FW: PWC JDR Court Judge declares EVERY SINGLE DCSE Order against me back to the beginning in 2001 to be VOID AB INITIO!!!Posted On Saturday, October 11, 2008 at by JTS
I wanted to give you all an update onmy fight against DCSE and their NAZI tactics and void orders.
On Thursday, I was in JDR Court before former Fairfax County Judge Michael Valentine (this guy's got a cool and distinguished resumé) on a Rule to Show Cause for violating a 2005 order — which had been superceded numerous times — but the first order of business was the Demurrer I had filed.
DCSE filed not only a response to the Demurrer, but a motion for sanctions both against me, as well as John Bauserman should he have agreed to argue to the Demurrer on my behalf — which John did quite capably).
Let me preface this by stating I was 100% that Judge Valentine wanted to bury my sorry ass under the Prince William County jail back in February, but I elected to "come current" on DCSE's alleged arrearage prior to the hearing.
On Thursday, I had already prepared a Notice of Appeal (which I think is a good idea for anyone going through a show cause hearing in JDR Court)...but after about 15 minutesof preliminary matters, I had already concluded I wasn't going to need the Notice and I balled it up quietly and placed it beside me on the table.
The sole issue issue we orally argued from the Demurrer was the "non-attorney employee of DCSE" signing legal pleadings — the first they did on my behalf in 2002, which reduced my support obligations for a couple of months retroactively back to the date of filing in 2001. Our argument was that this order — and every single order based on this order were void ab initio on grounds that they were either based on a void order or were void themselves.
While the judge stated that he was in favor on the amended legislation so far as it permits non-attorney employees to practice law by signing these pleadings, he stated that "any first year [law student] would know that the retroactive application of this legislation (which is clearly written into the law) is UNCONSTITUTIONAL.
Ultimately, the Judge sustained my Demurrer and dismissed the Rule to Show Cause. DCSE has 10 days to appeal to Circuit Court...John begged them to do so on my behalf and I ended up laughing my ass off all of the way out of the courtroom...the Judge denied DCSE's motion to reconsider, telling them to take it to Circuit Court.
Needless to say, both John and I were stunned, but we feel that this is the first post-enactment finding on the side AGAINST DCSE and will likely end up again back on the front cover of Virginia Lawyer's Weekly for all attorneys throughout the Commonwealth to read.
What does this mean for me? I think it'll mean an elimination of several thousands of dollars — if not the entire balance of the $13,000 arrearage...should any of you want what is known as the "Briggman defense" in it's complete form, simply email me.
It was a glorious day for non-custodial parents throughout Virginia and could be the beginning of the vacation of 1,000,000 child support orders throughout the Commonwealth.