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Originally Posted by this8384

The bottom line is everyone here seems to have screwed up - your husband, you, the landlady, and even the courts. Nobody is doing what they should and they're all pointing fingers at everyone else.

I don't believe the plaintiff needs to appear if all you're trying to do is get your name taken off the judgment.

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The judge ordered her to appear. My name was already taken off and the judge saw that. That's when he called an emergency hearing. She didn't show up, for whatever reason. The judge wanted her to be there and she wasn't

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Originally Posted by sarasmom61809

The judge was very nice to me today. However, he did not lift the levy. He scheduled another emergency hearing for tomorrow for the court officer who levied the account to come in so we can get to the bottom of this. I'm now losing days of work and $. I'm not even worried on that. I just want the levy lifted so I can pay my own bills and finally sleep. If it seems to be dragging and dragging out, then maybe. I know that this seems discombobulated :o but I can't seem to understand how they can go into someone's account that is not on any lease or does not owe back rent, and just take all the money they have. I work hard for the little bit that I have. I save my own money to pay my bills and talke care of my daughter. There was no joint account anywhere ever. UUUUUUhhhhhggg---I need a beverage :)

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By the way, the magenta color is kind of hard to read.

If the judge was truly being nice to you, he would have immediately lifted the levy so you could get at your funds. At tomorrow's hearing don't leave without an order rescinding the writ.

I can understand the judge wanting to get to the bottom of what happened. But, unless the judge thinks you are presenting a phony dismissal, he should rescind the writ.

The bottom line here is someone in the courthouse screwed up. They were either not aware of the dismissal or ignored it. The plaintiff may have gambled on them not being aware.

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Originally Posted by ScottGem

By the way, the magenta color is kinda hard to read.

If the judge was truly being nice to you, he would have immediately lifted the levy so you could get at your funds. At tomorrow's hearing don't leave without an order rescinding the writ.

I can understand the judge wanting to get to the bottom of what happened. But, unless the judge thinks you are presenting a phony dismissal, he should rescind the writ.

The bottom line here is someone in the courthouse screwed up. They were either not aware of the dismissal or ignored it. The plaintiff may have gambled on them not being aware.

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Sorry about the magenta. :) He said he can't lift the levy until both parties are present. Whether that's true or not, I don't know. Then he scheduled another emergency hearing with the officer who put the levy on my acct. All of our signatures were on the settlement paper. Why would she agree to one thing and go the same day and do another? If that were the case, why settle? Last week I had given the judge months of bank statements showing it has been my account only and I didn't take him off because he had gotten a judgement against him. He was never on. I also gave him a copy of the settlement and the paper stating the funds were levied. He then changed his mind because earlier he told me to get a motion to dismiss the levy. Then when he looked at the settlement paper and saw I was off, he looked a little mad and scheduled today's hearing which she didn't show. So the 2nd one is tom.

He may be trying to cover himself by not rescinding without all parties present, but I doubt if his hands are tied that way.Tell him tmmw that you need access to your money plus the 21 days are going to expire. And that you need the writ rescinded. She can't jam up the wheels of justice by not showing up.

Someone let me know when half the post isn't in fuschia - tried to read but it burned my eyeballs out!

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Originally Posted by ScottGem

He may be trying to cover himself by not rescinding without all parties present, but I doubt if his hands are tied that way.Tell him tmmw that you need access to your money plus the 21 days are going to expire. And that you need the writ rescinded. She can't jam up the wheels of justice by not showing up.

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I will do that. Thanks. Do I sound crazy though, honestly :confused:

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Originally Posted by sarasmom61809

i will do that. thanks. do i sound crazy tho, honestly :confused:

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No you don't sound crazy at all. But mistakes happen. In my mind the real question is whether the landlady tried to pull a fast one by filing for the writ before your dismissal could be field properly.

But that is not your ultimate concern. Releasing your funds should be your primary issue. Once that's done, you can then see if this was an honest mistake or a deliberate attempt to circumvent the court decision.

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Originally Posted by ScottGem

No you don't sound crazy at all. But mistakes happen. In my mind the real question is whether the landlady tried to pull a fast one by filing for the writ before your dismissal could be field properly.

But that is not your ultimate concern. Releasing your funds should be your primary issue. Once that's done, you can then see if this was an honest mistake or a deliberate attempt to circumvent the court decision.

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That is definitely my concern. And I completely understood what the other member was saying, although harsh. I didn't owe the money. I was never legally bound to this person with contracts or lease agreements. I just felt it odd that happened if I was taken off. Do you feel the judge should lift it tom?

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Originally Posted by JudyKayTee

Someone let me know when half the post isn't in fuschia - tried to read but it burned my eyeballs out!

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Sorry about the pink... :o Did you read my original post?

Yes, I did and some of what followed - I think both Scott and This8384 are dead on.

Sounds like a complicated mess/mistake to me. I'd focus on getting the money back and then try to determine if this was deliberate, a fast one, whatever.

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Originally Posted by JudyKayTee

Yes, I did and some of what followed - I think both Scott and This8384 are dead on.

Sounds like a complicated mess/mistake to me. I'd focus on getting the money back and then try to determine if this was deliberate, a fast one, whatever.

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Thanks for your answer. I appreciate it. Tom is the 2nd emergency hearing that the judge ordered. Today was the 1st and the plaintiff didn't show... Hmmm. Makes me wonder a little bit :confused:

Makes me wonder a lot - and I wonder if the Court is wondering, too.

If she doesn't show tomorrow I'd ask the Court about penalizing her for taking up your time and energy - sometimes the Court will take a stand.

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Originally Posted by JudyKayTee

Makes me wonder a lot - and I wonder if the Court is wondering, too.

If she doesn't show tomorrow I'd ask the Court about penalizing her for taking up your time and energy - sometimes the Court will take a stand.

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The judge actually said today, huh, she's not here.. Then he said well, come in tomorrow and I'll order the court officer who put the levy on to be here. So I don't know if they try to contact her or maybe the levy guy does, if they do at all... I figured today was the day to prove her case and she didn't show. If it were me who didn't show, they'd rule in the plaintiff's favor, I'm sure...

As Judy said, ask the judge to penalize her for wasting the court's time and yours. And also to lift the levy because of the hardships its causing you.

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Originally Posted by ScottGem

As Judy said, ask the judge to penalize her for wasting the court's time and yours. And also to lift the levy because of the hardships its causing you.

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Can you believe I'm still sitting here..? :eek: I just wanted to know every angle in case there were some kind of 3 pronged attack on me :eek: Just want to be ready for it. I really do appreciate all that you had posted for me. It's out of my hands. There's not much more I can do. I just keep wondering why she didn't show? Like you said earlier, maybe she didn't want to get reeemded-- or could it be she's got something else up her sleeve...

You may never know - maybe she overslept. Maybe she got bored. That's really nothing to spend time worrying about.

And I think she handed you a "gift" in the form of, "Your Honor, I took time off work and she never showed up."

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Originally Posted by JudyKayTee

You may never know - maybe she overslept. Maybe she got bored. That's really nothing to spend time worrying about.

And I think she handed you a "gift" in the form of, "Your Honor, I took time off work and she never showed up."

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You're absolutely right. I really appreciate your help. I just wanted to be ready for anything that's thrown on my plate. Im really a good, honest, young lady. I'm not giving myself props- well, maybe a little :) But if it were my debt, I'd say take it. But that's not the case

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Originally Posted by ScottGem

As Judy said, ask the judge to penalize her for wasting the court's time and yours. And also to lift the levy because of the hardships its causing you.

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The judge lifted the levy this morning and said the $ should be there by tues. :) Thanks for your help...

Thank you for coming back and advising "us."

GOOD NEWS INDEED!

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Originally Posted by JudyKayTee

Thank you for coming back and advising "us."

GOOD NEWS INDEED!

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I really appreciate all of your help. You all set my mind at ease and as nervous as I was this morning, I was confident. At least I think so ;)