Special Request for Lady In Red

[boofrog]

What is the name of your state (only U.S. law)? KY

My "MOTION FOR RELIEF FROM JUDGMENT" is DENIED by the judge-- signed and wrongly dated for the previous year-- September of 2007!?!

How can this be????


The judgment is void due to insufficient pleadings.

* No proof there is a designated law that has been broken that entitles the complaining party to relief
* No proof there is a complaining party that has standing to sue nor that there is a responding party that has standing to be sued
* Not even one witness to the facts



Case History:

On November 3, 2004 a judgment was entered against me for a credit card debt charged against my account by a cousin who incurred debt by charges he made against my account when he could not work due to an eye injury. He made a promise that he would pay! My cousin would not pay up, and now I'm stuck with the judgment and bad credit.

I did not try to pay on this, because I did not make this debt. I could not get him pay, and family feuding ensued! In January of 2004, after months of non-payment, the debt was charged-off by the First National Bank of Omaha.

The judgment was entered against me and a lien placed on my home in the name of FNBO (First National Bank of Omaha) fraudulently by a debt collector attorney from my state. I had no idea how to fight this and was discouraged from several different attorneys about pursuing my cousin for the debt on the basis of an oral oath between him and I.

Since then, I have received several letters from this same debt collecting attorney always signed with the mini-miranda.

Around May of 2007 I sold a vehicle and put this money in my bank account. On July 22, 2007 roughly $10,000 was garnished from my account for this debt that was not even truly mine! On August 10, 2007 I filed an Affidavit to Challenge Non-Wage Garnishment under the sworn statement by my wife and I that the my whole and only source of income is that which I receive from Social Security Disability, VA Pension, and Federal Compensation for my illness and disability. My wife is also 100% disabled but does not receive benefits. By law, these funds and any purchases made with these funds are exempt from any type of attachments, liens, or garnishments under the federal law of the United States Code--20 CFR 404.970, SSR 79-4, and Section 207 of the Social Security Act (Social Security Disability); 20 C.F.R. § 10.423 (Worker's Compensation); 38 U.S.C. § 5301 (VA Pension). This statement was supported by the sworn statement of another attorney who knows my disability and income history.

The case was reviewed, and on October 3, 2007 the judge ordered the Non-Wage Garnishment be set aside and that the Plaintiff refund to us any sums recovered under the contested non-wage garnishment.

Since then, this attorney has sent three more letters indicating his intent to pursue this debt-- with absolutely no legal authority to do so!

In September of 2008 I moved the court for MOTION FOR RELIEF FROM JUDGMENT OR ORDER AND EXPUNGEMENT OR ERASURE OF RESULTING LIEN ON PROPERTY FROM RECORD under my state rules of civil procedure, rule 60(b)(4)-- that the judgment is void and therefore a legal nullity; and rule 60(b)(6)-- any other reason of an extraordinary nature justifying relief.


rule 60(b)(4)-- that the judgment is void and therefore a legal nullity.

The attorney has deprived the court of subject-matter jurisdiction due to insufficient pleadings. He has not even produced one witness to the facts. Sufficiency of pleadings cannot be satisfied without at least one witness to the facts, and he, himself, does not classify as a competent witness for lack of firsthand/personal knowledge of any alleged transactions. He has by no means produced a general ledger statement showing full accounting of the alleged obligation that he is attempting to collect. There was no proof of purchases or charges or any detailed account billing statements, just a single lump sum balance he claims that I owe. He has not shown anything proving his client is the holder in due course for the amount he is trying to collect.


rule 60(b)(6)-- any other reason of an extraordinary nature justifying relief.

By federal law my income is exempt from attachment.


October 2008-- My MOTION FOR RELIEF FROM JUDGMENT is denied by the judge-- signed and wrongly dated for September of 2007! What gives?? Where did I error?

My credit has been absolutely perfect up to this incident, and I have always payed my debts... this is not even truly my debt! This attorney has caused me an unbelievable amount hardship and is illegally, under the name of FNBO, trying to collect something he has no legal right to claim.

What can I do? Can I file any more motions or do I need to file an appeal? Should I have this remanded to federal court and sue him for his fraudulent actions under the Rico Act? He also illegally garnished my wages which are in fact federal wages. Does anyone know of a similar case?