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  #1  
Old 10-10-2005, 06:00 PM
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Join Date: Oct 2005
Posts: 3

DA to Throw out current SS Order


What is the name of your state? California
I filed an order to stop SS and to reduce child/spousal support arrears. Served my ex. Sheriff claimed she was evading service so I had the forms mailed to her. The Judge agreed it was a legal service and awarded my motion which eliminated the ss (over 1/2 the length of marriage) and reduced child/spousal support arrears from $1000 to 800. The Judge told me to write up the order and wage garnishment and she signed it. I faxed a copy to the DA.
Now the DA calls my work and harasses the Payroll Clerk and says if they don't take out the amount of the original order they will take legal action against the company. When I spoke to the DA he said they were going to file a motion to have my order thrown out because they (the DA) was not notified or served. Now my company is taking out for the original wage assignment even though the lastest is the one the Judge signed when I went to court.
I don't have the money for an attorney or believe me I would get one after all this.
Can the DA do that? Do I have any recourse? Can I see a Judge without filing another motion?
Thanks,

Last edited by weacon; 10-10-2005 at 06:18 PM. Reason: spelling
  #2  
Old 10-10-2005, 08:34 PM
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The case is in Ventura County.
  #3  
Old 10-11-2005, 02:30 AM
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Join Date: Apr 2005
Location: western U.S.
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The current order stands. Notify the judge and see if she upholds it by jumping on the DA's office.

Of course, I could be totally wrong and somehow the DA gets to to the job of enforcement and adjudication, too.
  #4  
Old 10-14-2005, 11:57 AM
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DA Threatened Company with Legal Action


The DA told my company that only they can issue a wage assignment and that the one the Judge signed is no good, so the company is taking 50% of my wages again. Actually it is over 50% today.

I am not sure how to contact the Judge I live 70 miles away from that court. I can't live on that amount, can't pay my rent or food and gas. Best I can figure is that it will never change and I just need to quit my job and do day labor.
  #5  
Old 10-14-2005, 02:40 PM
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Join Date: Apr 2005
Location: western U.S.
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The DA can only follow a court order. Judges issue court orders. Court orders can only be overturned or set aside by other court orders. The DA does NOT have the power or authority to decide which COs he likes or dislikes. The CURRENT CO is in effect and enforceable until the DA challenges it in court.

Find an attny, a DDA from another section, someone in the administrative part of the court system to tell this moron to obey the current order or face losing his job. Or, get back in front of the judge asap. Either way, file a formal complaint aganst the DA.

Unless CA has recently demoted its judges and the DAs run everything.

Last edited by dallas702; 10-15-2005 at 06:25 AM.
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