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copperarab

:( Best way to lose?

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I have been worried about this all along, playing as my defendant daughter.

The opposing turd has set a Hearing (same time as the scheduling conf) this June 30, on his Motion to Compel me.

I talked to my daughter today about this and she fell apart crying. She has too much on her plate: fired twice this week from her job (and rehired), about to be evicted, infected tooth with no insurance, car tranny acting up, etc..there is no way she can focus to learn what she needs to do at the Hearing, nor is she in her right mind to even listen.

HOW do we bow out gracefully? My playing 'lawyer' has really racked up the attorney fees that will be added to the original debt.

Suggestions please?

Thank you

:cry:

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Awwww {{{Lisa}}}, I really hate to see you give up now. :( However, I realize you can't do it without your daughter's cooperation and if she's not up to it then she's not up to it. Any chance that she'll feel stronger in a few days?

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Don't know about all that....but you and I have our hearings on the same day in the same court room. What time??

If nothing else, I can be there for moral support. :D

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Awwww {{{Lisa}}}, I really hate to see you give up now. :( However, I realize you can't do it without your daughter's cooperation and if she's not up to it then she's not up to it. Any chance that she'll feel stronger in a few days?

Hey breathing....My daughters life has been falling apart for the past 2 years..some ups..lots of downs.. She is such an emotional wreck that we all worry about her {suicide}

It would take quite some time to explain to her how a lawsuit works and what has been filed and why. I can hardly get her to sit and listen to me explain what her daughter (my granddaughter) has been up to during the week as Amanda doesnt come see her as much as she use to.

After 4 months of hard work..just to see it go down the tubes...

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Don't know about all that....but you and I have our hearings on the same day in the same court room. What time??

If nothing else, I can be there for moral support. :D

Hey CM!! The Hearing is at 10:30 am...

I am wanting to know what is the best way to go from here.

Write a letter to the attorney? Believe me, this turd wouldnt go for any pay agreement as he has already told me he WANTS HIS MONEY...

Not show for the Hearing? Thats an instant Default...With ALL debt/fees/etc added in..

File the Opposition anyways and bring a copy to the courthouse on 6/30? This would be if I could GET her to even go, and even if she did go, there will be others afterwards (pre-trial etc) She cannot emotionally/mentally cope with this.

Right now my daughter cannot pay her rent nor barely buy food. She has been eating at my house, her sisters house, mooching free meals at work, friends buying her dinner, etc.. She has an old mattress, a tv on a cardboard box, 1 folding chair, and 1 old lamp for furniture in her apt. that is it. Everything she use to have she left behind at her ex's and he refused to ever give anything back (mostly furniture I gave her 2 years ago)

The kid is really a walking zombie..

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After 4 months of hard work..just to see it go down the tubes...
I know, I know... I really feel for your daughter as it sounds as if she's suffering from severe depression. However, I feel for you, too. You're not only a concerned mother who is worried sick about her daughter, but you are also stressed about this lawsuit. We throw the term "sue" around here sometimes like it's a walk in the park, and it's not. It can be upsetting, stressful, nervewracking, frustrating...you've been through it all. Not to mention running around after a two-year-old! I hope this isn't too personal...but is your daughter on any type of anti-depressant?

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After 4 months of hard work..just to see it go down the tubes...
I know, I know... I really feel for your daughter as it sounds as if she's suffering from severe depression. However, I feel for you, too. You're not only a concerned mother who is worried sick about her daughter, but you are also stressed about this lawsuit. We throw the term "sue" around here sometimes like it's a walk in the park, and it's not. It can be upsetting, stressful, nervewracking, frustrating...you've been through it all. Not to mention running around after a two-year-old! I hope this isn't too personal...but is your daughter on any type of anti-depressant?

No, unfortunately she isn't on any meds, she cannot afford them. She has teeth breaking off in her mouth, her eyes glasses are very old (she wears bi-focals) and doesnt take care of her health. When she was still on our insurance she use to refuse to get medical help then. I have found a few places here in Tulsa that are for the poor and uninsured, but she hasnt even made an effort to call and fill out the needed forms.

On a GOOD note, my oldest daughter, Tasha, is having the baby boy today!! :D

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Don't really know what the best course of action might be considering her inability to assist you. She sounds quite judgement-proof, however (hoping that you don't share any liability in any of this). It appears that the bunch at Tulsa Adj. are very aggressive and seem to move quickly for a 'hearing on assets' - much like the att'y that handles Discover card lawsuits here in OKC.

If she does lose, sounds like her only asset is her paycheck. Don't know how much she makes, but she may even be exempt from garnishment, and if not, she can always change jobs as necessary.

It's not the end of the world - just hope you're not on the string for any of it...

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Ya know, I have no idea what to tell you about this one. I don't know if you can speak for her or not...so don't know where to stand on this one.

Both of my hearings are also at 10:30, though, so I'll be there with you. (Strange, huh?!?)

:( I'm sorry I don't know what to say.

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No, unfortunately she isn't on any meds, she cannot afford them.
I'm no psychiatrist, but your daughter exhibits all the signs of clinical depression. It's a Catch-22; she most likely needs meds to treat the depression so that she can become healthy enough to make good decisions, such as medical care (including mental health care). I'm glad that at least your pal Chase will be there with you in court, whatever you decide to do.
On a GOOD note, my oldest daughter, Tasha, is having the baby boy today!!
Congrats on the new grandbaby boy!! Is this your first grandson?

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Copper, Of course each court and state are going to be different. But I would bet you can get a Power of Attorney to handle these matters for her in her stead.

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Copper, Of course each court and state are going to be different. But I would bet you can get a Power of Attorney to handle these matters for her in her stead.

I will look into this on monday (P.O.A) but I bet you anything the opposing turd would have to agree on it..grrrrr...

Breathing....this is my 3rd grandchild (the two granddaughters are 4 & 2) and first grandson. I come from a family of eight girls (no boys) plus have 3 daughters of my own...

We keep joking of "what do you feed a boy?" LOL!! The only bad catch, really, is his name. Daughter loves music/bands and married a drummer in an up-and-coming band here (they are releasing their first cd soon) so the kid got his name from different singers etc...

get this: Corgan Star

I hope he doesnt end up a nerd or athlete with a name like that!

Thanks everyone for the input!! Much appreciated!

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Opposing counsel never has to agree to a POA. They're basic documents.

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Hey Xan..I cannot get your link to pull anything up, even if I recopy and paste it

:cry:

Okay..so what do I DO with a P.O.A? Do I have to make a request to the court? Do I just show up and speak at the Hearing?

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Hereit is minus the formatting...

____________________________________________________________

POWER OF ATTORNEY

1. I, (put your full name here)

(full address)

Being of sound mind and legal capacity, do hereby appoint

(your name)

(your full address)

As my true and lawful attorney in fact, to act for me in name, place, and stead, and on my behalf to do and perform the following:

a. To conduct disputes with Experian regarding alleged debt(s) reported by Experian

b. To initiate, defend, and settle legal claims and lawsuits and to give releases and indemnities from liability

c. To communicate as my voice with Experian, their employees, subsidiaries, assignees, heirs, executors, lawyers etc. regarding the alleged debt and any Complaints or Lawsuits which may be filed on my behalf

d. To negotiate and execute all documents between myself and Experian.

e. To speak on my behalf at any Court or mediation proceedings, meetings or other legal proceedings to which myself and Experian are parties.

2. This Power of Attorney shall be effective on the 13th of August, 2004

3. This Power of Attorney shall remain in effect in the event that I should become or be declared disabled, incapacitated or incompetent.

4. This Power of Attorney shall terminate on the date of the 13th of August, 2006.

5. This Power of Attorney shall be governed by the laws of the State of Oregon

In Witness Whereof, I have signed this Power of Attorney of my own free will

____________________________________

Her full name

____________________________________

Date

Agreed to and Accepted by:

____________________________________

Agent’s signature

______________________________________

Date

Subscribed and Sworn to before me this _____ day of _______, 2004

______________________________________

Notary

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You know, something just occurred to me--you're stating that up until now you've been operating without a POA....

Then how in the hell has the opposing attorney been communicating with you all this time? If he wasn't presented a POA, and you aren't your daughter's legal guardian (unlikely since she's an adult now)....he's not allowed to discuss the case with you.

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Never assume anyone who is able to work and healthy is judgment-proof! The reason people with no assets get sued is that someday they may be able to pay. They know people will want cars and mortgages, so they sue and pray for the best! Judgments get people to pay. Your daughter should weigh a Chapter 7. Sometimes it's really the best way to go! The alternative is many years of credit hell!

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You know, something just occurred to me--you're stating that up until now you've been operating without a POA....

Then how in the hell has the opposing attorney been communicating with you all this time? If he wasn't presented a POA, and you aren't your daughter's legal guardian (unlikely since she's an adult now)....he's not allowed to discuss the case with you.

Geesh, you WOULD have to ask this question Xan... Well my daughter spoke to the opposing att. in person back in the beginning when they bumped into each other in the clerks office. I was the one who called the judges clerk twice and called the opposing att. 'as my daughter'. Most of the communication has only been by mail.

Yes I know this was legally wrong. IF he was to find out, what would happen?

Should I still do a P.O.A, and if so, do I send one to him and one to the court? Is a simple notary seal all we need?

Thanks Gadsby, Radio and ghacorp for your help.

Chasey, the bands name is ROOK

www.rookrocks.com

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I am still wondering about the P.O.A. IF I can get my daughter to court this coming week, do we just present it to the judge? Or should we file it with the clerk before the Hearing on Thurs?

My daughter was fired this past week and is thinking of splitting to FL for a while..tho I dont think her car will make it. :cry:

Should I still file the Opposition to his Motion to Compel?

What about Sanctions?

So many questions..so little time!

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