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Fraudulent Foreclosure Legal Options
Summary
Fraudulent foreclosure actions under the Soldiers and Sailors Civil Relief Act can lead to serious legal consequences, including enhanced penalties and potential criminal charges. Its crucial to gather certified copies of judgments and evidence to establish fraud. Violations may breach federal and state laws, including consumer protection statutes. Consider disputing unauthorized charges related to eviction and storage, and seek legal aid for guidance. If facing eviction, understand your rights and explore options to dispute liens or invoices. For further legal action, consult with legal professionals or relevant authorities to address these violations effectively.Full Conversation
ok. Currently Im waiting for an order to vactate the dimissal with prejudice of my dissolance of my partnership based on extensive fraud reported by a finacial forensic accountant. My jury tril as a pro se litigant was scheduled for jury this decemeber so I did not anticipate getting an email from the court for a pretrial hearing and I missed the hearing. Opposing counsel given that their case is extremely weak filed a motion to dismiss with prejudice which the judge granted. But the judge can not legally grant thsi becuase the court in r.i. must oversee dissolving of a partnership. So Im confused next action to take if he does. I understand that I can appeal but is this my only other option? Given that I was victim to the partner trying to terminate the partnership through an illegal self help eviction changing the locks whereby i couldnt eneter do I still have an existing partnership?
Given the complexities of your case, here are some key points to consider:
*. Motion to Vacate: Ensure your motion to vacate the dismissal is well-supported with evidence of fraud and procedural issues.
*. Appeal: Yes, appealing the judge's decision is an option if the motion is denied.
*. Existing Partnership: It depends on the partnership agreement and state laws, but the illegal eviction could be a valid point for your case.
My question: Have you consulted with any attorney about possible next steps, especially regarding the appeal?
*. Motion to Vacate: Ensure your motion to vacate the dismissal is well-supported with evidence of fraud and procedural issues.
*. Appeal: Yes, appealing the judge's decision is an option if the motion is denied.
*. Existing Partnership: It depends on the partnership agreement and state laws, but the illegal eviction could be a valid point for your case.
My question: Have you consulted with any attorney about possible next steps, especially regarding the appeal?
I have no money. The partnership has stilen all of my money and assets.
I'm sorry to hear about your situation. Here are some options you might consider:
- Legal Aid: Seek help from legal aid organizations in Massachusetts that provide free or low-cost legal assistance.
- Pro Bono Services: Contact local law schools or bar associations for pro bono (free) legal services.
Website: www.mlac.org
Would you like more information on legal aid resources or advice on how to proceed with the appeal?
- Legal Aid: Seek help from legal aid organizations in Massachusetts that provide free or low-cost legal assistance.
- Pro Bono Services: Contact local law schools or bar associations for pro bono (free) legal services.
Massachusetts Legal Assistance Corporation (MLAC)
Website: www.mlac.org
Would you like more information on legal aid resources or advice on how to proceed with the appeal?
Thank you. Are there certain regirments that must be met before a judge can raise a dismissal of a case with prejudice?
Yes, certain requirements must be met before a judge can dismiss a case with prejudice:
- Merits of the Case: The judge must determine that the case lacks merit.
- Procedural Grounds: Failure to comply with court rules or orders.
- Finality: The dismissal is intended to be final, preventing the plaintiff from re-filing the same claim.
Have you considered reaching out to any legal aid organizations for assistance with your motion to vacate?
- Merits of the Case: The judge must determine that the case lacks merit.
- Procedural Grounds: Failure to comply with court rules or orders.
- Finality: The dismissal is intended to be final, preventing the plaintiff from re-filing the same claim.
Have you considered reaching out to any legal aid organizations for assistance with your motion to vacate?
can we discuss the finality requirment? The judge can not dismiss my case with prejudice becuase it would be keeping me in a partnership that i have a right to dissolve. Right?
The finality requirement means that a dismissal with prejudice is a final judgment, preventing the case from being refiled. However, if you have a right to dissolve the partnership, you should argue that the dismissal conflicts with your legal rights.
Have you considered gathering additional evidence or documentation to support your motion to vacate the dismissal?
Have you considered gathering additional evidence or documentation to support your motion to vacate the dismissal?
I have gathered evidence including filing stock power cerifiacte by the state of rhode island that clearly shows that I am one third owner of the partnership . In addition i have include the report and deposition of the forensic accountant citing tax evasion, commingling of funds, paying personal debt using coporate funds(embezzlement)
Case Rating: *
It sounds like you have substantial evidence to support your case.
To proceed:
- Ensure all evidence is well-organized and clearly presented.
- Emphasize that the dismissal conflicts with your right to dissolve the partnership.
- Highlight the illegal activities and financial misconduct by your partner.
Have you filed all this evidence with your motion to vacate?
It sounds like you have substantial evidence to support your case.
To proceed:
- Ensure all evidence is well-organized and clearly presented.
- Emphasize that the dismissal conflicts with your right to dissolve the partnership.
- Highlight the illegal activities and financial misconduct by your partner.
Have you filed all this evidence with your motion to vacate?
Yes. my peoblem which is diffiuclt to prove is bias. Although I have been fighting battles in other courts which ican prove with the same partners this case stalled for a few years. So the case has been pending for 5 years. But last year it began again and at that time the judge allowed it wherby he could have dismissed the case for lack of prosecution. howver both parties did not prosecute and not just me but I feel that i am to blame.
It sounds like you have a complex situation with potential bias and procedural issues. Here are some key points:
- Judicial Bias: Alleging bias can be challenging. You need concrete evidence showing the judge's unfair treatment.
- Motion to Vacate: Continue to emphasize the procedural errors and your right to dissolve the partnership.
- Appeal: Be prepared to appeal if necessary.
Have you considered filing a complaint regarding judicial bias or seeking a different judge?
- Judicial Bias: Alleging bias can be challenging. You need concrete evidence showing the judge's unfair treatment.
- Motion to Vacate: Continue to emphasize the procedural errors and your right to dissolve the partnership.
- Appeal: Be prepared to appeal if necessary.
Have you considered filing a complaint regarding judicial bias or seeking a different judge?
Not yet. Can the courts legally keep me in a partnership ?
The court generally cannot keep you in a partnership against your will. Here are some relevant points:
- Right to Dissolve: You typically have the right to dissolve a partnership if you meet certain legal requirements.
- Court Oversight: The court may need to oversee the dissolution process, especially if there are allegations of fraud or misconduct.
- Appeal: If your motion to vacate is denied, appealing the decision could be a viable option.
Would you like more information on how to file an appeal or address potential judicial bias?
- Right to Dissolve: You typically have the right to dissolve a partnership if you meet certain legal requirements.
- Court Oversight: The court may need to oversee the dissolution process, especially if there are allegations of fraud or misconduct.
- Appeal: If your motion to vacate is denied, appealing the decision could be a viable option.
Would you like more information on how to file an appeal or address potential judicial bias?
Since my case has already been accepted in a court to dissove my partnership I meet those requirements. Could the judge now state that hes dimsssing the case for lack of prosecution but would that constitute a reguirment for prejudice?
Yes, a judge can dismiss a case for lack of prosecution, but it must meet specific criteria:
- Lack of activity by the plaintiff.
- Failure to comply with court orders.
- Substantial delay in prosecution.
Dismissing with prejudice usually requires a clear indication that the case lacks merit or involves procedural violations.
Have you considered requesting a hearing to address any procedural issues and clarify your position?
- Lack of activity by the plaintiff.
- Failure to comply with court orders.
- Substantial delay in prosecution.
Dismissing with prejudice usually requires a clear indication that the case lacks merit or involves procedural violations.
Have you considered requesting a hearing to address any procedural issues and clarify your position?
Does mistackingly missing a hearing while recently being diagnosed with having stage * kidney disease meet the rquirment for procedural violations? It sounds to me like I would have had to been involved in a pattern of procedural violations. Right?
Missing one hearing due to a severe medical condition like stage * kidney disease could be seen as an excusable circumstance, not necessarily a procedural violation. However, it depends on the specific facts and the judge's discretion.
Have you submitted medical documentation to the court explaining your condition and the reason for missing the hearing?
Have you submitted medical documentation to the court explaining your condition and the reason for missing the hearing?
I offerred to provide it at the hearing but the judge did not request it.
Missing a hearing due to a severe medical condition like stage * kidney disease should generally be considered an excusable circumstance.
Here are some steps you can take:
- Submit Medical Documentation: Provide the court with your medical records and a doctor's note explaining your condition.
- Request a Hearing: File a motion to request a hearing to present your medical documentation and explain your situation.
Would you like more information on how to file a motion to request a hearing?
Here are some steps you can take:
- Submit Medical Documentation: Provide the court with your medical records and a doctor's note explaining your condition.
- Request a Hearing: File a motion to request a hearing to present your medical documentation and explain your situation.
Would you like more information on how to file a motion to request a hearing?
I had the hearing last monday and the I explained how I truly missed the email. He asked me alot of questions about it which i naswered honestly.
It seems like you have substantial evidence and a legitimate reason for missing the hearing. Here are some steps you might consider:
- Follow-Up Motion: File a follow-up motion to submit your medical documentation formally.
- Appeal: Be prepared to appeal the dismissal if your motion is denied, emphasizing your medical condition and evidence of fraud.
Would you like more details on how to file an appeal in Massachusetts?
- Follow-Up Motion: File a follow-up motion to submit your medical documentation formally.
- Appeal: Be prepared to appeal the dismissal if your motion is denied, emphasizing your medical condition and evidence of fraud.
Would you like more details on how to file an appeal in Massachusetts?
i filed a follow up motion yesterday reempahzing that to dismiss my case with prejudice would be agaisnt r.i. partnership law as I need a court to "wind up" the financial affairs of it. In addition i repeated irreparable harms citing new evidence - the defendant just bought a judgement against me (procedurally won but I am not guilty of the crime as its in furtherance of the partners misconduct) for $*,* and if they case is dimsissed thatey will be able to puruse collection against me putting liens on my other cases and etc.
It sounds like you've taken important steps to address your situation, including filing a follow-up motion and presenting new evidence. Since the dismissal could lead to significant financial harm and you have substantial evidence of fraud and misconduct, you've built a strong case.
Would you like more information on how to strengthen your appeal or any specific legal procedures in Massachusetts?
Would you like more information on how to strengthen your appeal or any specific legal procedures in Massachusetts?
Ok. then we will wait. Thank you!
Given the complexity and the substantial evidence you have, it seems like your case has strong grounds for further legal action. Best of luck with your proceedings!
If you need more information or assistance in the future, feel free to reach out. Take care!
If you need more information or assistance in the future, feel free to reach out. Take care!
In another court case I want to get the evidence of testimonial on the stand under oath? How do i get that testimonial? Do I call the clerk?
To obtain testimonial evidence under oath, you generally need to subpoena the witness to testify in court. Here are the steps:
*. Subpoena: Request a subpoena from the court to compel the witness to testify.
*. Serve Subpoena: Ensure the subpoena is properly served to the witness.
*. Coordinate with Clerk: Contact the court clerk for procedural guidance and necessary forms.
Have you already identified the witness you need to subpoena?
*. Subpoena: Request a subpoena from the court to compel the witness to testify.
*. Serve Subpoena: Ensure the subpoena is properly served to the witness.
*. Coordinate with Clerk: Contact the court clerk for procedural guidance and necessary forms.
Have you already identified the witness you need to subpoena?
Im sorry. The witness has already tetified and now I want to use that testimony as evidence in an another court proceeding in massachusetts appeals court. I have the deposition of the witness basically saying the fame things but I thought the actuall testimony would be powerful. Am I right?
Yes, using actual testimony can be powerful. Here’s what you can do:
- Transcript: Obtain a certified transcript of the previous testimony.
- Deposition: Use the deposition if it corroborates the testimony.
- Court Records: Contact the court clerk to get the official transcript.
Would you like more details on how to obtain the transcript or any other specific guidance?
- Transcript: Obtain a certified transcript of the previous testimony.
- Deposition: Use the deposition if it corroborates the testimony.
- Court Records: Contact the court clerk to get the official transcript.
Would you like more details on how to obtain the transcript or any other specific guidance?
Yes. How do I get the certified transcript?
To obtain a certified transcript in Massachusetts:
*. Contact the Court Clerk: Request the transcript from the clerk of the court where the testimony was given.
*. Fill Out a Request Form: Complete any required forms for transcript requests.
*. Pay Fees: Be prepared to pay any associated fees for the transcript.
Would you like more details on any of these steps?
*. Contact the Court Clerk: Request the transcript from the clerk of the court where the testimony was given.
*. Fill Out a Request Form: Complete any required forms for transcript requests.
*. Pay Fees: Be prepared to pay any associated fees for the transcript.
Would you like more details on any of these steps?
This was in a federal rhode island court.
To obtain a certified transcript from a federal Rhode Island court:
*. Contact the Court Clerk: Reach out to the clerk of the federal court where the testimony was given.
*. Request Form: Complete any necessary forms for requesting the transcript.
*. Pay Fees: Be prepared to pay any fees associated with the transcript request.
Would you like more details on how to contact the court clerk or any other specific guidance?
*. Contact the Court Clerk: Reach out to the clerk of the federal court where the testimony was given.
*. Request Form: Complete any necessary forms for requesting the transcript.
*. Pay Fees: Be prepared to pay any fees associated with the transcript request.
Would you like more details on how to contact the court clerk or any other specific guidance?
In addition how do i request the names of the attorney's prosecuting the case?
To request the names of the attorneys prosecuting the case in a federal Rhode Island court, you can follow these steps:
*. Contact the Court Clerk: Reach out to the clerk of the federal court where the case is being heard.
*. Case Information: Provide the case number and other relevant details.
*. Request Attorney Information: Ask specifically for the names of the prosecuting attorneys associated with the case.
Would you like more details on how to contact the court clerk or any other specific guidance?
*. Contact the Court Clerk: Reach out to the clerk of the federal court where the case is being heard.
*. Case Information: Provide the case number and other relevant details.
*. Request Attorney Information: Ask specifically for the names of the prosecuting attorneys associated with the case.
Would you like more details on how to contact the court clerk or any other specific guidance?
can i ask for that written information as well as the transcript?
Yes, you can request both the written information and the transcript. Here’s how:
*. Contact the Court Clerk: Reach out to the federal Rhode Island court clerk where the testimony was given.
*. Request Form: Complete any necessary forms for requesting the transcript and attorney information.
*. Pay Fees: Be prepared to pay any associated fees for these requests.
Would you like more specific instructions on how to contact the court clerk?
*. Contact the Court Clerk: Reach out to the federal Rhode Island court clerk where the testimony was given.
*. Request Form: Complete any necessary forms for requesting the transcript and attorney information.
*. Pay Fees: Be prepared to pay any associated fees for these requests.
Would you like more specific instructions on how to contact the court clerk?
thank you! I will do it today.
You're welcome! Best of luck with your proceedings. Feel free to reach out if you need any more help in the future. Take care!
Question: I am in appeals court in MA and have two pending court cases for damages due to an illegal forclosure and subsequent eviction. I just was evicted by a sherriff due to the housing court's execution to evict. I am a victim. i just got an invoice from the warehouse that was used to take my belongings out of my home afther I recieved a * hour notice for $*. Needless to say I did not hire or auhorize their services. Is there anything I can do?
You can take the following steps:
- Dispute the Invoice: Contact the warehouse and dispute the charge, explaining you did not authorize the service.
- File a Complaint: Consider filing a complaint with the Massachusetts Consumer Protection Division.
- Seek Legal Advice: Consult with a legal aid organization for guidance on your rights and possible next steps.
Would you like more information on how to file a complaint or contact legal aid organizations?
- Dispute the Invoice: Contact the warehouse and dispute the charge, explaining you did not authorize the service.
- File a Complaint: Consider filing a complaint with the Massachusetts Consumer Protection Division.
- Seek Legal Advice: Consult with a legal aid organization for guidance on your rights and possible next steps.
Would you like more information on how to file a complaint or contact legal aid organizations?
I want to keep everything in writing but in the invoice it reads according to massachusetts law xxxwarehouse has a lien on my property. What Massachusetts law? they dont list the law.
In Massachusetts, warehouse liens are generally governed by the Uniform Commercial Code (UCC), specifically:
- UCC Section *-*: Gives warehouses the right to place a lien on stored goods for charges related to storage or transportation.
- Massachusetts General Laws Chapter *, Article *: Covers warehouse receipts, bills of lading, and other documents of title.
Would you like more information on how to dispute the lien or contact legal aid for assistance?
- UCC Section *-*: Gives warehouses the right to place a lien on stored goods for charges related to storage or transportation.
- Massachusetts General Laws Chapter *, Article *: Covers warehouse receipts, bills of lading, and other documents of title.
Would you like more information on how to dispute the lien or contact legal aid for assistance?
Dont I have to hire them for their services?
In Massachusetts, under the UCC and state laws, a warehouse can place a lien on your property for services rendered, even if you did not directly hire them. This is often due to the warehouse acting under court orders in eviction cases.
You might want to:
- Dispute the Invoice: Write to the warehouse explaining that you did not authorize their services.
- Legal Aid: Seek assistance from legal aid organizations to help dispute the lien and invoice.
Would you like more details on how to formally dispute this or contact legal aid in Massachusetts?
You might want to:
- Dispute the Invoice: Write to the warehouse explaining that you did not authorize their services.
- Legal Aid: Seek assistance from legal aid organizations to help dispute the lien and invoice.
Would you like more details on how to formally dispute this or contact legal aid in Massachusetts?
How to formally dispute this please.
To formally dispute the invoice and lien, follow these steps:
*. Draft a Dispute Letter:
- Clearly state that you did not authorize the service.
- Mention the specific Massachusetts laws (UCC Section *-* and Massachusetts General Laws Chapter *, Article *).
- Request a detailed explanation of the charges and the legal basis for the lien.
*. Send the Letter:
- Send the dispute letter via certified mail to the warehouse to ensure proof of delivery.
*. File a Complaint:
- File a complaint with the Massachusetts Consumer Protection Division if the warehouse does not respond satisfactorily.
Would you like more details on how to contact legal aid organizations for further assistance?
*. Draft a Dispute Letter:
- Clearly state that you did not authorize the service.
- Mention the specific Massachusetts laws (UCC Section *-* and Massachusetts General Laws Chapter *, Article *).
- Request a detailed explanation of the charges and the legal basis for the lien.
*. Send the Letter:
- Send the dispute letter via certified mail to the warehouse to ensure proof of delivery.
*. File a Complaint:
- File a complaint with the Massachusetts Consumer Protection Division if the warehouse does not respond satisfactorily.
Would you like more details on how to contact legal aid organizations for further assistance?
see above
To formally dispute the invoice and lien, follow these steps:
*. Write a Dispute Letter: Address it to the warehouse, explaining that you did not authorize their services and are disputing the charges.
*. Include Evidence: Attach any relevant documentation, such as court orders or eviction notices.
*. Send via Certified Mail: Ensure you have proof of delivery.
*. File a Complaint: Consider filing a complaint with the Massachusetts Consumer Protection Division.
Would you like more information on contacting legal aid for further assistance?
*. Write a Dispute Letter: Address it to the warehouse, explaining that you did not authorize their services and are disputing the charges.
*. Include Evidence: Attach any relevant documentation, such as court orders or eviction notices.
*. Send via Certified Mail: Ensure you have proof of delivery.
*. File a Complaint: Consider filing a complaint with the Massachusetts Consumer Protection Division.
Would you like more information on contacting legal aid for further assistance?
I have a copy of the * hour notice and the Execution for possession and money judgement by Southeast Housing Court . Could you please compose the letter?
Sure, here's a draft letter for you to dispute the invoice and lien:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Warehouse Name]
[Warehouse Address]
[City, State, ZIP Code]
Subject: Dispute of Unauthorized Invoice and Lien
Dear [Warehouse Manager's Name],
I am writing to formally dispute the invoice (# [Invoice Number]) dated [Date], amounting to $*,*, which I received from your warehouse. This invoice pertains to the storage and handling of my personal belongings following an eviction executed by the Southeast Housing Court.
I did not hire or authorize your services, nor was I given prior notice or the opportunity to consent to such arrangements. According to Massachusetts law, specifically the Uniform Commercial Code (UCC) Section *-* and Massachusetts General Laws Chapter *, Article *, while a warehouse may place a lien on stored goods for services rendered, it is typically required that such services be agreed upon by the property owner.
Enclosed, please find copies of the *-hour notice and the Execution for Possession and Money Judgment issued by the Southeast Housing Court.These documents will demonstrate that I did not authorize your services. Therefore, I request the following:
*. Immediate cancellation of the invoice (# [Invoice Number]) amounting to $*,*.
*. Removal of any lien placed on my personal property due to this invoice.
Please confirm receipt of this letter and provide a written response within 14 days. If I do not receive a satisfactory resolution, I will have no choice but to file a formal complaint with the Massachusetts Consumer Protection Division.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like more information on how to contact legal aid in case you need further assistance?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Warehouse Name]
[Warehouse Address]
[City, State, ZIP Code]
Subject: Dispute of Unauthorized Invoice and Lien
Dear [Warehouse Manager's Name],
I am writing to formally dispute the invoice (# [Invoice Number]) dated [Date], amounting to $*,*, which I received from your warehouse. This invoice pertains to the storage and handling of my personal belongings following an eviction executed by the Southeast Housing Court.
I did not hire or authorize your services, nor was I given prior notice or the opportunity to consent to such arrangements. According to Massachusetts law, specifically the Uniform Commercial Code (UCC) Section *-* and Massachusetts General Laws Chapter *, Article *, while a warehouse may place a lien on stored goods for services rendered, it is typically required that such services be agreed upon by the property owner.
Enclosed, please find copies of the *-hour notice and the Execution for Possession and Money Judgment issued by the Southeast Housing Court.These documents will demonstrate that I did not authorize your services. Therefore, I request the following:
*. Immediate cancellation of the invoice (# [Invoice Number]) amounting to $*,*.
*. Removal of any lien placed on my personal property due to this invoice.
Please confirm receipt of this letter and provide a written response within 14 days. If I do not receive a satisfactory resolution, I will have no choice but to file a formal complaint with the Massachusetts Consumer Protection Division.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like more information on how to contact legal aid in case you need further assistance?
see above
Sure, here's a sample dispute letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Warehouse Name]
[Warehouse Address]
[City, State, ZIP Code]
Subject: Dispute of Unauthorized Invoice and Lien
Dear [Warehouse Name],
I am writing to formally dispute the invoice dated [Invoice Date] for $* and the associated lien on my property. This invoice is related to the removal and storage of my belongings following an eviction from [Address of Evicted Property].
I did not authorize your services, nor did I hire your company to handle my belongings. The eviction was executed by the Southeast Housing Court, as indicated in the attached *-hour notice and Execution for Possession and Money Judgment. I was not given an opportunity to choose or approve a service provider for the removal and storage of my property.
Therefore, I request that you:
*. Void the Invoice: Remove the $* charge from my account as it was unauthorized.
*. Release the Lien: Remove the lien on my property immediately.
Please find attached copies of the relevant court documents for your reference.I hope we can resolve this matter amicably. Should you have any questions or require further information, please do not hesitate to contact me.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like more help with this or any other legal matters?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Warehouse Name]
[Warehouse Address]
[City, State, ZIP Code]
Subject: Dispute of Unauthorized Invoice and Lien
Dear [Warehouse Name],
I am writing to formally dispute the invoice dated [Invoice Date] for $* and the associated lien on my property. This invoice is related to the removal and storage of my belongings following an eviction from [Address of Evicted Property].
I did not authorize your services, nor did I hire your company to handle my belongings. The eviction was executed by the Southeast Housing Court, as indicated in the attached *-hour notice and Execution for Possession and Money Judgment. I was not given an opportunity to choose or approve a service provider for the removal and storage of my property.
Therefore, I request that you:
*. Void the Invoice: Remove the $* charge from my account as it was unauthorized.
*. Release the Lien: Remove the lien on my property immediately.
Please find attached copies of the relevant court documents for your reference.I hope we can resolve this matter amicably. Should you have any questions or require further information, please do not hesitate to contact me.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like more help with this or any other legal matters?
Should i add that if i had hired you it would have been to move my property to the place that I moved too and now call home, * Oak Street, Noton Massachusetts and not your warehouse.
It's a good idea to clarify where you would have wanted your property moved. Here's the revised letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Warehouse Name]
[Warehouse Address]
[City, State, ZIP Code]
Subject: Dispute of Unauthorized Invoice and Lien
Dear [Warehouse Name],
I am writing to formally dispute the invoice dated [Invoice Date] for $* and the associated lien on my property. This invoice is related to the removal and storage of my belongings following an eviction from [Address of Evicted Property].
I did not authorize your services, nor did I hire your company to handle my belongings. The eviction was executed by the Southeast Housing Court, as indicated in the attached *-hour notice and Execution for Possession and Money Judgment. I was not given an opportunity to choose or approve a service provider for the removal and storage of my property. If I had hired such services, it would have been to move my property to my new residence at * Oak Street, Norton, Massachusetts, and not to your warehouse.
Therefore, I request that you:
*. Void theInvoice: Remove the $* charge from my account as it was unauthorized.
*. Release the Lien: Remove the lien on my property immediately.
Please find attached copies of the relevant court documents for your reference. I hope we can resolve this matter amicably. Should you have any questions or require further information, please do not hesitate to contact me.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like more help with this or any other legal matters?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Warehouse Name]
[Warehouse Address]
[City, State, ZIP Code]
Subject: Dispute of Unauthorized Invoice and Lien
Dear [Warehouse Name],
I am writing to formally dispute the invoice dated [Invoice Date] for $* and the associated lien on my property. This invoice is related to the removal and storage of my belongings following an eviction from [Address of Evicted Property].
I did not authorize your services, nor did I hire your company to handle my belongings. The eviction was executed by the Southeast Housing Court, as indicated in the attached *-hour notice and Execution for Possession and Money Judgment. I was not given an opportunity to choose or approve a service provider for the removal and storage of my property. If I had hired such services, it would have been to move my property to my new residence at * Oak Street, Norton, Massachusetts, and not to your warehouse.
Therefore, I request that you:
*. Void theInvoice: Remove the $* charge from my account as it was unauthorized.
*. Release the Lien: Remove the lien on my property immediately.
Please find attached copies of the relevant court documents for your reference. I hope we can resolve this matter amicably. Should you have any questions or require further information, please do not hesitate to contact me.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
---
Would you like more help with this or any other legal matters?
`In my case the private lenders filed a petition under the provisions of the Soldier'and Sailors' civil Belief Act of * for the authority to forclsoe and the exercise of a power of sale. Howver they committed fraud upon the court becuase they knowingly were NOT conforming to the power of sale . By filing frudulent documents into the Superior Court and filing under this government provision does it violate any other laws othert than fraud upon the court?
The situation you're describing involves serious allegations of fraud and misuse of legal provisions. Here are some key points to consider:
- Fraud Upon the Court: Misrepresenting facts or submitting fraudulent documents to the court.
- Deceptive Practices: Potential violations of state and federal laws regarding deceptive business practices and consumer protection.
- Civil and Criminal Liability: The lenders could face civil penalties or criminal charges for fraudulent actions.
Would you like more information on how to pursue legal action or contact relevant authorities?
- Fraud Upon the Court: Misrepresenting facts or submitting fraudulent documents to the court.
- Deceptive Practices: Potential violations of state and federal laws regarding deceptive business practices and consumer protection.
- Civil and Criminal Liability: The lenders could face civil penalties or criminal charges for fraudulent actions.
Would you like more information on how to pursue legal action or contact relevant authorities?
But do their crimes elevate to another level because they violaited the sacred Soldier and sailors civil relief act?
Violating the Soldiers' and Sailors' Civil Relief Act (SSCRA) can indeed elevate the severity of the crimes. Here are some key points:
- SSCRA Violations: The Act provides protections to military members, and violations can result in severe penalties.
- Enhanced Penalties: Fraud involving SSCRA can lead to enhanced penalties, including criminal charges.
- Federal and State Laws: Violations may also breach federal and state fraud and consumer protection laws.
Would you like more information on how to report these violations or pursue legal action?
- SSCRA Violations: The Act provides protections to military members, and violations can result in severe penalties.
- Enhanced Penalties: Fraud involving SSCRA can lead to enhanced penalties, including criminal charges.
- Federal and State Laws: Violations may also breach federal and state fraud and consumer protection laws.
Would you like more information on how to report these violations or pursue legal action?
First I am providing the copy of the judgement and the evidence/proof to establish the fraud. Do you thaink that I should ask the court for a certified copy of the judgement ? Or I have a copy of ioot from lexis?
Yes, it is advisable to request a certified copy of the judgment from the court. This ensures that you have an official and recognized version of the document, which might be necessary for legal proceedings.
Would you like more information on how to request a certified copy from the court?
Would you like more information on how to request a certified copy from the court?
no thank you. I will get the certified copy. Thank you!
I'm glad I could assist you! If you need further legal advice or help in the future, feel free to reach out. Best of luck with your case!
Hi. I think Ive been going about gathering info. for my Mass. appeals brief wrong. Because im a pro se litigant I can opt to write and Informal Brief, which has a certain form. The first section is called Issues on Appeal wherby I must list the issue(s) that I am raising in this appeal and will discuss in my argument section. So would you please help me draft and write this section, moving from one section at at time to file the informal brief.
Sure, I'd be happy to help you draft the "Issues on Appeal" section for your informal brief. To get started, could you provide a brief summary of the key issues or errors you believe occurred in your case that you want to raise on appeal?
Firstly I might of made a mistake in my docketing statement as I incude fraud upon the court which the term was not used in any of my counterclaims. This is the merit of my appeal: On November *, * my lawyer at the time filed Respondent's Amended Answer and Counterclaims including * affirmative defenses, including predatory lending 183c, usury violations chapter * sec *, and others and a detailed case history and statement of facts . It was very extensive and on March *, * the lower court dimissed all of my counterclaims based on the statute of limitations . However the judge made a critical error which lead to 5 years of vixatious litigation,an illegal forclosure, and execution of an unaffordable appeal bond, having been acceptted as having indigent status and ultimately an eviction.
Let's begin drafting the "Issues on Appeal" section based on the key points you've mentioned. Here's a draft to get you started:
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Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
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Would you like to add any more details or specific points to any ofthese issues?
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
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Would you like to add any more details or specific points to any ofthese issues?
I was denied my constituinal rights to due process as my reguest for jury trial was stricken as my timely reguest for discovery.
Let's incorporate your due process concerns into the "Issues on Appeal" section. Here’s an updated draft:
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Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
*. Denial of Constitutional Rights to Due Process: My requestfor a jury trial was stricken, and my timely request for discovery was denied, violating my constitutional rights to due process.
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Would you like to add any more details or specific points to any of these issues?
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Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
*. Denial of Constitutional Rights to Due Process: My requestfor a jury trial was stricken, and my timely request for discovery was denied, violating my constitutional rights to due process.
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Would you like to add any more details or specific points to any of these issues?
Although on April *, * I won my appeal to this full panel appeal court it had been for procedural errors made by the lower court and not on the substantive rights my claims which I now am doing.
Got it. Here’s an updated draft of your "Issues on Appeal" section:
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Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
*. Denial of Constitutional Rights to Due Process: My request for a jury trial was stricken, andmy timely request for discovery was denied, violating my constitutional rights to due process.
*. Procedural Errors on Appeal: Although I won my appeal on April *, *, the decision was based on procedural errors made by the lower court and did not address the substantive rights of my claims.
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Would you like to proceed with drafting the next section, or do you have any other points to add to this section?
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Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
*. Denial of Constitutional Rights to Due Process: My request for a jury trial was stricken, andmy timely request for discovery was denied, violating my constitutional rights to due process.
*. Procedural Errors on Appeal: Although I won my appeal on April *, *, the decision was based on procedural errors made by the lower court and did not address the substantive rights of my claims.
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Would you like to proceed with drafting the next section, or do you have any other points to add to this section?
I was ordered to pay an unaffordable use and occupancy amount defined as interim use and occupancy leading to a payment of $* which when I could no longer pay the judge stroke me jury trail.
Got it. Here’s the updated "Issues on Appeal" section reflecting the unaffordable use and occupancy amount and its consequences:
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Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
*. Denial of Constitutional Rights to Due Process: My requestfor a jury trial was stricken, and my timely request for discovery was denied, violating my constitutional rights to due process.
*. Procedural Errors on Appeal: Although I won my appeal on April *, *, the decision was based on procedural errors made by the lower court and did not address the substantive rights of my claims.
*. Unaffordable Use and Occupancy Payment: I was ordered to pay an unaffordable use and occupancy amount of $*,*. When I could no longer pay, the judge struck my jury trial, further violating my rights and impacting my case.
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Would you like to proceed with drafting the next section, or do you have any other points to add to this section?
---
Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction: The culmination of the court's errors led to my eviction, compounding the financial and emotional harm experienced.
*. Denial of Constitutional Rights to Due Process: My requestfor a jury trial was stricken, and my timely request for discovery was denied, violating my constitutional rights to due process.
*. Procedural Errors on Appeal: Although I won my appeal on April *, *, the decision was based on procedural errors made by the lower court and did not address the substantive rights of my claims.
*. Unaffordable Use and Occupancy Payment: I was ordered to pay an unaffordable use and occupancy amount of $*,*. When I could no longer pay, the judge struck my jury trial, further violating my rights and impacting my case.
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Would you like to proceed with drafting the next section, or do you have any other points to add to this section?
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress including an illegal indigent hearing where the judge granted me and my family to be cross-examined by opposing counsel when this type of heraing is supposed by confidential between me and family members and the judge.
Here’s an updated draft of your "Issues on Appeal" section incorporating the illegal indigent hearing:
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Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress, including an illegal indigent hearing where my family and I were cross-examined by opposing counsel, which should have been confidential.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction*. Denial of Constitutional Rights to Due Process: My request for a jury trial was stricken, and my timely request for discovery was denied, violating my constitutional rights to due process.
*. Procedural Errors on Appeal: Although I won my appeal on April *, *, the decision was based on procedural errors made by the lower court and did not address the substantive rights of my claims.
*. Unaffordable Use and Occupancy Payment: I was ordered to pay an unaffordable use and occupancy amount of $*,*. When I could no longer pay, the judge struck my jury trial, further violating my rights and impacting my case.
---
Would you like to proceed with drafting the next section, or do you have any other points to add to this section?
---
Issues on Appeal
*. Statute of Limitations Error: The lower court dismissed all of my counterclaims based on the statute of limitations. I argue that this dismissal was in error because [specific reasons why the statute of limitations should not apply or was miscalculated].
*. Vexatious Litigation: The judge's critical error led to prolonged and vexatious litigation spanning five years, causing significant financial and emotional distress, including an illegal indigent hearing where my family and I were cross-examined by opposing counsel, which should have been confidential.
*. Illegal Foreclosure: The court's actions resulted in an illegal foreclosure on my property, despite evidence of predatory lending (Massachusetts General Laws Chapter 183C) and usury violations (Chapter *, Section *).
*. Unaffordable Appeal Bond: Despite being accepted as having indigent status, the lower court imposed an unaffordable appeal bond, effectively barring my access to justice.
*. Eviction*. Denial of Constitutional Rights to Due Process: My request for a jury trial was stricken, and my timely request for discovery was denied, violating my constitutional rights to due process.
*. Procedural Errors on Appeal: Although I won my appeal on April *, *, the decision was based on procedural errors made by the lower court and did not address the substantive rights of my claims.
*. Unaffordable Use and Occupancy Payment: I was ordered to pay an unaffordable use and occupancy amount of $*,*. When I could no longer pay, the judge struck my jury trial, further violating my rights and impacting my case.
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Would you like to proceed with drafting the next section, or do you have any other points to add to this section?
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