[AK lawyer]

constable ;o)

Constables in New Jersey?

[sarasmom61809]

Yes, I am in NJ. I've tried to track down this man down-- impossible.. But the girls in office just keep calling his cell phone and faxing him. So, I'm on my way to work-Hopefully I can make time to call the courts again. If not, I'm off work tomorrow and Im going to have to go to the court house again. I should just pull up a cot for the rest of the week right outside of the chambers. Hopefully my money gets released today. I gave them the benefit of the doubt yesterday... But today, if it's not in, no more nice girl... Im so fed up with this matter

[sarasmom61809]

Day 7. Money is still not in account. I've stayed on top of the court officer and the clerks office. The court officer actually sent the bank all of the papers too put the money in my account. I even have a copy. I called the legal dept of the bank and they stated they did not receive anything and to have him send again. I had the courts fax it to the bank to someone I know and actually had her send it to the levy/lien dept herself so I know that they got it. The courts resent as well. That was yesterday at 12:00 pm. I just don't understand what is taking so long. When this happened last time, the # was release in about 3 hours right back into my account. Im off today, so Im sitting here waiting for the banks to open so I can be another annoying customer. But I feel that I have the right to be. Will keep this page updated

[sarasmom61809]

The $ was released- Not the # :o)

[sarasmom61809]

UPDATE on wed Oct 27--- The $ was released back to me by 9 A.M. However, I did take all my paperwork to the (new) judge to prove myself yet again. He wasn't very nice to me at first. As a matter of fact, he was an as@hole before he even stepped out of his chambers. He poked his head out and asked me what I was doing there when my return date was the next day-- I told him That I just wanted to dismiss tomorrows court date because I had everything taken care of-- he just shook his head, rolled his eyes and went back into his chambers-- After he came out, I showed him everything- from soup to nuts--- he went back into his chambers and called the constable/court officer guy-- He came out a new person.. He was nothing but kind to me-- my guess is that the constable had told him he had screwed up a second time... The judge had told me to file a motion to have my name removed from the judgement. He told me to do that last time but the clerks office said that my name would never come off the paper or out of the computer-- that I am forever linked to that case even though I was dismissed with prejudice-- They said that it's pointless to do that because the only thing that they would do is dismiss me -in which I already am... I said that I'm just going to do it because the judge told me so... I don't want to have to go back to that judge and have him say, I told you twice to file a motion and you failed to do that-- So now, I'm in the process of doing that- almost done--- I just hope that this doesn't happen again... Thank you for all of your help (scottgem)

[ScottGem]

Glad to hear it. But I still don't understand why the bank placed the freeze in the first place. Did you get an explanation of that? I would request that your account be flagged so that a freeze can't be placed again on behalf of this case. If the bank won't guarantee that, then take your business elsewhere. There are plenty of banks out there.

And yes, if a judge instructs you to do something then do it. If the clerks tell you its unnecessary or can't be done, refer them back to the judge.

I suspect the judge's change of heart had to do with his really understanding the case. Judges HATE to be reversed. So any action that even hints they did something improper is going to be met extreme skepticism. But when they realize that the court (even if it wasn't them specifically) erred, they will bend over backwards to correct it.

[sarasmom61809]

Hey scott- thanks again for the reply. The reason the bank did go through with it was that my name is still attached to the DC# on the judgement--- However, on the same paper, it states him as the debtor ONLY-- and continues to state his property/assets ONLY--- The bank said because my name is on the form, it comes up on the levy because it's all attached--- I think that I'm going to send the legal department a copy of everything so at least maybe I can be contacted if this is about to happen again. The plaintiff was even made aware that I was in court and was given the right to be there but the girls in the office said she didn't want to be there and that she seemed disinterested of anything that was happening. Now when I file this motion to have my name taken off, she has the right to fight it-- I don't know if she will because I am already dismissed.. It's just such a headache.
As for the courts/ judges ever admitting that they're wrong, their ego would be too hurt. The entire clerks office is pointing the fingers at the constable and his office