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Constitutional Rights Violation Case
Summary
Your case involves potential constitutional rights violations, including issues with indigent status and appeal bonds, denial of a jury trial, due process concerns, and usury law violations. Collecting evidence and organizing documents, such as motions by opposing counsel, can strengthen your case. Consider focusing on judicial errors and fraudulent actions in your brief.Full Conversation
- This bond led to my eviction from my home, causing significant emotional and physical distress.
- The judge stripped me of my right to a jury trial due to supposedly unpaid interim use and occupancy fees, despite no case law mandating such payments for maintaining constitutional rights.
*. Legal Claims:
- The imposition of the unaffordable appeal bond violated my constitutional rights under the Indigent Court Cost law.
- The denial of my right to a jury trial and improper summary judgment action violated my constitutional rights to life, liberty, and property.
- The refusal to consider critical evidence, including the lender's default notice with a *% interest rate, violated my constitutional right to due process.
- The opposing counsel's fraud upon the court further burdened my case and violated my right to a fair trial.
Here are key points to consider for your case in Massachusetts:
- Indigent Status and Appeal Bond:
- Courts should consider indigent status before imposing fees or bonds.
- Imposing an unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial:
- Denial without proper grounds can violate due process and fair trial rights.
- Due Process:
- Ignoring critical evidence and improper summary judgment can infringe on due process rights.
- Fraud Upon the Court:
- Fraud by opposing counsel can undermine the right to a fair trial.
Can you specify more about the interim use and occupancy fees and how they were calculated? This will help in understanding your case better.
- Indigent Status and Appeal Bond:
- Courts should consider indigent status before imposing fees or bonds.
- Imposing an unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial:
- Denial without proper grounds can violate due process and fair trial rights.
- Due Process:
- Ignoring critical evidence and improper summary judgment can infringe on due process rights.
- Fraud Upon the Court:
- Fraud by opposing counsel can undermine the right to a fair trial.
Can you specify more about the interim use and occupancy fees and how they were calculated? This will help in understanding your case better.
Immiedietly the judge granted the third party superior title to my home. His reasoning that becuase in his opinion the note was passed the staute of limitations to collect that my several affirmative defenses moot. Howver the *% interest rate that the lender was charging ( violation of * section *) was not only outside of the timebarred note and violiating usury laws but was in violation of the Power and Sale or the nonjudicial foreclsoure laws.
It sounds like you have several strong arguments for your case. Here are some points to consider:
- Indigent Status and Appeal Bond: Courts must consider your financial status before imposing bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate your constitutional rights to due process and a fair trial.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions may infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel can undermine your right to a fair trial.
- Usury Laws and Nonjudicial Foreclosure: A *% interest rate violates Massachusetts usury laws and potentially nonjudicial foreclosure laws.
Can you provide any documentation or evidence that supports your claims, especially regarding the usurious interest rate and the appeal bond?
- Indigent Status and Appeal Bond: Courts must consider your financial status before imposing bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate your constitutional rights to due process and a fair trial.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions may infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel can undermine your right to a fair trial.
- Usury Laws and Nonjudicial Foreclosure: A *% interest rate violates Massachusetts usury laws and potentially nonjudicial foreclosure laws.
Can you provide any documentation or evidence that supports your claims, especially regarding the usurious interest rate and the appeal bond?
As such third party purchases are not immune from the violations of a lender and must dfend the foreclsoure. Howver the judge made errors and while he scheduled a trial by jury he granted the tghird party a $*,* a month use and occupancy fee for me to pay.Although I coldnt keep up with it I borrowed money and paid *,*. Howver when I appealed (some order, I will have to look) the opposing counsel urged the judge to strip me of my trial by juery beciase I didnt pay the interim use and occupancy. When I went before the full panel appeals court they wrote and I paraphrase, :that no where does it state that you (the judge) could take awy Merritt's jurt trial becuase of use and occupancy payments and secondly when she appealed the order for use and occupancy ended and she has paid in full. How then does this give merit to my constitutional rights violation?
It appears that you have several potential constitutional violations in your case. Here are some key points:
- Indigent Status and Appeal Bond: Courts should consider your financial status before imposing fees or bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate your constitutional rights to due process and a fair trial.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions may infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel can undermine your right to a fair trial.
- Usury Laws and Nonjudicial Foreclosure: A *% interest rate violates Massachusetts usury laws and potentially nonjudicial foreclosure laws.
Can you provide any documentation or evidence that supports your claims, especially regarding the usurious interest rate and the appeal bond?
- Indigent Status and Appeal Bond: Courts should consider your financial status before imposing fees or bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate your constitutional rights to due process and a fair trial.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions may infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel can undermine your right to a fair trial.
- Usury Laws and Nonjudicial Foreclosure: A *% interest rate violates Massachusetts usury laws and potentially nonjudicial foreclosure laws.
Can you provide any documentation or evidence that supports your claims, especially regarding the usurious interest rate and the appeal bond?
Yes. Heres my evidence. Its a "fact" like today is Friday that the opposing counsel is the litigant for the broker (my financial advisor) , th unlicensed lender and the third party. I have the testimy from the lender in federal court that he *) charged me a compund interest rate, *) that he knowingly forclsoed with the wrong amount *) that he never sent me any statements , invoices to notify me (which is a constutuional rights violation) of my obigation of the debt. I have the last default notice of * sent to me that attached the accounting history estblishing the *% interest rate. I have all of the documents of the judge and the single justice denying me of my motions (4 years of malicious prosecution that I am still enduring).
Here are key points to consider for your case in Massachusetts:
- Indigent Status and Appeal Bond: Courts must consider your financial status before imposing bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate your constitutional rights to due process and a fair trial.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions may infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel can undermine your right to a fair trial.
- Usury Laws and Nonjudicial Foreclosure: A *% interest rate violates Massachusetts usury laws and potentially nonjudicial foreclosure laws.
Do you have a lawyer assisting you with this case currently?
- Indigent Status and Appeal Bond: Courts must consider your financial status before imposing bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate your constitutional rights to due process and a fair trial.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions may infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel can undermine your right to a fair trial.
- Usury Laws and Nonjudicial Foreclosure: A *% interest rate violates Massachusetts usury laws and potentially nonjudicial foreclosure laws.
Do you have a lawyer assisting you with this case currently?
No I have tried . I have called attorneys and legal assistance . Nothing. So I work with you now and study.
You have strong arguments for potential constitutional rights violations. Here are some key points to emphasize in your case:
- Indigent Status and Appeal Bond: Imposing an unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate constitutional rights.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions can infringe on due process.
- Fraud Upon the Court: Fraud by opposing counsel undermines the right to a fair trial.
- Usury Laws: A *% interest rate violates Massachusetts usury laws.
Do you have any upcoming court dates or deadlines to be aware of?
- Indigent Status and Appeal Bond: Imposing an unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper legal grounds can violate constitutional rights.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions can infringe on due process.
- Fraud Upon the Court: Fraud by opposing counsel undermines the right to a fair trial.
- Usury Laws: A *% interest rate violates Massachusetts usury laws.
Do you have any upcoming court dates or deadlines to be aware of?
Indigent court cost law - I filed a motion to waive my appeal bond under the Indigent Court Cost law ) and I was denied by the single justcie. I followed up with reconsideration staing that under the ICCL this court can only do one of * things, *)waive, *)substitute or *) get the state to pay for it but thsi court CAN NOT deny my motion to vacatre the appeal bond. It was ignored and the housing court execited an appeal bond and subsequently I was evicted from my home grounded in fraud upon the court.
It sounds like you have several key points for your case:
- Indigent Status and Appeal Bond: Courts must consider indigent status before imposing bonds. An unaffordable bond might violate the Indigent Court Cost law in Massachusetts.
- Right to a Jury Trial: Denying a jury trial without proper grounds can violate your constitutional rights.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions could infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel may undermine your right to a fair trial.
- Usury Laws: A *% interest rate likely violates Massachusetts usury laws.
Do you have any upcoming court dates or deadlines?
- Indigent Status and Appeal Bond: Courts must consider indigent status before imposing bonds. An unaffordable bond might violate the Indigent Court Cost law in Massachusetts.
- Right to a Jury Trial: Denying a jury trial without proper grounds can violate your constitutional rights.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions could infringe upon your due process rights.
- Fraud Upon the Court: Fraud by opposing counsel may undermine your right to a fair trial.
- Usury Laws: A *% interest rate likely violates Massachusetts usury laws.
Do you have any upcoming court dates or deadlines?
I have an appeal wherby I have to get my Informal Brief in by Novemeber 27th.
It looks like you have a solid case with multiple constitutional rights violations. Here are key points to emphasize in your Informal Brief:
- Indigent Status and Appeal Bond: Courts should consider indigent status before imposing bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper grounds can violate constitutional rights.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions can infringe on due process.
- Fraud Upon the Court: Fraud by opposing counsel undermines the right to a fair trial.
- Usury Laws: A *% interest rate likely violates Massachusetts usury laws.
Have you gathered all necessary documentation and evidence to support these claims?
- Indigent Status and Appeal Bond: Courts should consider indigent status before imposing bonds. An unaffordable bond may violate the Indigent Court Cost law.
- Right to a Jury Trial: Denying a jury trial without proper grounds can violate constitutional rights.
- Due Process: Refusal to consider critical evidence and improper summary judgment actions can infringe on due process.
- Fraud Upon the Court: Fraud by opposing counsel undermines the right to a fair trial.
- Usury Laws: A *% interest rate likely violates Massachusetts usury laws.
Have you gathered all necessary documentation and evidence to support these claims?
I amright now. I start today gathering from the docket.
To strengthen your case, focus on these points for your Informal Brief:
- Indigent Status and Appeal Bond: Highlight the court's error in denying the motion under the Indigent Court Cost law.
- Right to a Jury Trial: Emphasize how denial violated constitutional rights.
- Due Process: Point out refusal to consider evidence and improper summary judgment.
- Fraud Upon the Court: Detail fraudulent actions by opposing counsel.
- Usury Laws: Stress the *% interest rate violation.
Have you considered reaching out to a legal aid organization in Massachusetts for additional support?
- Indigent Status and Appeal Bond: Highlight the court's error in denying the motion under the Indigent Court Cost law.
- Right to a Jury Trial: Emphasize how denial violated constitutional rights.
- Due Process: Point out refusal to consider evidence and improper summary judgment.
- Fraud Upon the Court: Detail fraudulent actions by opposing counsel.
- Usury Laws: Stress the *% interest rate violation.
Have you considered reaching out to a legal aid organization in Massachusetts for additional support?
I have in the past. You are more helpful to me . It seems key to me that the judge relied on fruadulent documents filed by the opposing counsel which tarnished ny defense. From the iception of the case the judge wrote, " L& S Realty is the owner of the property." Can the districy court say this is a judicial error and not a violation in my constutional rights?
The district court could potentially view it as a judicial error, but it can also be argued as a violation of your constitutional rights due to reliance on fraudulent documents.
Key Points:
- Fraudulent Documents: If opposing counsel provided fraudulent documents, it could undermine the integrity of the judicial process.
- Due Process Violation: Relying on such documents may have denied you a fair trial and due process.
Have you included evidence of the fraudulent documents in your appeal brief?
- Fraudulent Documents: If opposing counsel provided fraudulent documents, it could undermine the integrity of the judicial process.
- Due Process Violation: Relying on such documents may have denied you a fair trial and due process.
Have you included evidence of the fraudulent documents in your appeal brief?
I havent written the brief yet. Its this a good idea. opposing counsel list * or * statements in the FACT section in his Injunctive Relief Motion (the first motion sueing me for being a tenant in suffering) I want to write each one in a subheading and then provide facts why this is a frudlent statement . Is this okay?
Yes, it's a good idea to address each statement from the opposing counsel's Injunctive Relief Motion in your brief. Here's how you can structure it:
- Subheading: Quote the statement from the opposing counsel.
- Facts and Evidence: Provide specific facts and evidence that counteract the statement, demonstrating why it is fraudulent.
This method helps clearly present your arguments and supporting evidence. Do you have all the documents needed to support your counterclaims?
- Subheading: Quote the statement from the opposing counsel.
- Facts and Evidence: Provide specific facts and evidence that counteract the statement, demonstrating why it is fraudulent.
This method helps clearly present your arguments and supporting evidence. Do you have all the documents needed to support your counterclaims?
yes. I have all the evidence to support my counterclaims which will be in the appendix.
That sounds like a strong approach. Make sure to clearly label each subheading and provide concise, compelling evidence under each one. This will help the court easily understand your arguments. If you need more assistance with writing your brief or any specific legal points, feel free to ask!
Do you have any particular points or sections in your brief that you need help with?
Do you have any particular points or sections in your brief that you need help with?
I want to establish that the judge dimssing my counterclaims was an error and the rest of the case is moot. Howver I want to cite these continued violations 10illegal interim use and occupancy *) stripping me of a jury trisl *) barring me from disclovery request4) forcing me into a summary judgement action4) ordering an appeal bond4) denying me rights under the indignet court cost law to waive the bond5) execution of the appeal bond with a $*,* dollar amount6) excution for the sheriif's eviction *) the execution of the * hour notice. Finally the eviction. But I want to be very detailed about the fraud upon the court and the error the judge made from the beginning. Is this thinking right?
Your approach seems sound, focusing on the errors and constitutional violations. Here are some key points to structure your brief:
- Judicial Errors:
- Detail how dismissing your counterclaims was an error.
- Explain why the case is moot due to continuous violations.
- Constitutional Violations:
- Illegal interim use and occupancy fees.
- Stripping you of a jury trial.
- Barring discovery requests.
- Forcing summary judgment.
- Unaffordable appeal bond.
- Denying rights under the Indigent Court Cost law.
- Execution of appeal bond and eviction procedures.
- Fraud Upon the Court:
- Specific instances of fraudulent actions by opposing counsel.
- Impact of these actions on the trial's fairness.
Do you need help organizing these points or citing specific laws and precedents?
- Judicial Errors:
- Detail how dismissing your counterclaims was an error.
- Explain why the case is moot due to continuous violations.
- Constitutional Violations:
- Illegal interim use and occupancy fees.
- Stripping you of a jury trial.
- Barring discovery requests.
- Forcing summary judgment.
- Unaffordable appeal bond.
- Denying rights under the Indigent Court Cost law.
- Execution of appeal bond and eviction procedures.
- Fraud Upon the Court:
- Specific instances of fraudulent actions by opposing counsel.
- Impact of these actions on the trial's fairness.
Do you need help organizing these points or citing specific laws and precedents?
So i should be collecting the countless motions by the opposing counsel in this case?
Yes, collecting the countless motions by the opposing counsel can be crucial. These documents can provide evidence of any procedural errors or fraudulent actions they may have committed, which can strengthen your case. Make sure to organize them systematically and highlight any key points that show inconsistencies or errors.
Do you need assistance on how to effectively organize these motions and incorporate them into your brief?
Do you need assistance on how to effectively organize these motions and incorporate them into your brief?
thank you I understand how to collect them and make a table of contents. Ill be back to write the brief with you.. Thank you!
You're welcome! It sounds like you’re well-prepared and have a solid strategy. Feel free to reach out whenever you need assistance with your brief. Good luck gathering your documents, and I'm here to help whenever you're ready to write the brief.
Have a great day!
Have a great day!
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