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About oakenshield

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  1. local rules state that all motions filed will be placed on the motion docket, "on call of the motion docket, the court shall either rule on the motion, set it for a day to be heard, or continue it to the following motion day." I recieved no ruling on my motion, and no date was set for a hearing.... so it's either been continued indefinitely or I got screwed somewhere. also if i call for it to be set aside I will cite professional misconduct on the part of their attorney from the KY Bar Association code of ethics not CR 60.02: SCR 3.130(3.3) “(a) A lawyer shall not knowingly: (1) … fail to cor
  2. I recieved a copy of the default judgment today. It reads: "This cause having come for hearing upon Motion of the Plaintiff for a Default Judgment herin, and it appearing to the Court that the Defendant, having been duly summoned, has failed to answer or otherwise plead within the time prescribed by law, and appearing from the Affidavit filed in support of Plaintiff's Motion that the Defendant is not in the military service of the United States. It is Ordered and Adjudged..." This document was drawn up and presented to the judge by Midland's lawyer. And the judge apparently just signed it.
  3. Oh, by the way I successfully filed a chapter 7 pro se several years ago so I am not entirely new to this stuff... I might have erred by not responding to their motion for default judgment with a motion to check your mailbox and go to hell, but the court erred by completely ignoring my motion.
  4. The clerk I talked to said there was no hearing, no date set, the judge just signed off on their request for default judgment. That is why I am filing a motion to set aside the default judgment. I was ready and waiting to be notified about a hearing... waiting... and then I find out about the default judgment 45 days after the fact. In summary, 1. they filed a complaint 2. I answered with a motion to dismiss siting valid legal arguments that would demand a hearing. 3. They filed a motion for default judgment stating that I never responded. 4. The judge (apparently not looking an furt
  5. I added this to my yet to be finalized filing. I may need to weed out some stuff. Do judges despise long filings? 7. Plaintiff’s Complaint failed to prove that the Defendant owed the debt; No documents bearing the signature of the Defendant were produced. 8. Pursuant to KRS 371.050 Assignee to aver consideration -- Amount recoverable. “In an action on any assignment of writing, the consideration for the assignment shall be averred. The plaintiff shall recover no more than the consideration actually paid by him for the note or assignment.” Plaintiff is a Junk debt buyer. Plaintiff’s Complain
  6. On January 8th I was served by Midland Funding who filed a Complaint against me for alleged credit card debt that they purchased. I responded with the following. REQUEST FOR DISMISSAL OF COMPLAINT Comes now the Defendant, xxxxxxxxx, pro se, and files this request for dismissal of complaint as follows: 1. The complaint fails to state a claim against defendant upon which relief can be granted. Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 2. Defendant received the Plaintiff's Complaint on or about Ja