First Court Win

[mrg]

I hope this is understandable.

I had a default judgment in favor of a CC debt collector via his lawyer, in February 2004. I never got a dunning letter, never heard anything until an alias summons, with an affidavit and xerox of part of an alleged CC agreement showed up in my mailbox.

It was in my locked mailbox, and it was not mail. Violation of federal statutes. I asked the Postmaster to investigate. I Filed a complaint with the federal prosecutor. I complained to Clerk of Court. I got acknowledgment back from all but the Postal people. No action. But there is documentation and acknowledgment of a criminal complaint.

My wages were garnished. I began studying. I sent the affidavit included in the second post, registered mail, return receipt, to the judges, clerk, and attorneys concerning violations of my rights. No replies.

I kept studying.

I went and looked at my case file in July, 2005 just to study what it was all about, and discovered the hired process server had filed a perjured affidavit of service into the court.

(There were other interesting irregularities that are too complicated to go into here.)

I filed a motion in July 2005 to quash service, vacate default judgment, and recover property. I went to court in August 2005, and the lawyer introduced the affidavit I sent to him, and the judges involved, as evidence that I had submitted to jurisdiction despite the fraudulent service of process.

I had a witness (and her sworn and attested affidavit in my pleading) in court with ample and verifiable proof that there was no way the process server could have done what he had sworn to in the affidavit he filed.

(She also witnessed and has sworn an affidavit to all she witnessed in court that day.)

The judge that was supposed to be there, and whose courtroom we were in, had (this is the one that ordered the default judgment), I think, recused himself (he is now totally gone!). The lawyer, and the judge who did show up, talked in court as if they were old friends and the judge told me he would not allow my motion because it was untimely (the law it was based on states clearly I can bring the motion any time), that I needed to have a licensed, competent attorney represent me, that I had muddied the waters with the affidavit stating violations of due process etc…

He then carried on a conversation with the lawyer about how was the garnishment going, how much had they gotten so far…

The judge mocked me, and at the beginning of the hearing he mocked the law I based my claim on. The law I used is good and he even admitted it right from the beginning, as part of his mocking of it. It was pretty blatant. He said he was going to decide whatever he felt like deciding and I could go ahead and appeal it if I did not like it.

I went online recently at the Cook County Clerk of Court web-site (to see if any other cases had secretly been filed against me) and was able to review all the actions in my case and discovered that a different judge other than the one I had appeared before on August 8, 2005 on the quash process service motion had allowed the quash of process motion, and had vacated any and all default judgments all the way back to the beginning (February 16, 2005).

I went downtown to the courthouse today, December 28, 2005, to look at the case file and try to figure out what all happened (the whys, whences, and wherefores), and to make sure that the affidavit that the judge and lawyer used to deny the motion was in the files.

When I asked (today) to see my case file, the file clerks said it had never been returned to the file shelves.

I said that it was odd since it would seem that from August 8, until December 28, was a long time for a contract case file not to be returned to the file stacks.

That is six months!!

The file clerks agreed it was strange, and after I told them some of the details, and said I really needed to see it, the head honcho has taken it on himself to get to the bottom of it.

(Through the course of this ordeal, I have made contacts with some good people who work in the downtown courthouse here, by being genuinely nice with them.)

The file clerks gave me a certified microfiche printout of the Court Order to quash and vacate any and all default judgments, which the judge had signed, and dated August 8, 2005.

So, it appears that I actually won my very first argument in court with a fat cat downtown Chicago lawyer and his “good ole boy” buddy judge, and apparently sent the original judge in the case packing.

My first time pro se in court against a judge and a lawyer, I was scared s#!^^less the whole time. I do not think it showed though.

The judge told me in court, on August 8, 2005, I had lost, and I only accidentally found out now that I actually won.

That really pisses me off!!

If I was not learning how to deal with this whole business, I would have gone on and on thinking that I had lost!!

I bet my file is GONE!!!

After finding out my file is not where it should be, I went up to the original Judge Xxxxx X. Xxxx’s courtroom where it all went down, (to get in some courtroom observation time) and lo and behold the judge who entered the ex parte default judgment against me has been shuffled off to the boonies, and the new judge is the same one who vacated and quashed for me.

The courtroom was empty except for the clerk, and she seemed nice, so I asked if I could talk with her and she pulled my case up on the computer and said yes it was vacated, and explained that vacated means it was as if it never happened, was set back to square one, and even looked it up on various different places in the computer files to make sure, looked at my copy of the microfiche of the vacate and quash order ( that I got downstairs where they are still looking for the file itself), and told me it was good.

She said they did not have my file up there in court, and that it seemed fishy to her, that after six months it had not been re-shelved, and that “fishy” files sometimes Disappear.

All in all, there have been six different judges in on this.

I did the affidavit wrong, by not filing it in a public record, but the lawyer entered it into the public record for me by waving it front of the judge on August 8, 2005, and using it as an argument not to quash and vacate!!!

And now he has lost his whole case to a virgin pro se defendant to boot.

[mrg]

Here is one of the reasons why I think my case file is GONE with the wind:


AFFIDAVIT

KNOW ALL MEN BY THESE PRESENT:

Xxxxx Xxxxx, being first duly sworn on oath deposes and says:


1. That my rights according to the United States Constitution, and the Illinois Constitution were denied in the Circuit Court of Cook County,Illinois First Municipal District by Xxxxxxx X. Xxxxxx, Circuit Court Clerk and Xxxxxxxx X. Xxxxxxxx, Presiding Judge, First Municipal District, Judge XxxxxxX. Xxxxx, Attorney Xxxxx X. Xxxxxx, and Attorney Xxxxxxx X. Xxxxxxxx in Case No. XX-Xxxxxxx. Pursuant to Article VI Clause 2, the United States Constitution is the supreme Law of the Land.

Pursuant to Article VI Clause 3 of that same instrument, each and every judge in the United States is REQUIRED by the U.S. Constitution to swear an Oath of Office contract with the People of the United States to support and defend the Constitution, and the Constitutional rights of the Citizens WHETHER OR NOT YOU AGREE NOTWITHSTANDING. All attorneys, as officers of the Court are also required to execute such an Oath Contract with the People of the United States.

2. That I was denied entry to the Court to defend myself in violation of Article VI Clause 2 and Clause 3, and Amendments I, V, VI, VII, and XIV of the United States Constitution, and of the Illinois State Constitution Section 12 (Right to Remedy and Justice), thus constituting a denial to "obtain justice by law, freely..."

3. That I was denied "certain remedy in the laws..." (Illinois Constitution Section 12) due to my inability to pay upon demand, an entry fee to the venue of judicial proceedings, thus being denied access to entry into the Court of law to defend myself by presenting my sworn affidavit before a duly sworn judge. Such constituted the crimes of blackmail, extortion, felony conspiracy to abridge civil rights, domestic terrorism, etc, by the officers involved as well as the judges who allow such practices.

4. That a judgment was entered against me depriving me of "property without due process of law..." and I was also denied the "equal protection of the laws." Such is a blatant violation of the United States Constitution, and a blatant breach of Oath of Office contract by the aforementioned judges, attorneys, and clerk of Court.

5. That since some are allowed in the same or similar litigation situation(s) to defend themselves in a court of law with waiver of demand of payment for the right to do so, and others are not, this constitutes the
one's being "denied the equal protection of the laws" and "justice by law, freely" granted the other party (Illinois Constitution, Section 2. Due Process and Equal Protection, and Illinois Constitution, Section 12.
Right to Remedy and Justice.)

6. That I was denied certain rights in a court of law in order to exercise my above stated Constitutional rights via willful and intentional conspiracy by and between the aforementioned judges, lawyers, and Clerk of Court.

7. That to demand payment for the right to enter a Court of law as a defendant in order to submit an affidavit before a duly sworn judge is an unconstitutional violation of State and Federal racketeering (RICO) laws, as well as the United States Constitution and the Illinois Constitution Section 12.

8. That in addition to the violation of the Illinois Constitution this Court has unlawfully denied the same rights guaranteed according to the United States Constitution.

9. That each of you have duly sworn and registered an Oath of Office.

10. That the statements contained in the attached are true and
correct to the best of my knowledge and belief.


Dated This____________________ day of ______________________, 2005

By:_______________________________________________

Xxxxxxx X. Xxxxx

STATE OF ILLINOIS
COUNTY OF COOK

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, this_________day
of_______________,2005


___________________________________
NOTARY PUBLIC
My Commission Expires:



This was mailed to all named parties registered mail, and accepted return receipt.

This unrebutted affidavit, despite any flaws got entered into the public record August 8, 2005, in the Circuit Court of Cook County, Illinois by a lawyer, who was one of the parties it was served on, and was admitted as evidence by a stand-in judge for the judge whose courtroom we were in, and used as the main basis to decide against me in a motion to quash service of process, and vacate ex parte default judgment, and restore the salary that had already been garnished.

(The absent judge whose courtroom we were in was the one who had judged against me originally, and he also had gotten the same affidavit and not rebutted.)

Later on and unbeknownst to me, yet another judge, quashed and vacated for me, and now today she is sitting as the judge in the courtroom of the judge who decided against me in the first place.

Now I have to go get the $FRNs back plus damages etc., and if they think I am going to go away, they do not know what I am capable of when I get determined.

Not only that, but the judges, attorneys and Clerk of Court have all un-rebutted an affidavit that has been used in court, and charged some large things.

An unrebutted affidavit stands as truth. This unrebutted affidavit was used by a lawyer upon whom it had been served, in court, in front of me, and my witness, and on record, in order to obtain a judgment against my motion to quash service, vacate default judgment, and restore property.

An ubrebutted affidavit illegally served on me (and that I was told I had to pay a fee to enter into the court in order to defend myself) was what was used against me in deciding the merits that the judge used to enter ex parte default against me in the first place.

They think if throw enough @#!^ at you, you will give up and go away, and most people do.

Now, I am determined to find out the whole story.

[Akira]

mrg,

Truely Inspiring !

Great job !!!



Never give up !!!


For HIS Glory,
Akira

[idknow]

Any verifiable win is a good win!
(think `any aeroplane landing you can walk away from')

as for the people in the clerk's office that were pleasant to you,
well, if you continue to visit that office and interact with them
that pleasantness should turn into respect and alittle Love.

It did for me.

[weishaupt1776]

Originally Posted by mrg

Here is one of the reasons why I think my case file is GONE with the wind:


AFFIDAVIT

KNOW ALL MEN BY THESE PRESENT:

Xxxxx Xxxxx, being first duly sworn on oath deposes and says:


1. That my rights according to the United States Constitution, and the Illinois Constitution were denied in the Circuit Court of Cook County,Illinois First Municipal District by Xxxxxxx X. Xxxxxx, Circuit Court Clerk and Xxxxxxxx X. Xxxxxxxx, Presiding Judge, First Municipal District, Judge XxxxxxX. Xxxxx, Attorney Xxxxx X. Xxxxxx, and Attorney Xxxxxxx X. Xxxxxxxx in Case No. XX-Xxxxxxx. Pursuant to Article VI Clause 2, the United States Constitution is the supreme Law of the Land.

Pursuant to Article VI Clause 3 of that same instrument, each and every judge in the United States is REQUIRED by the U.S. Constitution to swear an Oath of Office contract with the People of the United States to support and defend the Constitution, and the Constitutional rights of the Citizens WHETHER OR NOT YOU AGREE NOTWITHSTANDING. All attorneys, as officers of the Court are also required to execute such an Oath Contract with the People of the United States.

2. That I was denied entry to the Court to defend myself in violation of Article VI Clause 2 and Clause 3, and Amendments I, V, VI, VII, and XIV of the United States Constitution, and of the Illinois State Constitution Section 12 (Right to Remedy and Justice), thus constituting a denial to "obtain justice by law, freely..."

3. That I was denied "certain remedy in the laws..." (Illinois Constitution Section 12) due to my inability to pay upon demand, an entry fee to the venue of judicial proceedings, thus being denied access to entry into the Court of law to defend myself by presenting my sworn affidavit before a duly sworn judge. Such constituted the crimes of blackmail, extortion, felony conspiracy to abridge civil rights, domestic terrorism, etc, by the officers involved as well as the judges who allow such practices.

4. That a judgment was entered against me depriving me of "property without due process of law..." and I was also denied the "equal protection of the laws." Such is a blatant violation of the United States Constitution, and a blatant breach of Oath of Office contract by the aforementioned judges, attorneys, and clerk of Court.

5. That since some are allowed in the same or similar litigation situation(s) to defend themselves in a court of law with waiver of demand of payment for the right to do so, and others are not, this constitutes the
one's being "denied the equal protection of the laws" and "justice by law, freely" granted the other party (Illinois Constitution, Section 2. Due Process and Equal Protection, and Illinois Constitution, Section 12.
Right to Remedy and Justice.)

6. That I was denied certain rights in a court of law in order to exercise my above stated Constitutional rights via willful and intentional conspiracy by and between the aforementioned judges, lawyers, and Clerk of Court.

7. That to demand payment for the right to enter a Court of law as a defendant in order to submit an affidavit before a duly sworn judge is an unconstitutional violation of State and Federal racketeering (RICO) laws, as well as the United States Constitution and the Illinois Constitution Section 12.

8. That in addition to the violation of the Illinois Constitution this Court has unlawfully denied the same rights guaranteed according to the United States Constitution.

9. That each of you have duly sworn and registered an Oath of Office.

10. That the statements contained in the attached are true and
correct to the best of my knowledge and belief.


Dated This____________________ day of ______________________, 2005

By:_______________________________________________

Xxxxxxx X. Xxxxx

STATE OF ILLINOIS
COUNTY OF COOK

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, this_________day
of_______________,2005


___________________________________
NOTARY PUBLIC
My Commission Expires:



This was mailed to all named parties registered mail, and accepted return receipt.

This unrebutted affidavit, despite any flaws got entered into the public record August 8, 2005, in the Circuit Court of Cook County, Illinois by a lawyer, who was one of the parties it was served on, and was admitted as evidence by a stand-in judge for the judge whose courtroom we were in, and used as the main basis to decide against me in a motion to quash service of process, and vacate ex parte default judgment, and restore the salary that had already been garnished.

(The absent judge whose courtroom we were in was the one who had judged against me originally, and he also had gotten the same affidavit and not rebutted.)

Later on and unbeknownst to me, yet another judge, quashed and vacated for me, and now today she is sitting as the judge in the courtroom of the judge who decided against me in the first place.

Now I have to go get the $FRNs back plus damages etc., and if they think I am going to go away, they do not know what I am capable of when I get determined.

Not only that, but the judges, attorneys and Clerk of Court have all un-rebutted an affidavit that has been used in court, and charged some large things.

An unrebutted affidavit stands as truth. This unrebutted affidavit was used by a lawyer upon whom it had been served, in court, in front of me, and my witness, and on record, in order to obtain a judgment against my motion to quash service, vacate default judgment, and restore property.

An ubrebutted affidavit illegally served on me (and that I was told I had to pay a fee to enter into the court in order to defend myself) was what was used against me in deciding the merits that the judge used to enter ex parte default against me in the first place.

They think if throw enough @#!^ at you, you will give up and go away, and most people do.

Now, I am determined to find out the whole story.

Congrats, mrg. One of the best cocoon breakers I've heard
Float like a butterfly, sting like a bee.

[mrg]

IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT

X.X.X. FINANCIAL GROUP, a )
foreign L.L.C., )
)
Plaintiff )
)
v. ) No. 04 M1- xxxxxxxxx
)
MICHAEL GLENN )
)
Defendant

NOTICE OF MOTION

To: 1) Xxxx X. Xxxxxxx, of Counsel, Law Offices of Xxxxxx X. Xxxxxxxx, 100 E. Xxxxxx Street,# 4599, Chicago, IL 666666; and
2) X.X.X. FINANCIAL GROUP, a foreign L.L.C., 3725 Xxxxxx Xxxx Street, Xxxxxxx, OH 166666

On August 8, 2005 at 2:00 p.m., or as soon after that as Defendant can be hearsd, he will appear before the honorable Presiding Judge of the Circuit Court of Cook County, in Room 666 of the Richard J. Daley Center, Center, Chicago, Illinois, and present for hearing: Motion to Quash Service of Process
_________________
Xxxxxxxx Xxxxx
Defendant Pro Se

AFFIDAVIT OF SERVICE

The undersigned defendant, a non-attorney, on oath deposes and says that he served the foregoing Notice and attachments to the above named parties by the following method:
Mailing a copy to the above named at the above listed address by depositing the same in the U.S. Mail, via certified mail, return receipt at Chicago, IL before 5:00 p.m. on July 21, 2005 with proper postage prepaid.
The undersigned, a non-attorney, states under penalty of perjury as provided by law pursuant to 735 ILCS 5/1-109 that the statements set forth in the above Affidavit of Service are true and correct.


Dated: July 21, 2005

_____________________
Xxxxxxxxx Xxxxx
Defendant Pro Se

Name: Xxxxxxx Xxxxx
Defendant Pro Se
Address: 555 Xxxxxxx Avenue, 8th Floor
Chicago, IL 666666-6666
Telephone:
Attorney no. 99555

IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT

X.X.X. FINANCIAL GROUP, a )
foreign L.L.C., )
)
Plaintiff )
)
v. ) No. 04 M1- xxxxxxxxx
)
MICHAEL GLENN )
)
Defendant

MOTION BY DEFENDANT PRO SE TO QUASH SERVICE OF PROCESS

NOW COMES Defendant, XXXXXXX XXXXX, bringing this Motion before this honorable Court to Quash Service of Process and to Set Aside Ex Parte Judgment as VOID for lack of personal jurisdiction , and states the following in support thereof:

1. On February 16, 2005, an ex parte judgment was entered against Defendant in the amount of $ 3,654.33 plus costs.

2. The Revised ILCS 5/2-301 (January 01, 2000) provides that Defendant is no longer required to file a special appearance to preserve his right to contest personal jurisdiction. Instead, Defendant must file a motion to quash service prior to the filing of any other pleading or motion, other than a motion for an extension of time to answer or otherwise appear.
Defendant filed no other pleading or motion motion prior to the filing of this Motion to Quash Service of Process.

3. Defendant respectfully submits this Motion based on the following legal grounds:

A. A judgment, order or decree entered by a court which lacks jurisdiction of the parties or of the subject matter, or which lacks the inherent power to make or enter the particular order involved, is void, and may be attacked at any time or in any court, either directly or collaterally.
R.W. Sawant & Co. et al. v. Allied Programs Corp., 111 Ill.2d. 304, 309, 489 N.E.2d 1363 (1986).

B. A defendant contesting personal jurusdiction is not restrictedor limited by the requirements of 735 ILCS 5/2-1401. R.W. Sawant , 111 Ill.2d. 304, 309, 489 N.E.2d at 1363;
735 ILCS 5/2-1401 (f).

4. For the following reasons, and as supported by Defendant’s sworn affidavit, which is attached hereto and incorporated herein, Defendant states that the above referenced ex parte judgment is VOID for lack of personal jurisdiction:

A. Defendant was not personally served with process—nor does the affidavit of service even allege that Defendant was personally served with process.

B. The affidavit of special process server, XXXXX XXXXX, alleging that Defendant was served with process in accordance with 735 ILCS 5/2-203 (a) (2) is defective and erroneous as fully set forth below:

i. said affidavit alleges that Defendant was served with process at 9:30 p.m., on Saturday, January 08, 2005, by making substitute or abode service of process on an alleged member of Defendant’s household, alleged to have been Defendant’s unnamed roomate, said roomate is described as a 45 year-old man. Said affidavit alleges that process was served at [my address here].

ii. At all time relevant, the residential building located at [my address here] contains three separate dwelling units, and places of abode. At all times relevant Defendant has lived and made his usual place of abode, alone, and with no other person, in the first floor apartment of the building located at that address.

iii. Furthermore, Defendant, who is a 55 year-old man, was not present at his usual place of abode on January 08, 2005, at 9:30 p.m. At that time, Defendant was with his fiance, XXXXXX XXXXXX, at the Xxxxx Cinema in Xxxxxx, IL, viewing a movie. On that date, Defendant would not have returned to his home until 10:30 p.m., or later. As a consequence, if the special process server did in fact delivery the summons and complaint to a man at [my address here] at 9:30 p.m. on January o8, 2005, then the man served with the process would have been present in one of the other two dwelling units, but was not present in Defendant’s dwelling unit.

iv. Thereafter, I found a copy of the summons and complaint in his mailbox on the morning of Monday, January 10, 2005. Defendant has no information as to who may have placed the documents in his mailbox.

v. Thereafter, on February o2, 2005, Defendant filed his written appearance, but did not actually appear before the court, or file a motion or pleading in this matter which would voluntarily submit Defendant’s person to this Court’s jurisdiction. As a consequence, as provided in the revised 735 ILCS 5/2-301, Defendant has not waived is right to bring this motion before this court to quash service of process.

5. Defendant’s wages are currently subject to garnishment with respect to the above referenced void judgment.

WHEREFORE, defendant, XXXXXXX XXXXX, prays that this Honorable Court:

A. Quash the Defective service of process;

B. Vacate the ex parte judgment as VOID for lack of personal jurisdiction; and

c. Quash and dismiss all supplementary orders with respect to this matter, and order that all funds garnished be immediately returned to Defendant’s possession.

Respectfully Submitted,


_________________
Xxxxxxx Xxxxx
Defendant Pro Se

Name: Xxxxxxx Xxxxx
Defendant Pro Se
Address: 555 Xxxxxxx Avenue, 7th Floor
Chicago, IL 666666
Telephone:
Attorney no. 99555

[mrg]

IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT

X.X.X. FINANCIAL GROUP, a )
foreign L.L.C., )
)
Plaintiff )
)
v. ) No. 04 M1- xxxxxxxxx
)
MICHAEL GLENN )
)
Defendant

DEFENDANT’S AFFDAVIT

I, XXXXXXX XXXXX, hereby state, under penalty of perjury, that I have personal knowledge of the facts stated herein and would testify to these facts under oath if called upon to do so:

1. I was not personally served with process with respect to this matter.

2. At all time relevant, the residential building located at [my address here] contains three separate dwelling units, and places of abode. At all times relevant I have lived and made my usual place of abode, alone, and with no other person, in the first floor apartment of the building located at that address.

3. Furthermore, I am a 55 year-old man, and I was not present at my usual place of abode on January 08, 2005, at 9:30 p.m. At that time, I was with my fiance, XXXXXX XXXXXX, at the Xxxxx Cinema in Xxxxxx, IL, viewing a movie. On that date, I would not have returned to my home until 10:30 p.m., or later. As a consequence, if the special process server did in fact delivery the summons and complaint to a man at [my address here] at 9:30 p.m. on January 08, 2005, then the man served with the process would have been present in one of the other two dwelling units, but was not present in Defendant’s dwelling unit.

4. Thereafter, I found a copy of the summons and complaint in his mailbox on the morning of Monday, January 10, 2005. Defendant has no information as to who may have placed the documents in his mailbox.

VERIFICATION BY CERTIFICATION

The affiant states under penalty of perjury as provided by law pursuant to 735 ILCS 5/1-109 that the statements set forth in this affidavit are true and correct, except, as to matters therein stated to be on information and belief ans as to such matters the undersigned certifies as aforesaid that theafiant believes the same to be true.

Dated: July 19, 2005

_________________________
XXXXXXX XXXXX
Defendant Pro Se


Name: Xxxxxxx Xxxxx
Defendant Pro Se
Address: _________________Avenue, 7th Floor
Chicago, IL 666666
Telephone:
Attorney no. 99555

IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT

X.X.X. FINANCIAL GROUP, a )
foreign L.L.C., )
)
Plaintiff )
)
v. ) No. 04 M1- xxxxxxxxx
)
MICHAEL GLENN )
)
Defendant

WITNESS AFFIDAVIT

I, XXXXXX XXXXXX, hereby state under penalty of perjury, that I have personal knowledge of the facts stated herein and would testify to these facts under oath if called upon to do so:

1. I have known XXXXXXX XXXXX for over 6 years.

2. He is a 55 year-old man.

3. On January 08, 2005, at 9:30 p.m., XXXXXXX XXXXX was with me at the Xxxxx Cinema, in Xxxxxx, Illinois, viewing a movie.

VERIFICATION BY CERTIFICATION

The afiant states under penalty of perjury as provided by law pursuant to 735 ILCS 5/1-1-9 that the statements set forth in this affidavit are true and correct, except, as to matters therein stated to be on information and belief and as to such matters as aforesaid that the afiant believes the same to be true.


Dated: [handwritten 7/20/05
_________________________
Afiant
Xxxxxx Xxxx


Name: Xxxxxxx Xxxxx
Defendant Pro Se
Address: 555 Xxxxxxxx Avenue, 7th Floor
Chicago, IL 666666
Telephone:
Attorney no. 99555


Notary Official Seal
Date of Expiration of Commission

Notary Signature and Date

[mrg]

So all the initial bravado turns out to be egotistical chest thumping.

I went to the courthouse today to try again to find my "missing" case file, only to discover that a court order had now been filed saying that my quash service and vacate default judgement motion was denied, and told that the Municipal Record showing that the quash and vacate had been allowed by a named and listed judge who had allowed it, and that it was apparently a data entry error made by the clerk of the court.

Here is the salient part of the printout

(This is the Summary, I would have to scan in and send the actual MUNICIPAL RECORD that they gave me, but the layout and info is identical):


Case Information Summary for Case Number
XXXX-X1-123456


Filing Date: 11/4/2004 Case Type: CONTRACT
Division: Municipal Division District: First Municipal
Ad Damnum: $XXXX.XX Calendar:


[cut to the chase]:



Activity Date: 7/21/2005 Participant: LAST FIRST
NOTICE OF MOTION FILED


Attorney: PRO SE

Activity Date: 7/21/2005 Participant: LAST FIRST
MOTION FILED


Attorney: PRO SE

Activity Date: 7/21/2005 Participant: LAST FIRST
MOTION SPINDLED

Court Date: 8/8/2005
Court Time: 0200
Court Room: 1102

Attorney: PRO SE

Activity Date: 8/8/2005 Participant: LAST FIRST
QUASH WRIT - ALLOWED -


Judge: HXXX VXXX PXXXXX
Microfilm: MD000992470

Activity Date: 8/8/2005 Participant: LAST FIRST
VACATE ANY OR ALL DEFAULT ORDERS - ALLOWED -


Judge: HXXX VXXX PXXXX
Microfilm: MD000992470


So today I spoke with several supervisors, and then to the judge whose name was on the Municipal Record printout who told me that she had indeed obviously allowed the motions, and then spoke to her clerk who examined the Court Order signed illegibly by a judge who had conveniently omitted his Judge Number from the part of the order where he is supposed to enter it and, who then took me to the Judge in charge of supervising the judges on that floor, and who said everything I thought had been allowed had indeed been denied instead.

By that time the clerks had "corrected" the erroneous entry into the Record and this second Judge (in charge of supervising the others) pulled it up on his computer screen, looked at my hard copy, and the screen, and said that if he had a dollar for every time the clerks had made data entry errors, he would be a millionaire.

He also said that files get lost all the time, and if it did not turn up then the evidence that should have been placed in there and that I had specifically come looking for, was gone with the file, and I was out of luck.

At least I have the courage to pursue it all, and so far have gone at it with an attorney, and a judge in court, and have gone without appointment into the courtrooms of two other judges and asked for clarification of apparent discrepencies in the record, as well as spoken with the Head Flak Catcher for the Chief Judge.

Perhaps this in itself is a small success.

Sorry about the chest thumping.

[idknow]

Originally Posted by mrg

So all the initial bravado turns out to be egotistical chest thumping.

I went to the courthouse today to try again to find my "missing" case file, only to discover that a court order had now been filed saying that my quash service and vacate default judgement motion was denied, and told that the Municipal Record showing that the quash and vacate had been allowed by a named and listed judge who had allowed it, and that it was apparently a data entry error made by the clerk of the court.

Here is the salient part of the printout

(This is the Summary, I would have to scan in and send the actual MUNICIPAL RECORD that they gave me, but the layout and info is identical):


Case Information Summary for Case Number
XXXX-X1-123456


Filing Date: 11/4/2004 Case Type: CONTRACT
Division: Municipal Division District: First Municipal
Ad Damnum: $XXXX.XX Calendar:


[cut to the chase]:



Activity Date: 7/21/2005 Participant: LAST FIRST
NOTICE OF MOTION FILED


Attorney: PRO SE

Activity Date: 7/21/2005 Participant: LAST FIRST
MOTION FILED


Attorney: PRO SE

Activity Date: 7/21/2005 Participant: LAST FIRST
MOTION SPINDLED

Court Date: 8/8/2005
Court Time: 0200
Court Room: 1102

Attorney: PRO SE

Activity Date: 8/8/2005 Participant: LAST FIRST
QUASH WRIT - ALLOWED -


Judge: HXXX VXXX PXXXXX
Microfilm: MD000992470

Activity Date: 8/8/2005 Participant: LAST FIRST
VACATE ANY OR ALL DEFAULT ORDERS - ALLOWED -


Judge: HXXX VXXX PXXXX
Microfilm: MD000992470


So today I spoke with several supervisors, and then to the judge whose name was on the Municipal Record printout who told me that she had indeed obviously allowed the motions, and then spoke to her clerk who examined the Court Order signed illegibly by a judge who had conveniently omitted his Judge Number from the part of the order where he is supposed to enter it and, who then took me to the Judge in charge of supervising the judges on that floor, and who said everything I thought had been allowed had indeed been denied instead.

By that time the clerks had "corrected" the erroneous entry into the Record and this second Judge (in charge of supervising the others) pulled it up on his computer screen, looked at my hard copy, and the screen, and said that if he had a dollar for every time the clerks had made data entry errors, he would be a millionaire.

He also said that files get lost all the time, and if it did not turn up then the evidence that should have been placed in there and that I had specifically come looking for, was gone with the file, and I was out of luck.

At least I have the courage to pursue it all, and so far have gone at it with an attorney, and a judge in court, and have gone without appointment into the courtrooms of two other judges and asked for clarification of apparent discrepencies in the record, as well as spoken with the Head Flak Catcher for the Chief Judge.

Perhaps this in itself is a small success.

Sorry about the chest thumping.

reminds me of the nonsense I had to deal with, unknown/un-registered/un-numbered "judge" brought in from out of county to hear my first appeal de novo

then lost brief to the appellate court, never found

stonewalling, etc ad nauseum

[mrg]

This is post is not as well organized as i could make it, but I wanted to post the latest in what will be an ongoing attempt to find out what the H#!! is going on in this courthouse.

(This same Cook County Court was declared by a federal court to be an organized criminal enterprise, I do not have the case cite, but someone posted it elsewhere just today. That case has also been cited by the US Supreme Court)

I have a certified copy of the official court records showing that Judge (name deleted) vacated the default judgment against me, but denied the quash of service.

I have her word in her courtroom in front of her clerk that she did indeed vacate.

I received a phone call saying that they had located my case file, but that a judge was reviewing it, and was given a date to show up to look at it.

I showed up, and no file.

There is a record of a judge vacating, and a conflicting alleged court order claiming to have denied, that is absent any identification of the judge who allegedly issued it that appears to be prepared by the plaintif's attorney.

In my file is supposed to be what is called a "half sheet" for each proceeding, which I am told by the Clerk of the Court is a written statement by the judge concerning the judgment.

When I last was able to view the file (prior to my quash service motion) there were no half sheets.

I spoke to the judge who is in charge of overseeing the other judges on this floor of courtrooms, and told him that I needed to see that evidence used by the attorney and the judge (the affidavit and novation posted previously) in my file since the judge stated that he was using this to prove I had accepted jurisdiction, which defeated my motion to void jurisdiction.

I also told him I needed to see the "half sheet," and made complaints regarding the behavior of the attorney and the judge.

The judge who supposedly decided against me is not assigned to this courthouse, and I have not been able to find out where he is.

So, I have one judge on record certified as having vacated the default judgment, in direct contrdiction to a "mystery judge," who appeared in court and said he was denying the motion, an alleged "court order" denying my motion that the judge who is on record as vacating told me, in her courtroom in front of her clerk, was unsigned, (while she personally told me that she had indeed vacated the judgment), and the "order" is absent the mystery "judge's" name and number, and appears to have been prepared in a handwriting that looks like the plaintif's attorney's handwriting.

There is also missing documentation from the original judgment, and the garnishing orders, there is a perjured affidavit of service, my witness' sworn affidavit showing the affidavit of service is false in what is stated and who will testify in person, and a file that they will not let me see.

I have explained to the office of the Chief Judge that I intend to sort out the details, and have appeared in person before the oversight judge to question and complain.

So, on the record, I did actually win, and I have a certified copy of it, as well as statements by a judge in her own courtroom in front of a witness that she did indeed do what is in that record.

I also have a certified copy of a void court order, which may be fraudulent.

I also have statements from the Clerk of Court that my file has been located and at last sighting had been requested to be reviewed by a (name deleted) judge, but will be made available to me.

I will also, have copies of the oaths of all the officers involved, and their bar numbers as well.

I really do not care that they garnished my wages and got me fired from my job.

I do care that they did not follow the letter of the law in their process.

I do care that this was all done in disregard of due process.

(There are other irregularities that I have not had time to post.)

So, as the Yogi himself has said "Its not over till its over."

And believe me, its not over.