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    Post: Due Process Denied by Court

    Posted by john armstrong on 1/31/11

    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.

    Posts on this thread, including this one
  • Due Process Denied by Court, 1/31/11, by john armstrong.

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