help.
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Old 10-26-2005, 06:53 AM
gatorguy3 gatorguy3 is offline
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well, out the door I go...

keep me in your thoughts. if all goes well, I will post more later.
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  #3  
Old 10-26-2005, 08:30 AM
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Sorry I didn't see this sooner .. prayers and blessings of the Goddess.

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Old 10-26-2005, 05:55 PM
gatorguy3 gatorguy3 is offline
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Okay, so I got to court.

On the driver's license reinstatement:

The General Master spent the first 10 minutes of our time on explaining to the Dept of Revenue attorney about what had transpired during the hearing he missed.

The GM ruled in favor of me, stating that the Dept of Revenue gave me notice, but did not abide by my right to a hearing, though they had been served with notices on the situation. The attorney tried to worm out saying he never received notices on the hearings. However, the GM immediately responded that service was verified to the attorney's address on all motions. So, the GM told the DOR attorney the Deptartment sidestepped the correct process and that they must reinstate my license.

The attorney tried being sly. He said "okay, the respondent can pay $500 to have his license reinstated".

the GM replied..."no, the Department had no right to suspend the respondent's license without a hearing showing cause."

So, I left the courtroom with documentation in hand to have my license reinstated.

A side note. Since I am so far behind in support the DOR attorney said that my license would just be suspended again within days. I paused for a second, taking a breath...and then said the following. "Look, sir..I am not trying to cause trouble, but if you suspend my license again, that will hinder me from getting better employment...YOU have the power to not suspend the license again."

He agreed and said they would not do it again, pending responsible payment of the support.

Now, I have to file for a hearing to Vacate or set aside the support and garnishment orders.
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Old 10-26-2005, 07:12 PM
iamfreeru2 iamfreeru2 is offline
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Quote:
Originally Posted by gatorguy3
Okay, so I got to court.

On the driver's license reinstatement:

The General Master spent the first 10 minutes of our time on explaining to the Dept of Revenue attorney about what had transpired during the hearing he missed.

The GM ruled in favor of me, stating that the Dept of Revenue gave me notice, but did not abide by my right to a hearing, though they had been served with notices on the situation. The attorney tried to worm out saying he never received notices on the hearings. However, the GM immediately responded that service was verified to the attorney's address on all motions. So, the GM told the DOR attorney the Deptartment sidestepped the correct process and that they must reinstate my license.

The attorney tried being sly. He said "okay, the respondent can pay $500 to have his license reinstated".

the GM replied..."no, the Department had no right to suspend the respondent's license without a hearing showing cause."

So, I left the courtroom with documentation in hand to have my license reinstated.

A side note. Since I am so far behind in support the DOR attorney said that my license would just be suspended again within days. I paused for a second, taking a breath...and then said the following. "Look, sir..I am not trying to cause trouble, but if you suspend my license again, that will hinder me from getting better employment...YOU have the power to not suspend the license again."

He agreed and said they would not do it again, pending responsible payment of the support.

Now, I have to file for a hearing to Vacate or set aside the support and garnishment orders.

Good job GG, now get the rest of it taken care of. I am sorry I am of no help to you, but you have my support and prayers.
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  #6  
Old 10-26-2005, 07:16 PM
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Good Job@Q

Just wanted to say good job! Keep up the effort!

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Best-selling author, Century 21 world brand developer, Four Season hotel developer, and mega-success story
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