Posted by john armstrong on 1/31/11

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My wife won the lottery, put her winnings in out-of-state
accounts (H&R Block), filed for a divorce, and got a
default judgement against me. All this was done in secret
without my knowledge. I filed a motion to vacate the
default judgment within 30 days and the court vacated the
default judgment for NO Notice. The problem is that
instead of dismissing the cause, the judge ordered the case
reinstated and sent the case back to the preliminary
judge. The preliminary judge recused herself from the case
and another judge took the case.

During the discovery phase, my wife and her attorney
completed a disclosure form 13.3.1 and listed all her
assests and bank accounts as none. I later discovered that
my wife was paying her attorney fees from a none disclosed
bank account and her attorney never reported the account.
I alerted the judge but she did nothing. I missed one
court date because I was ill, and the presiding judge was
absent the same court date. Instead of my wife's attorney
rescheduling the court date, he found another judge from a
different court to enter a default order, judgment and
dissolution of marriage against me, all without notice to
me. This is the second default judgement entered against
me under the same case number. I filed a motion to vacate
the default judgement within 30 days but the presiding
judge ruled that my case had no merit and denied my motion.
In the meantime my wife's attorny was allow to withdraw
from the case and my wife never appeared again in the case.
The jduge was acting as my wife's attorney in her stead.
All the motions that I sent to her she never came to court
and the judge waived her appearance. I was the only one
coming to court although I sent motions to my wife and her
attorney they never appeared. My question is: Did the
judge have Personal Jurisdiction over me to write an order
to reinstate the case since I was never served with Summons
nor complaint of the divorce; also, if a attorney is being
paid legal fees from none disclosed and not reporting these
accounts to the Court, is this considered "Fraud Upon the
Court by an Officer of the Court" and was my due process
rights violated because a second default judgment was
entered against me without notice, eventhough I filed a
motion to vacate the second default judgment within 30
days. I mentioned to the Court that I was ill on the date
for the hearing and that I discovered that my wife had out-
of-state bank accounts that I needed her to sign an
authorization of release to find out the dollar amounts in
her bank accounts. The judge refused all my motions and
entered a order that the default judgement entered against
me "STANDS" I feel that my constitutional rights have been
violated. This case is in Crook County Domestic Relations
division. I can not afford legal help so I had to learn on
my own.

Due Process Denied by Court, 1/31/11, by john armstrong.

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