suing for fraud upon the court

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Latest post 10-23-2012 2:08 PM by ca19lawyer2. 13 replies.
  • 02-24-2012 11:23 AM

    suing for fraud upon the court

    I've helped someone do a prose petition.  He is suing for fraud and fraud upon the court against an attorney.  Yes, there's proof and he has strong case.  Here's the problem he has took the suit to the courthouse three times and each time they said they would take it to the judge.  the staff are very nervous when he comes in.  He cant get a new case number or any response to the suit against this attorney.  The courthouseseems to be reluctant to do anything, he turns it in and never hears anything.  He's asked for an explanation and noone seems to know what is going on.  So how can his petition to sue for fraud upon the court be heard?  He has very strong evidence that this lawyer suppressed the truth, falsified document, etc. but the court seems to be ignoring it.  Is it because they are trying to protect one of their own?  

  • 02-24-2012 11:47 AM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,140

    Re: suing for fraud upon the court

    Unless you are an attorney, you should not be helping your friend with a document like this one. It looks like the unauthorized practice of law. You could get into some serious legal problems of your own.

    I suspect, but cannot really prove it, that you have done something wrong here. That's another reason why your friend may be having problems.

    For example, does the document conform to any local court rules?  Did the paperwork include proof of service on the defendant? That's usually necessary.

    There are many other possibilities. I suggest your friend consult an attorney. 

  • 02-24-2012 12:52 PM In reply to

    Re: suing for fraud upon the court

    He has consulted with several attornies, they all said that he does have a case but none of them would get involved.  Two of them said it is unlikely that he would find one because they don't want to accuse or attack another attorney in the court room.  So he was recommended to sue based upon fraud upon the court, said to do it pro se.  He also sent a copy to the attorney and had proof of service, but the court workers say he has to pay a sherrif and have it served.  He has tried to ask what the fees were and the paperwork needed but gets the same result.  They keep telling him they aren't sure but would get back with him and they never do.  So is it possible they are trying to keep it out of the courtroom to protect one of their own.  It's a very small county, judges and lawyers all know each other.  Also his document does cite rules, case laws, etc..

  • 02-24-2012 12:59 PM In reply to

    Re: suing for fraud upon the court

    Lawyers sue lawyers all the time- shouldn't be a problem finding one if it is a valid case; tell him to go to the next county or two away.

  • 02-24-2012 1:02 PM In reply to

    Re: suing for fraud upon the court

    He apparently has no idea what he's doing wrong. Could be any one or more of many things. The people at the court aren't going to help him because they aren't allowed to give legal advice. He is supposed to KNOW what the fees are and KNOW what paperwork is required.

    There are lawyers who specialize in attorney malpractice and have no problem suing other attorneys. He may have to go out of town to get one.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-24-2012 1:16 PM In reply to

    Re: suing for fraud upon the court

    Letting a pro se applicant know the fees isn't legal advise.  I think it is a situation where nobody wants to get involved.  

  • 02-24-2012 1:40 PM In reply to

    Re: suing for fraud upon the court

    southeast:

    Letting a pro se applicant know the fees isn't legal advise.  

    That might be true.

    Still, as a pro se plaintiff, he has to know everything about everything just as a lawyer would, including knowing where to look for court fees.

    Using Cook County as an example, all I did was google it, the court website came up. I clicked on the link for filing fees and got this:

    http://12.218.239.52/forms/pdf_files/CCG0603.pdf

    There's are also links to court rules on this page:

    http://www.cookcountyclerkofcourt.org/?section=PROSEPage&PROSEPage=Court#Fees

    southeast:
    I think it is a situation where nobody wants to get involved.  

    I think it's more like nobody has to get involved.

    The reason he's getting nowhere is because he's done something wrong.

    For example, if he had properly filed and served the summons and complaint the summons would have given the defendant X number of days to file an answer. If no answer was filed he would have to move for a default judgment.

    You wrote that he "sent" the lawsuit to the defendant. Depending on the court level that might not be proper service. It's generally OK in small claims court, but generally requires a process server in higher courts.

    You also wrote that he cited statutes and cases in his lawsuit. That's also likely to be improper. In the opening complaint one genrally just lists the allegations. After the defendant files an answer, discovery ensues.

    Whatever county he is suing in, he ought to be able to get the local court fees off the court's website.

    As for the how, well, I posted a link to the page with the Illinois court rules.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-01-2012 12:59 PM In reply to

    Re: suing for fraud upon the court

    Good news, he finally got the system to take his complaint seriously.  Case was quickly settled, lawyer agreed to resign if he agreed to to proceed with criminal charges, lawyer agreed to compensate and give punitive damages.  So to sum things up, if the other lawyer lies and you can prove it was done purposely suing for fraud and fraud upon the court works.  This lawyer is no longer working and other lawyers are probably thinking twice about what they plead to the court thru motions, etc..  

  • 05-01-2012 1:22 PM In reply to

    Re: suing for fraud upon the court

    Meant to say if he agreed not to procedd criminally

  • 08-14-2012 2:14 PM In reply to

    Re: suing for fraud upon the court

    that's good to hear.  i'm having the same problem in nc. i can't find an attorney that wants to rat another attorney out.  i know i do have a case but don't know enough to go pro se.  did he get an attorney to file the complaint for him?

  • 10-22-2012 7:02 PM In reply to

    • jclark74
      Consumer
    • Not Ranked
    • Joined on 10-22-2012
    • IL
    • Posts 2

    Re: suing for fraud upon the court

    can u post the stepps to take because i am haveing the same  and email them to me please jayclark74@aol.com  pls help me 

  • 10-22-2012 7:35 PM In reply to

    Re: suing for fraud upon the court

    jclark74:

    can u post the stepps to take because i am haveing the same  and email them to me please jayclark74@aol.com  pls help me 

    Sorry, not gonna happen here.

    The following search contains resources for legal malpractice:

    https://www.duckduckgo.com/?q=illinois+legal+malpractice+attorney&t=i

    And here are the IL Rules of Civil Procedure:

    http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2017&ChapterID=56

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-23-2012 12:23 PM In reply to

    • jclark74
      Consumer
    • Not Ranked
    • Joined on 10-22-2012
    • IL
    • Posts 2

    Re: suing for fraud upon the court

    southeast can u email me on the proper stepps to take i really am haveing the same issues or even call me 773-905-2268   or email me jayclark74@aol.com    i really need the help asap thank you 

  • 10-23-2012 2:08 PM In reply to

    Re: suing for fraud upon the court

    southeast:
    I've helped someone do a prose petition.

    I'll have to assume you meant to say "pro se."  Query what sort of "help" you provided that does not constitute the unlicensed practice of law.

     

    southeast:
    Here's the problem he has took the suit to the courthouse three times and each time they said they would take it to the judge.
     

    Who are "they"?  What does "took the suit to the courthouse" mean?

     

    southeast:
    So how can his petition to sue for fraud upon the court be heard?

    First of all, "fraud upon the court" is not a recognized civil cause of action.  Second, I can only assume that your friend is screwing something up.  Obviously, however, I cannot know what he's screwing up, so it's impossible to suggest a solution (other than hiring a lawyer).

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