Extend Response Time Legally
Summary
You can request an extension of time to respond to a lawsuit under the ADA if you have a disability. To challenge a default judgment, consider filing a motion under Rule 60(b)(4) for void judgments due to lack of service. If you suspect fraudulent transfers, gather evidence and consult an attorney. For FDCPA violations, report to the CFPB and Massachusetts Board of Bar Overseers. If denied an appeal, file a Petition for Review with the appeals court, citing abuse of discretion.Full Conversation
I must respond to a summons to * Court street, Taunton MA * in 20 days I need more time to respond to the lawsuit .But first I recieved a default judgment in * for not attending a lawsuit as an advisiry proceeding was filed by the trusttee in bankruptcy court claiming that seeking avoidance of cash transfers, fraudulent transfers, property transfers and to recover the value therof that I am now getting sued to pay. First I do not recall getting served in *. Second, theses claims are false. I nevr took part in any fraudlent conveyance. 3rd, At that time
You may consider filing a motion to vacate the default judgment based on Rule *(b)(*) for void judgments due to lack of service. Here are some key points:
- Rule *(b)(*) allows you to challenge a judgment if the court lacked jurisdiction (e.g., improper service).
- Gather evidence supporting your claim of not being served.
- Prepare an affidavit detailing why the default judgment is void.
Would you like more details on how to file this motion?
- Rule *(b)(*) allows you to challenge a judgment if the court lacked jurisdiction (e.g., improper service).
- Gather evidence supporting your claim of not being served.
- Prepare an affidavit detailing why the default judgment is void.
Would you like more details on how to file this motion?
James cronan (former husband) who is also getting sued and me were represented by our long term CPA Ralph Grieco who was responsible for James's filings in this case. Theis financial adviosr decieved the court by making false promises to James to move from Chapter * to chapter * therby to relinguish your sole ownership to * Foountain Street , a valuable commercial property let it go up for sale the advisor and James Tiernan will buy it and then put James' name back on the title. James relied on this promise went to chapter * and the building
You may have grounds to file a motion to dismiss for failure to join necessary parties under Rule * of the Federal Rules of Civil Procedure. This rule requires all parties with an interest in the action to be joined if feasible. Consult with an attorney to discuss how to file this motion and gather any necessary evidence.
Would you like more information on how to proceed with filing this motion?
Would you like more information on how to proceed with filing this motion?
was transferred to the advisor and Mr. Tiernan. They didi not put his name back on it. Rather they used the e3xcuse that the advisory proceeding would some how hinder their business. Then they thre James out of their partnership vai an illegal self help eviction. They got a million dollar buislding for $*,* so they stole from the bankruptcy esate. I relaize that I could file a motion Rule *(b)(*). I want your thoughts before I talk with an attorney. Can I file a motion to dismiss becuase not all interested parties have joined? The advior must be joined.
You may have strong grounds to challenge the default judgment and seek dismissal due to procedural issues. Here are some steps to consider:
- Motion to Vacate: File a motion under Rule *(b)(*) if you weren't properly served.
- Motion to Dismiss: File a motion under Rule * for failure to join necessary parties.
Would you need details on how to file these motions?
- Motion to Vacate: File a motion under Rule *(b)(*) if you weren't properly served.
- Motion to Dismiss: File a motion under Rule * for failure to join necessary parties.
Would you need details on how to file these motions?
What if i am wrong and i was served in *. I dont remeber getting the summons though. Can I ask for discovery to see proof of swervices?
You can request discovery to obtain proof of service from *. This includes asking for any documents showing you were properly served. You might also consider filing a motion to vacate the judgment if you believe you were not served correctly.
Would you like more details on how to request discovery or file the motion?
Would you like more details on how to request discovery or file the motion?
Becuase james is being sued for this judgment now and the summons states that i must file ansers to the complaint or counterclaims is this just on the defalt judgment or can i dispute the substantive claims of the advisiary pleading due to fraud on the court, ?
You can dispute the substantive claims of the adversary pleading due to fraud on the court. Additionally, you can request discovery to see proof of service from *. This will help you determine if the default judgment was properly served.
Would you like more information on how to request discovery or challenge the judgment?
Would you like more information on how to request discovery or challenge the judgment?
I want to request discovery , challenge the judgement. In addition i want to reguest for accomadations for more time given my disability.
To proceed, you might consider the following steps:
- Request Discovery: File a motion requesting discovery to obtain proof of service from *.
- Challenge Judgment: File a motion under Rule *(b)(*) for void judgments due to lack of jurisdiction.
- Request Accommodations: File a motion requesting an extension of time due to your disability, citing the Americans with Disabilities Act.
Would you like more details on how to file these motions?
- Request Discovery: File a motion requesting discovery to obtain proof of service from *.
- Challenge Judgment: File a motion under Rule *(b)(*) for void judgments due to lack of jurisdiction.
- Request Accommodations: File a motion requesting an extension of time due to your disability, citing the Americans with Disabilities Act.
Would you like more details on how to file these motions?
Im confused - the default notice means that the case has been closed. So under rule * fruad on the court I must show prima fcie evidence of fruad on the court. Right? when would I do that?
You can file a motion under Rule *(b)(*) for fraud on the court, showing prima facie evidence of fraud. Here are the steps you could follow:
- Gather Evidence: Collect evidence supporting the fraud claims.
- File Motion: File the motion with the court, detailing the fraud and presenting your evidence.
Would you like more information on gathering evidence for your motion?
- Gather Evidence: Collect evidence supporting the fraud claims.
- File Motion: File the motion with the court, detailing the fraud and presenting your evidence.
Would you like more information on gathering evidence for your motion?
see above
You are correct that under Rule *(b)(*) to challenge a judgment based on fraud, you need to provide prima facie evidence of the fraud. Here are the steps to proceed:
- Gather Evidence: Collect all documentation and evidence indicating fraud, including communications, financial records, and testimony.
- File the Motion: Draft and file a motion under Rule *(b)(*) for fraud on the court, detailing your evidence.
- Request Discovery: Concurrently, file a motion for discovery to obtain proof of service from *.
- Seek Accommodations: File a motion to request an extension of time due to your disability under the ADA.
Would you like more guidance on drafting these motions?
- Gather Evidence: Collect all documentation and evidence indicating fraud, including communications, financial records, and testimony.
- File the Motion: Draft and file a motion under Rule *(b)(*) for fraud on the court, detailing your evidence.
- Request Discovery: Concurrently, file a motion for discovery to obtain proof of service from *.
- Seek Accommodations: File a motion to request an extension of time due to your disability under the ADA.
Would you like more guidance on drafting these motions?
Ok. i need more time to gather evidence to write the motion. So the summons states that if you need more time to respond you may request an extension of time in writing from the Court. So I would like to do this under the ADA. Can you write the reguest?
Sure, here's a template for requesting an extension of time under the ADA:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Court
[Name of the Court]
* Court Street
Taunton, MA *
Re: Request for Extension of Time to Respond to Summons Under the ADA
Dear Clerk of the Court,
I am writing to respectfully request an extension of time to respond to the summons in the case [Case Number]. Due to my disability, I require additional time to gather necessary evidence and prepare my response.
In accordance with the Americans with Disabilities Act (ADA), I am requesting a reasonable accommodation of an additional [number of days] days to file my response. This additional time will allow me to adequately address the complex issues involved in this case and ensure a fair opportunity to present my defense.
Thank you for considering my request. Please let me know if any additional documentation or information is required to support this request.
Sincerely,
[Your Name]
---
Would you like more details on how to proceed with filing this request?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Court
[Name of the Court]
* Court Street
Taunton, MA *
Re: Request for Extension of Time to Respond to Summons Under the ADA
Dear Clerk of the Court,
I am writing to respectfully request an extension of time to respond to the summons in the case [Case Number]. Due to my disability, I require additional time to gather necessary evidence and prepare my response.
In accordance with the Americans with Disabilities Act (ADA), I am requesting a reasonable accommodation of an additional [number of days] days to file my response. This additional time will allow me to adequately address the complex issues involved in this case and ensure a fair opportunity to present my defense.
Thank you for considering my request. Please let me know if any additional documentation or information is required to support this request.
Sincerely,
[Your Name]
---
Would you like more details on how to proceed with filing this request?
what is a reasonable time extension * dyas?
A *-day extension is generally considered reasonable. You can use the template provided and request an additional 30 days to prepare your response.
Would you like more information on how to proceed with filing this request?
Would you like more information on how to proceed with filing this request?
what is a reasonable time extension?
A reasonable time extension can vary based on the complexity of the case and your specific needs. Generally, a *-day extension is considered reasonable, especially when citing the need for additional time due to a disability.
Would you like more guidance on how to proceed with filing the extension request?
Would you like more guidance on how to proceed with filing the extension request?
yes how would i file it ?
To file your extension request, follow these steps:
*. Prepare Documents: Customize the provided template with your information.
*. Print and Sign: Print the letter and sign it.
*. File with the Court: Mail or hand-deliver the signed letter to the Clerk of the Court at * Court Street, Taunton, MA *.
*. Keep Copies: Make copies for your records.
Would you like more details on any of these steps?
*. Prepare Documents: Customize the provided template with your information.
*. Print and Sign: Print the letter and sign it.
*. File with the Court: Mail or hand-deliver the signed letter to the Clerk of the Court at * Court Street, Taunton, MA *.
*. Keep Copies: Make copies for your records.
Would you like more details on any of these steps?
In addition the person sueing is represented by an attorney who did not state that he was a debt collector. I know that this is an FDCPA violation so I sent him a cease and desist letter. Rather than reponding to me he call my counsel who is representing me on anoter matter and not the case. Fisty is he acting as a debt collector? His client bought the $*,* default judgment against both James and me for $*,* to offset his liabilty in a lawsuit that I am sueing him for. So this attorney is assisting his clinet in a continuing crime of an illegal forclsoure, criminal usury , and 93A violations. So what is the next step in reporting the attorney for FDCPA violations?
For reporting the attorney for FDCPA violations, consider these steps:
- File a Complaint: Submit a complaint to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC).
- Contact Massachusetts Attorney General: File a complaint with the Massachusetts Attorney General’s Office for consumer protection.
Would you like more guidance on how to file these complaints?
- File a Complaint: Submit a complaint to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC).
- Contact Massachusetts Attorney General: File a complaint with the Massachusetts Attorney General’s Office for consumer protection.
Would you like more guidance on how to file these complaints?
see above
For reporting the attorney for FDCPA violations, you can take the following steps:
- File a Complaint with the CFPB: Submit a complaint to the Consumer Financial Protection Bureau (CFPB) online at www.consumerfinance.gov/complaint or call (*) *-*.
- Report to the State Bar: File a grievance with the Massachusetts Board of Bar Overseers for unethical conduct.
Would you like more details on these steps?
- File a Complaint with the CFPB: Submit a complaint to the Consumer Financial Protection Bureau (CFPB) online at www.consumerfinance.gov/complaint or call (*) *-*.
- Report to the State Bar: File a grievance with the Massachusetts Board of Bar Overseers for unethical conduct.
Would you like more details on these steps?
First is the counsel a debt collector under the FDCPA?
Under the Fair Debt Collection Practices Act (FDCPA), an attorney can be considered a debt collector if they regularly collect debts on behalf of others. Since the attorney is representing a client to collect a debt from you, they may fall under this definition. Here are some points to consider:
- Debt Collector Definition: An attorney who regularly collects debts is considered a debt collector.
- Cease and Desist: You have sent a cease and desist letter, which the attorney should honor.
- Next Steps: If the attorney did not identify themselves as a debt collector, this might be an FDCPA violation.
Would you like more details on how to file a complaint with the CFPB or Massachusetts Board of Bar Overseers?
- Debt Collector Definition: An attorney who regularly collects debts is considered a debt collector.
- Cease and Desist: You have sent a cease and desist letter, which the attorney should honor.
- Next Steps: If the attorney did not identify themselves as a debt collector, this might be an FDCPA violation.
Would you like more details on how to file a complaint with the CFPB or Massachusetts Board of Bar Overseers?
Is his clients action a fraudlent transfer? I am his creditor and he buys a defalt judgment that he was a party to initiating in * and then buys the default judgment to hinder, harrass and defraud us, the creditor?
The situation described could potentially be considered a fraudulent transfer if the intent was to hinder, delay, or defraud creditors. Massachusetts law, like the Uniform Fraudulent Transfer Act (UFTA), addresses such actions.
- Intent: Assess if the transfer was made with the intent to defraud creditors.
- Consideration: Examine if the transfer was made without receiving reasonably equivalent value.
- Insolvency: Determine if the debtor became insolvent as a result of the transfer.
Would you like more information on how to proceed with a claim of fraudulent transfer?
- Intent: Assess if the transfer was made with the intent to defraud creditors.
- Consideration: Examine if the transfer was made without receiving reasonably equivalent value.
- Insolvency: Determine if the debtor became insolvent as a result of the transfer.
Would you like more information on how to proceed with a claim of fraudulent transfer?
see above
Hi there! Based on the information you provided, there are several legal actions you might consider regarding the fraudulent transfer and the attorney's behavior. Here are some points to consider:
- Fraudulent Transfer: If the client's actions are intended to hinder, delay, or defraud a creditor, it may be considered a fraudulent transfer under the Uniform Fraudulent Transfer Act (UFTA) in Massachusetts.
- Debt Collector Definition: The attorney may be considered a debt collector under the FDCPA if they regularly engage in debt collection.
- Reporting Violations: You can report the FDCPA violation to the CFPB and the Massachusetts Board of Bar Overseers.
Would you like more detailed information on how to proceed with these actions?
- Fraudulent Transfer: If the client's actions are intended to hinder, delay, or defraud a creditor, it may be considered a fraudulent transfer under the Uniform Fraudulent Transfer Act (UFTA) in Massachusetts.
- Debt Collector Definition: The attorney may be considered a debt collector under the FDCPA if they regularly engage in debt collection.
- Reporting Violations: You can report the FDCPA violation to the CFPB and the Massachusetts Board of Bar Overseers.
Would you like more detailed information on how to proceed with these actions?
To clarify buying the default judgement from the trustee was a fruadlent transfer.
Under the Uniform Fraudulent Transfer Act (UFTA) in Massachusetts, a transfer may be considered fraudulent if it was made with the intent to hinder, delay, or defraud any creditor. Here are some steps you might consider:
- Gather Evidence: Collect all documentation related to the default judgment and the transfer.
- Consult an Attorney: Given the complexity, consulting a legal professional will be critical to your case.
Would you like more details on how to gather evidence or proceed with legal action?
- Gather Evidence: Collect all documentation related to the default judgment and the transfer.
- Consult an Attorney: Given the complexity, consulting a legal professional will be critical to your case.
Would you like more details on how to gather evidence or proceed with legal action?
if the small buisness asssociation was invloved with this strengthen the case to be reopened?
The involvement of the Small Business Association (SBA) could potentially strengthen your case if their involvement adds evidence of improper or fraudulent actions. Document any interactions or transactions involving the SBA that support your claims.
Would you like more information on how to gather and present this evidence effectively?
Would you like more information on how to gather and present this evidence effectively?
see above
If the Small Business Administration (SBA) was involved, it could potentially strengthen your case, particularly if their involvement can provide additional evidence or documentation of fraudulent activities. Here are some steps you could take:
- Gather Evidence: Collect all relevant documentation involving the SBA, the default judgment, and the fraudulent transfer.
- Consult an Attorney: Given the complexity and the involvement of multiple parties, consulting an attorney will be essential for your case.
Would you need more details on how to gather evidence or proceed with consulting an attorney?
- Gather Evidence: Collect all relevant documentation involving the SBA, the default judgment, and the fraudulent transfer.
- Consult an Attorney: Given the complexity and the involvement of multiple parties, consulting an attorney will be essential for your case.
Would you need more details on how to gather evidence or proceed with consulting an attorney?
I am insolvent due to the * transfer and there are long waiting lists for attornies for pro bono. Do yiu think I could reguest legal asisiatnce under the ADA?
You might be able to request legal assistance under the ADA if your disability significantly impairs your ability to handle the case. Contact the Massachusetts Office on Disability for guidance and possible legal resources.
Would you like more information on contacting the Massachusetts Office on Disability?
Would you like more information on contacting the Massachusetts Office on Disability?
yes
For more information on contacting the Massachusetts Office on Disability, you can reach them using the following details:
Phone: (*) *-*
Website: www.mass.gov/orgs/massachusetts-office-on-disability
Would you like more information on how to explain your situation to them?
Massachusetts Office on Disability
Phone: (*) *-*
Website: www.mass.gov/orgs/massachusetts-office-on-disability
Would you like more information on how to explain your situation to them?
yes please send their number
Massachusetts Office on Disability
Phone: (*) *-*
Website: www.mass.gov/orgs/massachusetts-office-on-disability
Would you like more details on how they can assist you?
i forget the name of a motion that I want to file. I file a motion under rule *(b) for fruad on the court in housing court MA with all exhibits I was denied, sent the reconsideratio. Then I sent a letter to the appeals court seeking them to assmeble the records on my notice of appeal. They replied in a letter that becuase the judge denied my appeal I dont not have an appeal to assemble the records. So that ergrious I think becuase in my case the judge has committed abuse of discretion and has continually abused me. So can I send a moton to the appeals court to review my case for this abuse?
You might consider filing a "Petition for Review" or a "Motion for Reconsideration" with the appeals court regarding the denial of your appeal, citing abuse of discretion.
Would you like more details on how to draft and file this petition?
Would you like more details on how to draft and file this petition?
yes can i see an example of how to write it?
Sure, here's a simple template for a Petition for Review:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
[Name of the Appeals Court]
[Address of the Appeals Court]
[City, State, ZIP Code]
Re: Petition for Review - Case [Case Number]
Dear Clerk of the Appeals Court,
I am writing to submit a Petition for Review concerning the denial of my appeal in the case [Case Number], originally heard in [Name of Housing Court]. I believe the trial judge's decision constitutes an abuse of discretion, which warrants further review by the appeals court.
Specifically, I assert the following grounds for review:
- The trial judge denied my Rule *(b) motion for fraud on the court, despite compelling evidence presented.
- The judge's decision to deny my motion for reconsideration highlights a pattern of judicial bias and abuse of discretion.
- The judge failed to properly assemble the record for the appeals court, impeding my right to a fair appellate review.
I respectfully request the appeals court to review the trial judge’s conduct and the decisions made in my case. Attachedplease find the necessary documentation and exhibits that support my claim of judicial abuse and error.
Thank you for your attention to this matter. I am seeking a fair opportunity to present my case and have the issues addressed appropriately.
Sincerely,
[Your Name]
---
Would you like more details on how to gather the necessary documentation or any other part of this process?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
[Name of the Appeals Court]
[Address of the Appeals Court]
[City, State, ZIP Code]
Re: Petition for Review - Case [Case Number]
Dear Clerk of the Appeals Court,
I am writing to submit a Petition for Review concerning the denial of my appeal in the case [Case Number], originally heard in [Name of Housing Court]. I believe the trial judge's decision constitutes an abuse of discretion, which warrants further review by the appeals court.
Specifically, I assert the following grounds for review:
- The trial judge denied my Rule *(b) motion for fraud on the court, despite compelling evidence presented.
- The judge's decision to deny my motion for reconsideration highlights a pattern of judicial bias and abuse of discretion.
- The judge failed to properly assemble the record for the appeals court, impeding my right to a fair appellate review.
I respectfully request the appeals court to review the trial judge’s conduct and the decisions made in my case. Attachedplease find the necessary documentation and exhibits that support my claim of judicial abuse and error.
Thank you for your attention to this matter. I am seeking a fair opportunity to present my case and have the issues addressed appropriately.
Sincerely,
[Your Name]
---
Would you like more details on how to gather the necessary documentation or any other part of this process?
see above
Sure, here's a template for a "Petition for Review" to the appeals court:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
[Name of the Appeals Court]
[Address of the Appeals Court]
Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal.Specifically, I believe the following points demonstrate the abuse of discretion:
- [Detail specific instances of abuse or errors made by the judge]
- [Provide any relevant evidence or exhibits that support your claim]
- [Explain how the denial has adversely affected your case]
I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your attention to this matter. I am prepared to provide any additional information or documentation as needed.
Sincerely,
[Your Name]
---
Would you like more details on how to file this petition or need help with any specific section?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
[Name of the Appeals Court]
[Address of the Appeals Court]
Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal.Specifically, I believe the following points demonstrate the abuse of discretion:
- [Detail specific instances of abuse or errors made by the judge]
- [Provide any relevant evidence or exhibits that support your claim]
- [Explain how the denial has adversely affected your case]
I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your attention to this matter. I am prepared to provide any additional information or documentation as needed.
Sincerely,
[Your Name]
---
Would you like more details on how to file this petition or need help with any specific section?
Please give the leading examples of what the appeals court decides as an abuse of discretion by a judge in MA
Here are some leading examples of what the appeals court may consider as an abuse of discretion by a judge in Massachusetts:
- Ignoring or misapplying the law.
- Making a decision without sufficient evidence.
- Showing bias or prejudice against one party.
- Refusing to permit relevant evidence.
- Not allowing a fair opportunity to be heard.
Would you like more examples or details on any of these points?
- Ignoring or misapplying the law.
- Making a decision without sufficient evidence.
- Showing bias or prejudice against one party.
- Refusing to permit relevant evidence.
- Not allowing a fair opportunity to be heard.
Would you like more examples or details on any of these points?
So In my case I would start from the beginning of my case in * declaring that the party to a foreclsoure deed was the owner of the propery when I gave eidence to the contrary. He stated that becuase the staute of limitations had expired on the notes that all of my counterclaims are denied including evidence of an illegal foreclsoure. He misapplied the ststute of limiatations law leading to the seizure of my property in October *.
It seems like you have substantial grounds for challenging the judge's decision based on abuse of discretion. Here are some points to consider including in your petition:
- Misapplication of Law: Detail how the judge incorrectly applied the statute of limitations, denying your counterclaims and evidence.
- Ignoring Evidence: Highlight any specific evidence you presented that the judge ignored, particularly concerning the alleged illegal foreclosure.
- Impact of Decision: Explain how the misapplication of the statute of limitations led to the wrongful seizure of your property.
Would you like more guidance on drafting this section or other parts of your petition?
- Misapplication of Law: Detail how the judge incorrectly applied the statute of limitations, denying your counterclaims and evidence.
- Ignoring Evidence: Highlight any specific evidence you presented that the judge ignored, particularly concerning the alleged illegal foreclosure.
- Impact of Decision: Explain how the misapplication of the statute of limitations led to the wrongful seizure of your property.
Would you like more guidance on drafting this section or other parts of your petition?
Or should I start with the latest deniel of my reguest to vacate the judgement for fraud on the court?
You should start with the latest denial of your request to vacate the judgment for fraud on the court. This is the most recent action and is directly relevant to your current appeal. Here’s a suggested structure:
*. Introduction: Briefly introduce your case and its history.
*. Latest Denial: Detail the latest denial of your Rule *(b) motion, including the judge’s reasons.
*. Abuse of Discretion: Explain how the judge misapplied the statute of limitations and ignored evidence, leading to the illegal foreclosure.
*. Request for Review: Clearly state your request for the appeals court to review the case due to the judge’s abuse of discretion.
Would you like a detailed template for this approach?
*. Introduction: Briefly introduce your case and its history.
*. Latest Denial: Detail the latest denial of your Rule *(b) motion, including the judge’s reasons.
*. Abuse of Discretion: Explain how the judge misapplied the statute of limitations and ignored evidence, leading to the illegal foreclosure.
*. Request for Review: Clearly state your request for the appeals court to review the case due to the judge’s abuse of discretion.
Would you like a detailed template for this approach?
who would I file this with if its the judge he will just deny it?
You would file your "Petition for Review" or "Motion for Reconsideration" with the appeals court, not with the same judge who denied your motion. Here’s how to do it:
*. Prepare Documents: Customize the provided template with your information and evidence.
*. Print and Sign: Print the petition and sign it.
*. File with the Appeals Court: Mail or hand-deliver the signed petition to the Clerk of the Appeals Court.
Would you like more specific details on any of these steps?
*. Prepare Documents: Customize the provided template with your information and evidence.
*. Print and Sign: Print the petition and sign it.
*. File with the Appeals Court: Mail or hand-deliver the signed petition to the Clerk of the Appeals Court.
Would you like more specific details on any of these steps?
Ok. We start tomorrrow. I will give you the dates .
Certainly! When you have the exact dates, you can proceed with the following steps to file your "Petition for Review" with the appeals court:
*. Prepare Documents: Customize the petition template with your personal information, case details, and evidence supporting your claim of abuse of discretion.
*. Print and Sign: Ensure all documents are printed and signed.
*. File with the Appeals Court: Submit the petition to the Clerk of the Appeals Court either by mail or in person.
Would you like more assistance with any specific part of this process?
*. Prepare Documents: Customize the petition template with your personal information, case details, and evidence supporting your claim of abuse of discretion.
*. Print and Sign: Ensure all documents are printed and signed.
*. File with the Appeals Court: Submit the petition to the Clerk of the Appeals Court either by mail or in person.
Would you like more assistance with any specific part of this process?
next question about the default judgment which is related to this case as it includes the same party - how does a motion under rule * fruad on the court affect a deaflt judgment?
A motion under Rule *(b) for fraud on the court can significantly affect a default judgment. Here are some key points:
- Void Judgment: If fraud is proven, the judgment can be declared void.
- Evidence Requirement: You must provide prima facie evidence of the fraud.
- Court Discretion: The court has discretion to vacate the judgment if fraud is established.
Would you like more details on gathering evidence or drafting the motion?
- Void Judgment: If fraud is proven, the judgment can be declared void.
- Evidence Requirement: You must provide prima facie evidence of the fraud.
- Court Discretion: The court has discretion to vacate the judgment if fraud is established.
Would you like more details on gathering evidence or drafting the motion?
can i start giving you information toward completing the Petition for Review of Denial of Appeal
Sure, I'd be happy to help you complete the Petition for Review of Denial of Appeal. To begin, can you provide me with the specifics of the judge's reasoning for the most recent denial of your Rule *(b) motion? This will help in crafting a detailed and relevant petition.
Yes First heres the latest deniel from the appeals court -January *, *
John Adams Courthouse
One Pemberton Square, Room *
Boston, MA *
Dear [Appeals Court Clerk/Official],
I am writing to inform you about the current status of my notice of appeal and to request assistance with assembling the record. Here is a summary of the situation:
*. Notice of Appeal: I filed a notice of appeal on December *, *, regarding the decision of the Southeast Housing Court.
To move forward, let’s complete your petition for review. Here’s a template based on the information you’ve provided:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
John Adams Courthouse
One Pemberton Square, Room *
Boston, MA *
Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the Southeast Housing Court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
Case Background:
*. Notice of Appeal: I filed a notice of appeal on December *, *, regarding the decision of the Southeast Housing Court. On January *, *, I received a denial from the appeals court, which stated that my appeal could not proceed due to the lower court's denial.
Grounds for Review:
*. Abuse of Discretion by Housing Court Judge:
-- The judge misapplied the statute of limitations, leading to the denial of my counterclaims, including evidence of an illegal foreclosure.
- The judge ignored substantial evidence proving the ownership of the property and the illegality of the foreclosure.
*. Latest Denial of Rule *(b) Motion:
- My motion under Rule *(b) for fraud on the court was denied without adequately addressing the evidence presented.
- The denial has significantly impacted my ability to seek justice and has resulted in the wrongful seizure of my property in October *.
Request for Review:
Given the evidence of abuse of discretion and the complexity of my case, I respectfully request the appeals court review the decisions made by the Southeast Housing Court. I believe a thorough review will ensure that justice is served and my rights are protected.
Thank you for your attention to this matter. I am prepared to provide any additional information or documentation as needed.
Sincerely,
[Your Name]
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Would you like any modifications or additional information included in this petition?
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
John Adams Courthouse
One Pemberton Square, Room *
Boston, MA *
Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the Southeast Housing Court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
Case Background:
*. Notice of Appeal: I filed a notice of appeal on December *, *, regarding the decision of the Southeast Housing Court. On January *, *, I received a denial from the appeals court, which stated that my appeal could not proceed due to the lower court's denial.
Grounds for Review:
*. Abuse of Discretion by Housing Court Judge:
-- The judge misapplied the statute of limitations, leading to the denial of my counterclaims, including evidence of an illegal foreclosure.
- The judge ignored substantial evidence proving the ownership of the property and the illegality of the foreclosure.
*. Latest Denial of Rule *(b) Motion:
- My motion under Rule *(b) for fraud on the court was denied without adequately addressing the evidence presented.
- The denial has significantly impacted my ability to seek justice and has resulted in the wrongful seizure of my property in October *.
Request for Review:
Given the evidence of abuse of discretion and the complexity of my case, I respectfully request the appeals court review the decisions made by the Southeast Housing Court. I believe a thorough review will ensure that justice is served and my rights are protected.
Thank you for your attention to this matter. I am prepared to provide any additional information or documentation as needed.
Sincerely,
[Your Name]
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Would you like any modifications or additional information included in this petition?
*. Civil Appeal Entry Form: Subsequently, I filed a civil appeal entry form.
*. Communication with Clerk: I spoke with the clerk, who provided me with a contact number to call the trial court to assemble the records. I called and was given the number for the Southeast Housing Court to request them to assemble the records.
*. Request for Motion to Assemble Records: I am writing this letter to request that the Appeals Court motion the Southeast Housing Court to assemble the necessary records for my appeal. I have been informed that my request to the Southeast Housing Court to assemble the records myself may be denied.
Thank you for sharing the details. Let's start drafting your Petition for Review. Here's a template to get you started:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
John Adams Courthouse
One Pemberton Square, Room *
Boston, MA *
Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the Southeast Housing Court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
*. Notice of Appeal: I filed a notice of appeal on December *, *, regarding the decision of the Southeast Housing Court.
*. Civil Appeal Entry Form: Subsequently, I filed a civil appeal entry form.
*. Communication with Clerk: I spoke with the clerk, who provided me with a contact number to call the trial court to assemble the records. I called and was given the number for the Southeast Housing Court torequest them to assemble the records.
*. Request for Motion to Assemble Records: I requested that the Appeals Court motion the Southeast Housing Court to assemble the necessary records for my appeal. However, I was informed that my request to assemble the records myself might be denied.
Abuse of Discretion:
- The judge misapplied the statute of limitations law, leading to the illegal foreclosure and seizure of my property in October *.
- The judge ignored evidence I presented, which showed that the party to the foreclosure deed was not the rightful owner of the property.
- The denial of my Rule *(b) motion for fraud on the court was based on erroneous grounds, further demonstrating the judge's abuse of discretion.
Request for Review:
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
- [Detail specific instances of abuse or errors made by the judge]
- [Provide any relevant evidence or exhibits that support your claim]
- [Explain how the denial has adversely affected your case]
I respectfully request that the appeals court review the records and decisions made in my case to ensure
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Clerk of the Appeals Court
John Adams Courthouse
One Pemberton Square, Room *
Boston, MA *
Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the Southeast Housing Court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
*. Notice of Appeal: I filed a notice of appeal on December *, *, regarding the decision of the Southeast Housing Court.
*. Civil Appeal Entry Form: Subsequently, I filed a civil appeal entry form.
*. Communication with Clerk: I spoke with the clerk, who provided me with a contact number to call the trial court to assemble the records. I called and was given the number for the Southeast Housing Court torequest them to assemble the records.
*. Request for Motion to Assemble Records: I requested that the Appeals Court motion the Southeast Housing Court to assemble the necessary records for my appeal. However, I was informed that my request to assemble the records myself might be denied.
Abuse of Discretion:
- The judge misapplied the statute of limitations law, leading to the illegal foreclosure and seizure of my property in October *.
- The judge ignored evidence I presented, which showed that the party to the foreclosure deed was not the rightful owner of the property.
- The denial of my Rule *(b) motion for fraud on the court was based on erroneous grounds, further demonstrating the judge's abuse of discretion.
Request for Review:
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
- [Detail specific instances of abuse or errors made by the judge]
- [Provide any relevant evidence or exhibits that support your claim]
- [Explain how the denial has adversely affected your case]
I respectfully request that the appeals court review the records and decisions made in my case to ensure