Quality Insurance Solutions » clerk

How to ask for written opinion

jedwan — Wed, 30 Jun 2010 12:55:17 +0000

I appealed a Final order of dissolution on the basis that due process was denied. I was prevented from calling witnesses and my lawyer was denied a continuance to prepare. He was hired ten hours before the final hearing. I do not currently have an attorney. Shared parental responsibility was denied and supervised visitation was ordered without cause. In addition, she was awarded attorney fees without financial affidavits or testimony and she has consistently interfered with the father-son relationship. They also gave her all my property after 18 months of marriage. The need for transcript was waived by the District Court of Appeals and the record was delayed until after the briefs were filed because the Clerk of Court failed to follow the rules. As all the case law is on my side, I want to further appeal it. The local District Court of Appeal entered “Per curiam affirmed” meaning that my appeal was denied. Now I want to get a written opinion as to why. Since the precedent was solidly in my (and my son’s) favor, I am guessing it must be because of a technicality.
Question: Do I need to file a Motion for Rehearing, or Clarification or Certification or all the above? Can they be combined? Do I need to reintroduce the case precedents in the motion?

Child Support – Service of Process

jedwan — Wed, 21 Apr 2010 20:57:42 +0000

I filed an application for child support services with the Department of Revenue in Orange County, Florida, in October of 2009. My case falls under paternity because my ex is not listed on my son’s birth certificate.

My case was turned over to the county’s legal team in February, and the case was filed in court. At the time the case was filed, my ex’s last name was entered into the system incorrectly. There was an assigned attorney listed on my case with a phone number, so I contacted her office to address the misspelled name and was told to take the issue up with the Clerk of Court by whoever answered the phone. I have sent a letter to the Clerk of Court to address the name issue but have not heard anything back yet.

On 2/12/2010, a summons was issued for my ex. It came back as unserved on 4/14/2010. My ex works a job with unusual hours. I know all the information on him – times and where he works, when he’ll be home, etc, but because I don’t interact with anyone regarding my case, I haven’t had a chance to share this information other than where he works.

I understand that an alias summons will be issued in a few months. However, my ex is moving right around that time, and I am afraid that the alias summons will go unserved as well.

My questions are:
1 – What, if anything, can I do to help this process along?
2 – Can I hire a process server myself even though the case is being handled by the county?
3 – What happens if the alias summons and additional summons are unserved? Will my case eventually be dismissed if they cannot serve my ex?
4 – Could the last name being spelled wrong have anything to do with the summons being returned unserved? (The online record system has no information other than it was unserved.)

Thank you for all your help.

ongoing saga with equifax, will they fix this?

jedwan — Fri, 12 Mar 2010 09:37:26 +0000

I had a federal tax lien on my Equifax credit report. The lien was satisfied and released in 1999.

The lien that was filed originally was a “Self Releasing Lien” which means that on the face of the lien it said if it was not refiled by x/x/1999 that the lien itself would serve as its own release.

I am buying a house and noticed that on my Equifax report, the only thing listed there was that the lien was filed but no release date. Understandable since the IRS did not report that the lien was released to the clerk or the bureaus.

My lender suggested that we get a Certificate of Release of Lien from the IRS, file it with the city clerk so that it would be on the public record that the lien was released.

So we did that, filed it and the public records were updated within a few days. The date the Certifiate was filed by us in the clerk’s office was March 2010, but the actual release date of the lien itself was 1999.

We opened a dispute with EQ saying that this lien was released. Today I got a notice that their investigation is complete and when I looked at the results, I see that they have noted on my report that the lien was released 3/10/2010.

That is incorrect. If I call them up will they fix it on the spot or is there a fax number I can send information to to get this handled quickly.

Our application for the garden apartment that we are buying will be investigated by the home association and I do not want them to think that we just had a lien released this month.

This is so incredibly stressful. Thanks for any advice.

Can Respondent submit a motion to dismiss a Protective Order?

jedwan — Mon, 08 Mar 2010 13:53:02 +0000

I would like to know can the respondent/defendant motion for a protective order to be dismissed in Georgia. I was told by the Clerk of Courts the Petitioner is the only one can motion for dismissal. The Respondent can’t communicate with the Petitioner due to the Protective Order in place. What can be done so I can get on with my life as she has?

Lis Pendens Threaten To Foreclose

jedwan — Wed, 10 Feb 2010 00:53:03 +0000

We’ve just been served ‘lis pendens, complaint, threaten to foreclose for past hoa fees, plus legal fees less than $2k. Have to respond with 20 days either to the clerk of court or lawyers suing. It’s been financial hardship for three years, in and out of foreclosure with mortgages, finally bailed out of foreclosure, only to receive another summons.

Anyway, if we tell our story and request monthly payments until paid off, will the court deem this as acceptance and proceed with foreclosure suit or would they look at it as a means of settlement?

Oh by the way, we’re asking here because we can’t afford a lawyer, just in case you would say get a lawyer..

Thanks again…