Fraud upon the Court

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Latest post 02-23-2010 4:54 PM by Shemak. 16 replies.
  • 02-13-2010 7:08 PM

    • Shemak
      Consumer
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    • Joined on 02-13-2010
    • GA
    • Posts 9

    Fraud upon the Court

    I am looking for an attorney who would be interested in taking up a matter involving "fraud upon the court" by a judge.

     

     

     

     

     

     

     

     

     

     

     

     

     

  • 02-13-2010 7:11 PM In reply to

    Re: Fraud upon the Court

    Use the lawyer search feature to the right, google lawyers in your city, or use your local yellow pages and start making phone calls.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-13-2010 7:19 PM In reply to

    • Shemak
      Consumer
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    • GA
    • Posts 9

    Re: Fraud upon the Court

    I understand that this is a criminal matter. Since this matter involves a sitting judge, local/state/federal law enforcement agencies are not taking any action. As this is not a civil matter, I am not sure if calling attorneys using any published information will help.

  • 02-13-2010 8:34 PM In reply to

    Re: Fraud upon the Court

    There currently are no GA attorneys on the boards and site rules prohibit them from soliciting clients even if there were.  If you want to hire an attorney you are going to have to contact attorneys until you find one that you can work with and that will take the case. 

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 02-13-2010 9:07 PM In reply to

    Re: Fraud upon the Court

    Shemak:
    Since this matter involves a sitting judge, local/state/federal law enforcement agencies are not taking any action

    If local, state, and federal law enforcement agencies are not taking any action, then there is no action to take.

    Shemak:
    I am not sure if calling attorneys using any published information will help.

    There is no other way of getting an attorney.

    They aren't going to come to you by magic and they don't troll here looking for clients.

    Besides, what do you expect ANY attorney to do if local, state, and federal law enforcement agencies are not taking any action, and judges have immunity for the decisions they make?

    By the way, what did the judge do that got you so riled up?

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-13-2010 9:23 PM In reply to

    • Shemak
      Consumer
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    • Joined on 02-13-2010
    • GA
    • Posts 9

    Re: Fraud upon the Court

    Judges do not have immunity is cases involving fraud upon the court. If any law enforcement agency is not taking any action, that could be because of some other reason. As you would guess, most attorneys would not initiate action against a sitting judge.

  • 02-13-2010 10:20 PM In reply to

    Re: Fraud upon the Court

    Shemak:
    Judges do not have immunity is cases involving fraud upon the court

    I wouldn't swear to that.

    But it seems like it's just your opinion that the judge committed fraud upon the court. And nobody else shares it.

    If there is even such a thing as a judge committing fraud upon the court.

    What did he do, steal petty cash?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-14-2010 5:00 AM In reply to

    Re: Fraud upon the Court

    In general, "fraud on the court" refers to misconduct by a party and/or his attorney that is so serious that it undermines the integrity of the legal proceedings. Because the misconduct is directed to the court, it is hard to imagine circumstances in which the judge himself/herself commits "fraud on the court." However, I can't say that it would never occur, and of course it depends on the applicable state law. One of the problems with fraud on the court cases, however, is that usually the standard applied is a very high one—some states require clear and unequivocal evidence of the misconduct. Unless you have a very strong case, I can understand why lawyers would not be eager to take it on. You'll likely need to contact a number of lawyers in the state where this court is located to see if you can find a lawyer to take it.

  • 02-14-2010 6:59 AM In reply to

    • Shemak
      Consumer
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    • Joined on 02-13-2010
    • GA
    • Posts 9

    Re: Fraud upon the Court

    I would like to clarify. Fraud upon the court refers to misconduct by an "officer of the court" that undermines the integrity of the court. Judges and attorneys are officers of the court. I believe there is clear and unequivocal evidence of misconduct to prove fraud upon the court. No law enforcement agency having jurisdiction in the matter is stating that there is no fraud upon the court. I am given to understand that this is a federal violation. Based on my experience with attorneys in my state, I'll probably need to contact an out-of-state attorney.

  • 02-14-2010 7:42 AM In reply to

    Re: Fraud upon the Court

    "I believe there is clear and unequivocal evidence of misconduct to prove fraud upon the court."

    What kind of evidence?  What misconduct do you think occurred?  An out of state attorney might not be very useful unless s/he is familiar with GA laws.

     

  • 02-14-2010 9:58 AM In reply to

    Re: Fraud upon the Court

    Shemak:
    I would like to clarify.

    You haven't clarified anything.

    You keep insisting that a judge committed "fraud upon the court" but you have not deigned to explain what he did.

    Meantime, it seems more like a rant by somebody who is unhappy with a decision that went against him.

    If that's the case, then I suspect you won't be successful in your quest.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-14-2010 4:28 PM In reply to

    • Shemak
      Consumer
    • Not Ranked
    • Joined on 02-13-2010
    • GA
    • Posts 9

    Re: Fraud upon the Court

    As it is impossible for me explain the misconduct separately to each and every person interested in knowing about it, I suggest you see the Notice of Fraud upon the Court filed in the court case, which is public record. If you are an out-of-state attorney and would like to know the case number, please let me know your contact details and I will be happy to provide you with the case number and/or a copy of the notice which clearly describes the misconduct.

  • 02-15-2010 12:30 PM In reply to

    Re: Fraud upon the Court

    It only needs to be explained to those from whom you are seeking commentary. Otherwise you are asking us to tell you if a book is good based on looking at the cover. You can suggest that people see whatever you want, but realize that you are dealing with volunteers and asking people to give of their time to provide assitance to you - they are not about to go look up your court filings. If you're unable or unwilling to give an overview of the situation in a nutshell, then this forum isn't likely to benefit you beyond general commentary and you'll want to move on to retaining an attorney (and attorneys don't troll the forum looking for clients, you'll actually have to initiate some contact with them).

  • 02-15-2010 2:48 PM In reply to

    • Shemak
      Consumer
    • Not Ranked
    • Joined on 02-13-2010
    • GA
    • Posts 9

    Re: Fraud upon the Court

    In a nutshell, the judge has acted as if a third-party complaint existed, to produce a money judgment jointly and severally against me and that "third party" when, in fact, that "third-party complaint" never existed.

  • 02-15-2010 8:36 PM In reply to

    Re: Fraud upon the Court

    "I suggest you see the Notice of Fraud upon the Court filed in the court case, which is public record."

    Might help if you provided info on which court and what the parties names are.

     

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