My husband has been involved with a child support case in Arkansas for many many years.It was permanently assigned to OCSE in 1996 until the ex closed the case in 1999 in the middle of the trial which started in 1998. ( We have lived in T...
My husband has been involved with a child support case in Arkansas for many many years.It was permanently assigned to OCSE in 1996 until the ex closed the case in 1999 in the middle of the trial which started in 1998. ( We have lived in Tennessee for 23 years) His 2 children are now 29 and 33 years old with 3 children of their own. He got a $14,300 child support judgment back in 1986 which according to an Arkansas Child Support Document shows this was paid off in Nov 1993 yet Arkansas OCSE "forgot" to file a satisfaction. His ex in 1999 found out that it was not recorded as paid off and she then closed the case with OCSE and went to an attorney who has represented her for years and is very powerful in Arkansas. They made up numbers which my husband denied owing in court and then her attorney along with our attorney signed a waiver for the first day of trial not be transcribed. The transcriptionist was there transcribing but denies being there. She even smiled and spoke to us that day!! We did not know about this waiver until after the court when we found it at the courthouse.(It is now stamped as if it was filed before the first morning of the trial.When we first found it it was not stamped as filed.This waiver date is the day that we denied owing anything else so he had to dispose of it! ) This waiver helped to deny us of our due process of an appeal. Then this opposing attorney typed up an order and had the judge sign it stating that the plaintiff and defendant through their attorneys agree that my husband owes over $40,800 in arrearages from this $14,340 1986 judgment that we have all of our cancelled checks to prove has been paid off!! The attorneys did not sign this order but it was "stamped" only with the judges signature! There was NEVER an agreement by the parties!.( We DO have a letter that this attorney wrote the judge saying he did not think our attorney would sign it yet it was filed with the judges signature the next day! We were ordered to pay $5,000 lump sum to the ex or for my husband to spend 6 months in jail! We went and borrowed the $5000 to keep him from having to go to jail. We then went and got a new attorney to file our appeal even though we only had the last day of the trial because the first day had been destroyed (due to the waiver the attorneys had signed.) The new attorney said he had never heard of the ex`s attorney. This new attorney then filed our appeal a day late and sent us a letter saying the appelant court threw it out because it was late! We filed a complaint on this new attorney . The ex`s attorney (who had recently served as chairman of the Ethics committee) wrote a letter on the new attorneys behalf concerning our complaint and the committee only gave him a warning!!! ( This new attorney then said the ex`s attorney had been a family friiend for years! ) We continued paying ex $300 month but we realized that we were approx $13,000 overpaid and my husband became very ill so we stopped paying in March 2005. Then in 2006 they took my husband back into court and they got a judge to have an expideted hearing in a little room in the courthouse. They called it Circuit Court but Circuit Court was being held upstairs by a lady judge and our court was the only one being held in that little room. The judge (chosen by her attorney) drove from out of town just to hear our case. When spectators came in they were immediately sent out.. The judge refused to look at our proof of payments and just said all we had was a paper from OCSE and they had a paper showing what we actually owed! It was figured by a man who had his accountant license taken away and was sent to prison several years ago for money laundering! He had been the ex wife`s boyfriend for years and has been a car salesman since getting out of prison. All of these people knew this was totally fraud yet the judge ruled that my husband could pay a lump sum of $15,000 plus at least $500 month until this fraudulant $48,000 was paid off or spend 6 months in jail! He wanted us to report back to the Court about a month later with the $15,000 or my husband to come prepared to stay in jail. We tried getting to the courthouse on court day even though we did not have the $15,000 and had no possible way of getting it. We were worried about having the gas money to get there. Our car started running hot and we turned around and e-mailed our attorney telling her our circumstances. She went on to court for us. The judge then ordered the $48,000 plus $1000 to her attorney to be paid in a lump sum or my husband go to jail!! (We had already paid our attorney $7400., which we had to borrow, and were totally broke!) We do not even have $48.00 much less $48,000!! We have absolutely no way to get this kind of money. We have been in real estate for 20 years and houses are just not selling!! Our grown daughter is bringing us food for survival and she is on government assistance trying to raise 3 kids on her own. In our testimony we told the judge about us losing our Real Estate building to foreclosure (where we have run our company for 16 years), We also told about having our car and van being repossessed. We are having to borrow an old 1990 car from my brother. He has taped the back glass in with wide black tape and if it rains we just get wet. It has huge hail damage ALL over it and the top is severly torn all over. The paint is coming off on all four sides and of course it has no air. We have no retirement or health insurance. His ex has a great retirement, good health insurance and a good income at a college where she has worked for years. She drives a nice like new car, wears designer clothes,and lives in one of Blytheville`s most exclusive neighborhoods. She takes a vacation at least every year. We have not had a vacation in 14 years!! Never in all of these years has any financial means EVER been shown. We do not even have the money to pay our bills each month and we have not bought any clothes in several years. We are considering filing a chapter 7 bankruptcy because we have absolutely $0 equity in anything. We are totally broke! We appealed our case to the Arkansas Court of Appeals and they affirmed the case June 25th 2008 . We cannot prove it but it is our belief that the ex`s attorney somehow did the same thing he did with the judge in 1999 and showed the folks at the appellant court (which he knew well) these fake documents as if we owed this money. If my husband goes to jail or if they garnish his check I will lose my home of 23 years to foreclosure and even though it has no equity it is still home and it`s all I have now. My husband recently got a job working in a restaurant making about $300.UNDER enough each month to pay our bills. The ex wife has told their children that she knows this case is illegal but the courts has said she can get this money and she WILL get it or my husband WILL go to jail!! We sent approx $8400 directly to her one year (as requested by her attorney) which she never reported to OCSE and the $5000 we paid for the purge in 1999 was also never reported to OCSE. I sent copies of these cancelled checks along with a copy of the cashiers check for $5000 to Little Rock OCSE but they were never recorded in our file there. We also have a "certified" copy from Little Rock OCSE from several years ago where all of our checks were not shown!! It does not even match their printout! The Blytheville Courthouse does NOT show the $5000 in their printout of what`s been paid even though it was paid to them (and they STILL show a $0 balance without these payments) If it had been recorded it would show us being overpaid! They did make a note of the $5000 in the docket book. If they had just those payments to ex with the $5000 alone recorded we would be $13,000 overpaid in their records! The ex`s attorney has now filed a document in our file in the courthouse as if it came from OCSE with these fake figures being owed! Blytheville OCSE as well as Little Rock now say they have nothing in our file because the case has been closed .They can only give a payment history (which does not show all checks) and which does not give a balance at all ! If only they had filed this satisfaction in Nov 1993 when it was paid off we would not have lost everything and we would not be going through this awful nightmare!! Her attorney is so powerful that he can get away with all of this theft and fraud and get others to conspire with him to pull off this extortion. He is so powerful that nobody will go against him in Arkansas so we HAVE to get it before the federal people so that we can prove this fraud!! Her attorney even somehow got my personal & company tax return years ago without my knowledge. (It was for a year that I was not even married to my husband until Oct that year!) How he got it is beyond me but I have had identity theft ever since! We just need someone federally to audit this child support case so that this terrible mess can be resolved proving we do not owe this money so we can go on with our life and my husband will not have to fear jail or garnishment for this money that we do not owe. Isn`t this what is called debtors prison--when you are forced to go to jail if you cannot pay a fraudulant debt? If we were to have to pay what`s been ordered we would be paying about $100,000 (counting what we have already paid and what is now ordered) for this $14,300 judgement from 1986.! Anyone should be able to tell that on a $14,300 judgment at 10% interest for 22 years ,even if we had paid nothing-- (which we have paid $39,600 on)--this $48,000 additional amount as just affirmed by the Court Of Appeals is totally impossible!! I`m just thankful we have ALL of our cancelled checks to prove our innocence! We do not have any more money we can use for an attorney. Folks in Arkansas will not help us because of the power of this ex`s attorney who has held several important offices in the state. We first met our most recent attorney in the courthouse just a few minutes before our trial (This is the one who filed our appeal). Even though we paid her $7300 and she has billed us for over $4000 more she was always too busy to sit down with us. To this day she has NEVER had a sit down meeting with us. We have no idea what her personal office looks like! We did first talk to her father who is also an attorney and he immediately turned it over to her. She only used the records from the files at the courthouse which is the very fraud we were fighting against! We left our cancelled checks as our proof of payment with the secretary at her office but never saw the attorney there.The only correspondance we have had with her was every few months she would e-mail us or text message us (most of the time around midnight). We would go for months wondering what was going on! We did not have any idea what she filed with the Court of Appeals until after she had it filed. We were then VERY shocked from the things she did not mention! It was as if she had never been to our trial and did not know what the case was even about!! (Could she have possibly got into the scam with them???) We found our Court Of Appeals affirmed case on the internet and we e-mailed her that we found it but we have STILL not heard a thing back from her. We have absolutely nobody to help us now since we are broke! I do not expect to hear anything from you on this either because I know of the fear people have when it is this many important Arkansas Officials involved in a case like this. (There are at least 15 well known Arkansas officials involved) but I know it is long and I really do appreciate you taking the time to read it. I am not just another crazy person with another crazy story. This case has cost me my entire life. It has caused us to lose all confidence in our judicial system. It is my belief that this case should be given strict attention just as Paula Casey did in 1998 on an Arkansas Child Support case when she brought down several important people in Arkansas. It should become a case that is well known in Arkansas Corruption. We are in contact with the media and several other important people and organizations.and will not give up until something is done!Your attention or any suggestions would be greatly appreciated! Sam N Johns OCSE case # 027080360 and 001 1597699001 Arkansas Case # E-81-308 Arkansas Appeal Court # CA-07-1036 Our phone # is 1-731-664-5209 Our e-mail is realworld11@jaxnet.net
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