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  1. #1
    Join Date
    Feb 2007
    Posts
    26

    Angry Motion To Set Aside An Annulment

    Was served a "Motion And Memorandum To Set Aside Default Judgement For Annulment and Order, threw the mail on April 20th and received it the following day.

    Was told by Attorney that because everything according to the law, there was nothing to be concerned with. he would answer the complaint (motion) along with notarized statements, Depositions etc. and all would be fine.

    Was then told that by attorney, had 14 days to respond, yet on the 7th day the judge signed off giving the respondent permission for a hearing.

    The attorney says the YES the judge broke the rule by not giving me the required time to respond. Ask what he is going to do about it, his reply was he wants to do nothing" as no judge wants to hear they broke rules, and that his thoughts are that by pushing the issue, would be ruled against for spite. If so, would appeal the decision.
    Ask him to ask for another Judge, he says its very unlikely it would be granted.
    Told him, its the principal, we did not write the laws, that you and I have to live by them, what makes a judge above it?.

    instructed him to still answer the Respondents motion , he replied that he would give 24 hours to think about it, did and told him to go ahead it. for the past few days, he has been ignoring all calls, Then today spoke to him, told him this is the 14th day and why he hasn't done it yet?

    His reply was.... that because the Judge signed the respondents request (motion) on the 7th day, that there is NO need for the 14 day rule......... IS HE CORRECT?

    He said that if the judge throws it out, then what? said that then we would take it to the Oregon State Supreme court and wait for a ruling. Then all he could tell him was how much it would cost and long it would take, he said from one to two years for the ruling and court. Told him that did not care about either. right is right. Now he may be hard to get along with. wonder why he should care, its all work and money to him.

    Today on the phone he said that before he answers the motion that he is sending an agreement to sign saying that if the judge rejects it, that he will not held liable. would agree to that , but only if he was inside the 14 day rule, or any rule as to not being in default in answering.

    So many people have told him to leave it alone, yet we are putting our trust in these people who have the power to judge and make decisions for us, what are we supposed to do when we see , that they are not following the laws them selves? NOTHING ??

    Usually when someone get served with Divorce etc. they get 30 days to answer.
    Can anyone find for me the ORS Statute which says for sure how many days I have to answer this motion?. As I cannot find it.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Annulment

    What's the point in answering a motion that has already been granted? You might bring a different kind of motion asking the court to reconsider its actions, but the court has already made a decision.

    I don't know what "agreement" you are talking about. Please explain that better.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Annulment

    Quote Quoting Mr. Knowitall
    View Post
    What's the point in answering a motion that has already been granted? You might bring a different kind of motion asking the court to reconsider its actions, but the court has already made a decision.

    I don't know what "agreement" you are talking about. Please explain that better.
    http://www.expertlaw.com/forums/showthread.php?t=23479

    If the poster would stop starting a new thread for every question, people would be able to help better.

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