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About OLSkER

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  1. easy, it appears to be the former of the two you listed. you probably know this but you can claim exemptions that will reduce the amount of "disposable income" they can go after. that's in this section: CODE OF CIVIL PROCEDURE SECTION 706.120-706.129 here's where i found info about the garnishment: CODE OF CIVIL PROCEDURE SECTION 706.050-706.052 706.050. (a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser
  2. Thanks easy. I'd appreciate any/all information. My thinking is that maybe I can get Plaintiff to agree to a smaller amount (they offered a 5k settlement prior to trial) if I appeal. I'm thinking that I tell them that I'm planning to appeal but if I lost on appeal I'm going to be forced to file bankruptcy and they'll get nothing. Just a thought anyway.
  3. Well... you'd be right to be concerned about no immediate update. I lost. Right off the bat i'll say my loss is most likely (if not definitely) due to a SERIOUS strategic error i made when i was put on the spot by the judge. I arrived at court an hour early and went over my papers until the clerk opened up the courtroom and let everyone in (there were quite a few other matters that were heard before our case). The first issue that was brought up by the rent-a-lawyer was the fact that she only received a copy of my MIL the day prior and as such was unable to have enough time to prepar
  4. Thanks for the positive ju-ju! Hopefully I'll have a good news post for y'all tomorrow! Not only did I make them a copy of all of the documents (which I'll hand to them tomorrow), I also emailed their lead counsel @5 this morning when I finished putting them together. Then, later during the day, I called and left a message to make sure they were received. Plaintiff emailed me back "documents were received". I've printed out the email for tomorrow as well. Trial in 11 1/2hrs. It's go time baby!!!
  5. Thanks all! Trial Brief, MIL and Dec in Support w/ Exhibits all filed today with the Court (including courtesy copies for the judge). I'm super nervous about tomorrow but will do my best to project confidence and a winning attitude. The opening? You mean I should prepare a statement? I was just thinking I'd recap what I've written in the Brief--sound ok? Really I was just hoping to object to everything Plaintiff plans to offer and hope that none of it gets in. What would a worst case scenario look like? How should I prepare for this? (sh*t I'm rambling now b/c I'm nervous... bett
  6. MIL done! Declaration in Support of MIL done! Declaration RE Diligence signed by my lovely process server and done! Now, it's just the Trial Brief, a short night sleep and a long drive back to the bay. Trial in 32 hrs. I'll keep updating and let y'all know how I fair on Judgement Day (literally!). Send me good vibes ppls!!! A win for someone as unprepared as me, at such a late date, is a win for this community... A loss? Well, I'll take full responsibility for that!
  7. You're awesome Seadragon! I would send you my info but I really haven't even started writing yet. I have family in town right now and am having difficulty getting away, even for a moment. My plan is to knock this all out tomorrow in the afternoon after they leave. Really friggin bad timing right...? Local rules and judges order required MILs and Briefs be filed 5 days before the last CMC which was Tuesday. Plaintiff, of course, filed theirs on Wednesday (well after the deadline). From what some others have said on this forum, judges sometimes don't stick to their previous requirements
  8. This is a good suggestion but I won't be done with my papers until Sunday evening...
  9. That would be awesome but don't go through any special trouble. I've located a couple of generic ones from the internets. =) As for the POS, I'm thinking I'll email the attorney of record my MIL and Brief and bring a copy of the email to court to show the judge. Sound good ya think? I want to be able to show that I'm continuing to be reasonable despite all the nefarious JDB dealings...
  10. Does anyone know if I need to file a Proof of Service for my MIL and Brief? I suspect the answer is yes but I won't be filing until Monday for court on Tuesday which means service by mail would be ineffectual... Also, still looking for a Declaration of Due Diligence for my trusty process server to sign... This board is awesome, as are the people who frequent it.
  11. PM'd you. Just FYI, I believe based on what I've read here and elsewhere that the witness cannot have someone accept a subpoena on their behalf. The subpoena must be personally served.
  12. Thanks for clearing that up. I think I'll do both!!
  13. Subpoena service attempted with no luck. GF will try again tomorrow (twice) and in the end we'll get a fun weekend in SF outta the deal. I'm gonna put together my MIL, DEC and Brief over this weekend and file on Monday. Wish me luck all!! Trial is on TUESDAY and I'm sweatin' a bit... Thx for the link to this. I spoke with an attorney friend of mine and he indicated it's usually best to keep these things brief (forgive the pun) b/c the judges are busy and might not fully read through the arguments--a sad state of affairs I know... I'm going to try and hit the nail(s) on the head: 1.
  14. Thank you both--and the rest of this awesome community for the information and support. I feel really overwhelmed and you guys/gals are making this process tolerable to say the least. I'll be writing my MIL and Brief over the weekend and will file them both with the courts Monday morning when I'm back in the bay area. Suggestions for whose MIL and Brief I should work with? Clearly my facts will be different than everybody else's. I'm just looking for a good, to-the-point, starting point. Thanks again everybody!
  15. I'm looking now but not finding anything on the website...