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    sherrybsure's Avatar
    sherrybsure Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 22, 2007, 09:16 PM
    How to request an emergency court hearing
    Hello,
    I am in my redemption period on my home I have till April 23 to redeem. I can't redeem cause I have a 2nd mortgage against me for 30,000 that I am working on trying to get removed. I had an attorney since April 2006 he voleteerd to help me. I guess you get what you pay for cause I am no further then I was back in April. I am know trying to do it myself, I was told by the court administration I can request an emergency hearing. I just don't know what forms it is that I need to fill out. So what I am filing with the courts is the summons & complaint for declaratory relief, but not enough time to get in front of a judge before my redemption time. Can anyone please help me with what form and what I should do to get in front of a judge. Please . I also should say that I published in the paper cause was not able to contact her So I guess it would be a default hearing. I think. I live in Minnesota. Also it is civil

    Thank You,
    Sherry
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Mar 22, 2007, 09:47 PM
    Hello Sherry:

    We need more than that. Who's "her"? Why are you suing her? How can she remove the 2nd? Help us to help you.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 23, 2007, 07:29 AM
    If the court admin told you you can request an emergency hearing go back and ask them how.

    But if you want our help you really need to give us the whole story.
    sherrybsure's Avatar
    sherrybsure Posts: 3, Reputation: 1
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    #4

    Mar 23, 2007, 07:51 AM
    OK I signed a bond to get someone out of jail. He didn't show for court but the bond was never revoked. But she put a second mortgage against my home anyway. Then she took me to court and sued me. I was my own lawyer at trial. So she has a second mortgage for 30,000 and a judgement for 8,000. My house is I foreclosure redempion being April 23rd. I can't find her so I published in the paper she has not answered so she is in default. So I need to get in front of a judge to have it removed. The courts said I can request an emergency hearing but I need to fill out a form and give to courts and then the judge will decide if it is an emergnecy. The courts will not tell you anything except where to find the forms and I don't know what forms. I'm running out of time
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Mar 23, 2007, 08:05 AM
    Ahh, you put your home up as security for a bail bond. How much was the Bail? When the person didn't show she filed a lien against your home (which she was allowed according to the contract you signed). Are you sure Bail was never revoked? If she won a judgement sounds like it was and she had to pay the $8K. Why she filed a lien for $30K I'm not sure.

    So now you are trying to get the lien removed so you can get your home out of foreclosure? But she is no longer in the bail bond business and you can't find her? Do I have the situation straight?

    Where did the courts tell you you could find the forms? There should be a list of forms and the one you need will be titled something about a hearing request.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
    Expert
     
    #6

    Mar 23, 2007, 08:30 AM
    I don't see how you expect to have this lifted, As a police officer I worked with many people on bail bonds, and for a while between jobs I did some bounty hunting in my younger days for bail bond companies.

    This is the way it works, if the person does not appear in court, they breach the contract with the bail bond company, So this allows the bail bond company to go after the person who signed for them, to recover the amount of the bond. ( the courts may allow the bonding company a time of months to a year to actually find the person)

    But the result is that by contract ( does not matter what the court does or does not do, or if they perosn is latter found and returned) the result is that the bail bondsment can now sue for any and all damages, including cost of the bounty hunters to look for the person.

    And if they won the judgement it was proof of a legal binding contract.

    So the only way to get the 2nd mortgage off is to go back and get the judgement reversed on some legal grounds.

    Honestly it is not going to happen in any short time frame and I doubt if it really ever happens. ( one of the reason never to put your house up for someone with a bail bondsmen.
    sherrybsure's Avatar
    sherrybsure Posts: 3, Reputation: 1
    New Member
     
    #7

    Mar 24, 2007, 01:21 AM
    Well if it is true ethen my lawyer don't know nothing, cause all the paer work is prepared and I am going to use it. Even though he isn't my attorney any more because he was pretty much trying to force me into doing a CD with this couple he knew. But from what I understand she lost her opportunity to foreclose on me when she took me to court. And believe me she tried to foreclose but at the time I called her attorney and informed him that we went to trial and the judge had not ruled yet. Never herard a word from that attorney again and by the way she has had four attorneys through all this. The reason she took me to court was because because she didn't collect all of the 10% of the bond before she let him out which I was unaware of that. He was caught with in a week. But not by the bounty hunters. Why would anyone be intitled to something they never lost. What's really messed up is there was three of us that signed for him to get out three different bonds for a 150,000 mine was only for 30,000 and she only put a mortgage against me and not the other two, and yes I did sign a promissory note but she forged my signature to the short mortgage. I have the girl that use to work for her saying she seen her change and add signature on form all the time. I tried to prove that at the trial but they didn't provide the origianl documents like I requested. And I didn't know I could object to the judge seeing the copies. Lesson learned don't be your own attorney but some have no choice.I proved her to be a liar first thing on the stand. Well back to reason I believe I would win is from what it says in the summons and the complaint for declaratory relief. If you all have an e-mail address I would be more then happpy to mail it to you it's too much to type out. I have looked in the forms at the address the courts gave me and can't find anything. The web site is www.courts.state.mn.us.\ctforms\ So here I am still looking for the forms. I also believe that no one should get something they didn't lose. The 8,000 is well more then what she lost.
    orquidiamiller's Avatar
    orquidiamiller Posts: 1, Reputation: 1
    New Member
     
    #8

    Feb 2, 2010, 11:08 AM
    I singned a pre-agrement with my soon to be ex- and on that agrement we were sharing our son 50/50 one week on one week off. His attorney took a long time to prepare the final divorce decree. The agrement said that my ex would not pay child support because we were sharing 50/50 our son. But it stated that he would pay for half of day care expenses and half of my son's insurance. Not only would he not show up on the weeks that he was suppose to get our son he never helped me pay for day care or insurance, I have been the sole provider for our son sin we got separated. We separated when my son was 6 months and he is now 2 1/2 and till this date he has not helped me financially. I got tired of his behavior of not showing up to get his son ) so I decided not to sign the final divorce decree, he took me back to court on an emergency hearing claiming that I and his son were living on the streets. ( wich is not true). I requested a drug test wich he tested possitive, my ex had a mexican prescription claiming that he had a hormonal problem and that he had taken hormon replacement pills. The judge order him to go to a doctor here in the ESA and get proff that in fact he had the problem he claimed he had. I had aked my attorney to bring up the child support issue but he claimed that it was not the time to do so. Because the judge may think that I'm only thinking about money. It has been 5 months since we last went to court and nothing has been done. My ex- shows up to pick his son when he wants and there are times that he gets him and two days later he will call me and tell me that he has to go out of town and that I need to pick up our son or that he is going to drop him off my house. Before this mess I had a set baby sitter who wached my son everyday and I would pay her a fix amount. But because of what the judge order that we follow the pre-agrement until further notice I decided to pay my baby sitter by the day. Because she would only have to wach my son two weeks out of the month she started charging me just a little more. Wich I don't ming paying being that she does a wonderful job!! My problem is that now not only do I pay her for my week I have to pay her for the week that my ex does not show up or that he drops off our son during his week. What can I do? I don't have any more money for attorney and I don't think my attorney has represented me the way I decerve.! I recently applied for government help. Be

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