Summary
Massachusetts Rule 19A permits juror note-taking in criminal trials, ensuring confidentiality and destruction post-trial. Misrepresentation by attorneys as real estate professionals, while acting as debt collectors, may violate the FDCPA. Alton can file a complaint citing this violation, seeking to include these attorneys as defendants. Under Mass. R. Civ. P. 19(a), necessary parties must be joined for complete relief. Altons motion to vacate under Rule 60(b) for fraud upon the court could render previous judgments void, allowing for further legal action.Full Conversation
Alton has a case that attorneys have been claimming that they are real estae attorney in his case therfore they sare not part of the case. Howver they are in violation under FDCPa BECUASE they have misrepresented themseves as they are debt collectors. So Alton has been harmed by their misrepresentaion and wants to enjoin them in his case as defendents because he has a right to sue the. Can you say this legally?
Alton may have a valid claim under the Fair Debt Collection Practices Act (FDCPA) if the attorneys misrepresented themselves as real estate attorneys while acting as debt collectors. He can consider the following steps:
- File a complaint in federal court, citing the FDCPA violation.
- Provide evidence of the misrepresentation and harm caused.
- Seek an injunction to include the attorneys as defendants in his case.
Would you like more details on how to proceed with filing the lawsuit?
Under mass rules of civil procedure 19a these parties are necessay to provide complete relief in this case. Alton is filing a motion to reply to opposition to enjoin. The attorneys are saying we are justattorney represnting our client we are not parties to the case. Could you draft Alton need to say in his reply.
Alton can consider including the following points in his reply:
- Under Mass. R. Civ. P. *(a), the attorneys are necessary parties to provide complete relief.
- The attorneys misrepresented themselves, violating the FDCPA.
- The misrepresentation caused harm to Alton, justifying their inclusion as defendants.
Would you like more details on how to format this legally?
Plaintiff Bank of New York Mellon, as Trustee (“BONY”)* hereby opposes defendant
Alton King’s “Motion to Request Leave, Re-Enjoinment, and Enjoinment.” Mr. King moves
under Mass. R. Civ. P. * to join as parties to this matter the various law firms representing
Plaintiff, the various attorneys involved, and the loan servicer. For at least two reasons, the Court
should deny this motion forthwith.
Alton should consider including the following points in his reply:
- Under Mass. R. Civ. P. *(a), the attorneys are necessary parties to provide complete relief.
- The attorneys misrepresented themselves as real estate attorneys, violating the FDCPA.
- This misrepresentation caused harm to Alton, justifying their inclusion as defendants.
Would you like a more detailed legal format for this reply?
First, as the Court recently noted on the docket, this “CASE IS DISMISSED” and “NO
FILINGS IN THIS CASE.” See Docket (emphasis in original). This recognizes the reality that,
at some point, the Court needs to stop accepting and entertaining frivolous motions in perpetuity.We are beyond that point after Mr. King’s four motions for relief from judgment and thirteenBank of New York Mellon f/k/a The Bank of New York, as Trustee on behalf of the registeredholders of Alternative Loan Trust *-J7, Mortgage Pass-Through Certificates,
Alton may draft his reply to the opposition by including the following points:
- Emphasize that a Rule *(b) motion for fraud upon the court was filed, which can render previous judgments void.
- Argue that the case dismissal and prohibition on filings do not apply if fraud upon the court is proven.
- Highlight the necessity to address the fraud claims to ensure justice.
Would you like assistance with a more detailed legal format for this reply?
Series *-J7.2unsuccessful appeals, among the other * post-judgment docket entries).*
Given the Court’sdocket notation prohibiting more filings, Mr. King’s latest motion should have been rejected and not docketed. Please note that on date XXX Alton filed a motion to vacate under rule *(b) for fruad upon the court so all of these judgements appeals and alike are all void becuase of the atttorney who I opposing this motion committed the fruad. Can you reply to their opposition?
Alton can draft his reply to the opposition by including the following points:
- Emphasize that a Rule *(b) motion for fraud upon the court was filed, which can render previous judgments void.
- Argue that the case dismissal and prohibition on filings do not apply if fraud upon the court is proven.
- Highlight the necessity to address the fraud claims to ensure justice.
Would you like assistance with a more detailed legal format for this reply?
Please draft it.
Sure, here is a draft for Alton's reply to the opposition:
---
COMMONWEALTH OF MASSACHUSETTS
[COURT NAME]
[CASE NUMBER]
Alton King, Defendant
v.
Bank of New York Mellon, as Trustee, Plaintiff
---
REPLY TO OPPOSITION TO MOTION TO REQUEST LEAVE, RE-ENJOINMENT, AND ENJOINMENT
*. Rule *(b) Motion: On [date], Alton King filed a motion to vacate under Rule *(b) for fraud upon the court, which can render previous judgments void per Massachusetts law.
*. Fraud Claims: The attorneys representing the Plaintiff misrepresented themselves, violating the Fair Debt Collection Practices Act (FDCPA) and committing fraud upon the court.
*. Case Dismissal and Prohibition: The court's dismissal and prohibition on filings do not apply if fraud upon the court is proven. Addressing these fraud claims is essential to ensure justice.
*. Necessity for Complete Relief: Under Mass. R. Civ. P. *(a), the attorneys are necessary parties to provide complete relief in this matterand must be enjoined as defendants.
---
Would you like any additional details or further assistance with this draft?
see above
Alton can draft his reply to the opposition by including the following points:
- A Rule *(b) motion for fraud upon the court was filed, which can render previous judgments void.
- The case dismissal and prohibition on filings do not apply if fraud upon the court is proven.
- It is crucial to address the fraud claims to ensure justice.
Would you like a more detailed legal format for this reply?
Yes please draft a motion to reply to opposition to rejoin and re- enjoin parties.
Sure, here’s a draft for a motion to reply to opposition to rejoin and re-enjoin parties:
---
COMMONWEALTH OF MASSACHUSETTS
[Court Name]
[Docket Number]
ALTON KING,
Plaintiff,
v.
BANK OF NEW YORK MELLON, AS TRUSTEE, et al.,
Defendants.
REPLY TO OPPOSITION TO MOTION TO REJOIN AND RE-ENJOIN PARTIES
Plaintiff Alton King hereby submits this Reply to the Opposition filed by the Bank of New York Mellon, as Trustee (“BONY”), regarding his Motion to Request Leave, Re-Enjoinment, and Enjoinment. Plaintiff respectfully states as follows:
*.
Necessity Under Mass. R. Civ. P. *(a):
Under Massachusetts Rule of Civil Procedure *(a), the parties sought to be joined are necessary for providing complete relief in this case. Their involvement is crucial to address all aspects of the dispute adequately.
*.
Violation of the Fair Debt Collection Practices Act (FDCPA):
The attorneys misrepresented themselves as real estate attorneys while acting as debt collectors, violating theFDCPA. This misrepresentation caused harm to Plaintiff, justifying their inclusion as defendants.
*.
Motion for Fraud Upon the Court:
On [date], Plaintiff filed a Motion to Vacate under Rule *(b) for fraud upon the court. If proven, this fraud renders prior judgments void. Therefore, the case dismissal and prohibition on filings do not apply in this context.
*.
Ensuring Justice:
It is imperative to address the fraud claims to ensure justice and uphold the integrity of the legal process. Ignoring these claims would result in a miscarriage of justice.
CONCLUSION
For the reasons stated above, Plaintiff respectfully requests that the Court grant his Motion to Rejoin and Re-Enjoin Parties to ensure all necessary parties are included for complete relief and to address the alleged fraud upon the court.
Respectfully submitted,
_____
Alton King
[Plaintiff’s Address]
[City, State, ZIP]
[Email Address]
[Phone Number]
---
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ownership or occupancy interest inthe Property, no additional parties are / were necessary to adjudicate the claims / counterclaims,and relief has already been accorded. The summary process action was based on fruad upon the court so there was no summary process action. Therfore Rule * applies becuase I want to sue you under the FDCPA which i have right to do. Can you revise the motion including therir 2nd opposiitiion. Send it to me without the borderline.
Sure, here’s a revised reply without the borderlines:
---
COMMONWEALTH OF MASSACHUSETTS
[Court Name]
[Docket Number]
ALTON KING,
Plaintiff,
v.
BANK OF NEW YORK MELLON, AS TRUSTEE, et al.,
Defendants.
REPLY TO OPPOSITION TO MOTION TO REJOIN AND RE-ENJOIN PARTIES
Plaintiff Alton King hereby submits this Reply to the Opposition filed by the Bank of New York Mellon, as Trustee (“BONY”), regarding his Motion to Request Leave, Re-Enjoinment, and Enjoinment. Plaintiff respectfully states as follows:
*. Necessity Under Mass. R. Civ. P. *(a):
Under Massachusetts Rule of Civil Procedure *(a), the parties sought to be joined are necessary for providing complete relief in this case. Their involvement is crucial to address all aspects of the dispute adequately.
*. Violation of the Fair Debt Collection Practices Act (FDCPA):
The attorneys misrepresented themselves as real estate attorneys while acting as debt collectors, violating the FDCPA. This misrepresentation caused harm to Plaintiff, justifying their inclusion as defendants.
*. Motion forFraud Upon the Court:
On [date], Plaintiff filed a Motion to Vacate under Rule *(b) for fraud upon the court. If proven, this fraud renders prior judgments void. Therefore, the case dismissal and prohibition on filings do not apply in this context.
*. Ensuring Justice:
It is imperative to address the fraud claims to ensure justice and uphold the integrity of the legal process. Ignoring these claims would result in a miscarriage of justice.
CONCLUSION
For the reasons stated above, Plaintiff respectfully requests that the Court grant his Motion to Rejoin and Re-Enjoin Parties to ensure all necessary parties are included for complete relief and to address the alleged fraud upon the court.
Respectfully submitted,
____
Alton King
[Plaintiff’s Address]
[City, State, ZIP]
[Email Address]
[Phone Number]
---
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Second, Mr. King’s motion should be denied on its merits. Rule * permits the joinder of
parties if, in their absence, (a) “complete relief cannot be accorded among those already parties”or (b) the non-party claims an interest that “is so situated that the disposition of the action in [their]absence may. . .” impede their “ability to protect their interest” or leave the parties subject toincurring multiple inconsistent obligations. Mass. R. Civ. P. *. This is a summary process actionfor possession. The named parties are the only parties with an
---
COMMONWEALTH OF MASSACHUSETTS
[Court Name]
[Docket Number]
ALTON KING,
Plaintiff,
v.
BANK OF NEW YORK MELLON, AS TRUSTEE, et al.,
Defendants.
REPLY TO OPPOSITION TO MOTION TO REJOIN AND RE-ENJOIN PARTIES
Plaintiff Alton King hereby submits this Reply to the Opposition filed by the Bank of New York Mellon, as Trustee (“BONY”), regarding his Motion to Request Leave, Re-Enjoinment, and Enjoinment. Plaintiff respectfully states as follows:
*. Necessity Under Mass. R. Civ. P. *(a):
Under Massachusetts Rule of Civil Procedure *(a), the parties sought to be joined are necessary for providing complete relief in this case. Their involvement is crucial to address all aspects of the dispute adequately.
*. Violation of the Fair Debt Collection Practices Act (FDCPA):
The attorneys misrepresented themselves as real estate attorneys while acting as debt collectors, violating the FDCPA. This misrepresentation caused harm to Plaintiff, justifying their inclusion as defendants.
*. Motion for Fraud Upon the Court:
On [date], Plaintiff filed a Motion to Vacate under Rule *(b) for fraud upon the court. If proven, this fraud renders prior judgments void. Therefore, the case dismissal and prohibition on filings do not apply in this context.
*. Ensuring Justice:
It is imperative to address the fraud claims to ensure justice and uphold the integrity of the legal process. Ignoring these claims would result in a miscarriage of justice.
*. Response to Second Opposition:
The summary process action was based on fraud upon the court, thereby invalidating the summary process action. Therefore, Rule * applies because Plaintiff has the right to sue under the FDCPA.
CONCLUSION
For the reasons stated above, Plaintiff respectfully requests that the Court grant his Motion to Rejoin and Re-Enjoin Parties to ensure all necessary parties are included for complete relief and to address the alleged fraud upon the court.
Respectfully submitted,
_____
Alton King
[Plaintiff’s Address]
[City, State, ZIP]
[Email Address]
[Phone Number]
---
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