Ex-parte

[cmhutch]

What is the name of your state?What is the name of your state?California, I have a very complicated case so please try to help if anyone can, My case began in 2/02 when I had to file a complaint against my ex-employer for not paying me my last week of pay with the state agency. I was an apartment manager for a property company inc. I won the complaint in 2/03. Before I won though, my ex-employer evicted me from his property right after I filed with the agency I contested but stipulated an aggreement with the attorney for my ex-employer this was in 4/2002. Then 1 year later after I won the labor suit against my ex-employer, of an amount over $6000.00, he filed another suit against me in small claims for 5,000.00 ,I contested that suit to but the small claims judge awarded $2500.00 he split the claim. So now I had 2 contested judgements against me. After I won the labor dispute my ex-employer who had an attorney, was given the same rights as every citizen the right to appeal, he chose not to do this, but he had 15 days to pay the award money or it would go into a judgement, the employer chose not to comply and it went into a final judgement. The state franchise board was the state agency that collected my judgement it took from july 2003 to 4/18/2004 to find and levy his bank account but it was successful, so his bank account for the whole award amount was levied and sent to the state agency for distribution to myself. Right after the account was levied the attorney ,for my ex-employer filed an ex-parte application to offset the equitable judgements order. He contacted the state agency, and ask them to not distribute the money that was levied until he could file this order with the court. The amazing thing is they did that, the state agency would not release my money to me they lied to me and told me that it would be a couple of weeks for the check to clear from the bank. This was 4/19/04 the ex-parte app. wasn't filed until 5/24/04 over a month later. I did not realize that i should have went to the hearing i never even seen any of the papers filed supporting the motion I thought since the state agency was acting on my behalf when they told me to wait and see what the judge says I thought that meant they would be representing me. Then I recieved a document on June 4th stating the judge granted the offset order and that I would only recieve $1000.00 dollars of over $6000.00 I didn't know what else to do but file bankruptcy which I did. The state agency and the lawyer from the employer were served documents explaining the automatic stay and the attorney for my ex-employer were served with notice of the creditors meeting which neither one showed. I was granted a discharge on all my debts including the 2 judgements from my ex-employer. To this day I still have not recieved my money the state agency is still holding it now it has been almost 1 year from the levy by the state franchise board. I believe that the ex-parte application was done inappropriately, I believe the state agency only had 30 days from recieving the levy money to give it to me. And I believe the judge mad a critical error by granted the ex-parte motion in the first place. So here is my question? I need to find a way to allow the judge to vacate the offset order, but I do not know how, do I file a motion to vacate since I do not owe the debt anymore? Or do I file a complaint against the state agency? or do I go back to the bankruptcy court? please if someone can help me it has been a long 4 years and I know to some people $6000.00 is not worth this fight but it is to me I am a single unemployed mother who has been devistated by this justice sytem. And it is the princible of the whole thing my exemployer who came to our country in 1964 to follow the american dream and now spits in our courts face and laughs because he has the money to keep me from getting what he owes me from doing work for him. Please help me or at least try to direct me in the right direction do not let this evil money hungry man win.

I will be grateful to all who can help!

frustrated in Cali

 

[seniorjudge]

I suspect the statutes of limitations has run. That means you can't do anything because you waited too long.

 

[cmhutch]

ex-parte

Thanks for the reply, here is a little more to this case, I just went to court on the 13th of January 2005, regarding the money that the labor board is still holding, the judge asked why neither one of us filed a answer I mean me and the ex-employers attorney to the reuest form the Labor Board, I din't know I had to the Attorney for the Labor Board just told me to be at Court so I was at court. The Labor Board was trying to be released from any responsibility and wanted the courts to take the my money they were holding, and they are only holding, it because my ex employers lawyer, said he would sue them if they released it to me. Even though,I filed bankruptcy and my trustee of my bankruptcy, told the labor board in writng to release my money to me, the labor board still didn't release it . But the courts, denied the request to be release from and responsiblilty. Saying to me and the attorney for my ex employer that we would have to go to the original judge who granted the exparte motion. I thought the attorney for my ex-employer would file something so I could respond appropriately since I am ingnorant of the laws. The attorney for my ex employer still as of today has not file a motion to the courts, so the money is still sitting there. What can I file with the superior court to have the money released to me? Since the money was levied by the state franchise board collecting my back wages, penalties and interest. And can't I explain to the court I did not know the laws? Because thought I was being represented by the Labor Board, who states in the instructions you recieve when you file a claim with them, if you have to go to court and litigate regarding thr case that was heard at the formal hearing with the Labor Commissioner , if you can't afford an attorney they will represent you. So I couldn't afford an attorney and the Labor Board knew that, so I just assumed, ( I know it makes an ass out of u and me) but I did. My mistake, but would a judge take that into consideration? I followed all the laws and went to the right government agency. My ex-employer is filthy rich so for him to have an attorney fighting for $ 6,000.00 dollars is just his way of hurting me because I won in court, and he was caught lying under oath and he was very mad, he thought having an attorney representing him, he would win,even though he knew he was lying but the truth will always prevail and it did and the Labor Board found in my favor. So if you have any idea what I need to do to get my money released ,I would be so grateful, I just do not know where to go from here. I hope I did not confuse you more because believe me I am so confused and trying to explain all the twist and turns is hard. I am trying my best just hang in there and what ever you need cleared up I will due my best. Thanks for your help it is gratefully appreciated from the bottom of my heart!!!!!


Hurt by Justice In Cali:

cmhutch!