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Recent Abuse of Process questions
What are the ways in which a case can be dropped or
What are the ways in which a case can be dropped or dismissed after the lawsuit is filed? You wouldn't believe what I've been through just to get the defendants served, every possible trick that can be played has been played. The politics involved here have made it unbelievably difficult to bring this case to court, the defendants are literately billionaires and have even gotten to my own attorney. I've been on this website on and off for over a year complaining about this case so the odds are, whoever picks this up might already be familiar with it. I'm the beneficiary of a trust and the trustees have commited a number of torts against me that include false imprisonment, abuse if process, intentional infliction of emotional distress, forgery, one heck of s case of defamation and more. I just served the petition last week but fought like crazy to get it done, my attorney had flat out disappeared and I had to track him down and threaten to hold him responsible for missing any dates. He was almost willing to accept a malpractice suit for not serving. My question is this, how could my case be dismissed or dropped at this point? The first status conference is on 9/15 and my attorney isn't lifting a finger. He said he could ask to extend the dates in order to find an attorney and I'm trying hard to do that but what should be happening at this point in the game? The trial date hasn't even been set yet, in fact, I haven't even received their answer yet but I know that it will basically say "to heck with you". I feel like my case is slipping away and definitely isn't being monitored, if there is a sneaky way of getting it dismissed these guys are sure to try it.
Neighbor keeps calling animal services on me dogs. Animal
Neighbor keeps calling animal services on me for my dogs. Animal service comes out issues a warning for removal of excrement.We pick up after our dogs. We share a yard with our other neighbors. TownhouseFirst time warning issued. My spouse and I were on vacation with both dogs in Wisconsin for 2 weeks. Warning was issues when we had been gone for 3 days.Ignored it and nothing was done.Now today neighbor called animal services.Warning was stuffed in the front door. Saying warning for city licenses, rabies control, spay / neuter, and removal of excrement.We have licenses, rabies, one dog is not neuter, and we clean up after our dogs immediately.Called animal services and told them it wasn't us. they said they knew that. Also stated the complaint was about us not the other neighbors.Was not a on-scene warning or verbally.animal service has never been present. They are just going off what the neightbor said.I just dont what to do about the neighbor complaining all the time. City just going off what neighbors says with no evidence. City said they have to do something with the amount of complaints.
Answer complicated eviction summons... I am being evicted
Answer for a complicated eviction summons... I am being evicted from a house in Kansas that's owned by a Missouri trust, the trust is for my benefit and mine only. I am being evicted because I filed a lawsuit against the trustees for some serious breaches of fiduciary duty and estate fraud. It's definitely retaliatory in nature and I can prove it. I actually have an email from them that says "just don't sue and you won't be evicted". Five years ago they deleted the purpose of the trust which was set up by my late grandfather. The purpose was to provide for "health, education, maintenance and support". In its place they gave themselves "absolute and sole discretion" and are now claiming they can do anything they want. Here's the thing, it's a Missouri trust but I live in Kansas so I filed a lawsuit in MO and they just filed in KS. I need to know how to answer this eviction, and I need specifics. Is there a form I use? Unfortunately I've run out of money and don't have time to find someone to help. Can I counter sue here? I know I can probably defer judgement to the other case but I would rather counter for damages, would "abuse of process" be pertinent since the eviction is retaliatory in nature? They have no legal basis for doing so. They are claiming that I'm being evicted so they can sell the house, and that I'm no longer a beneficiary because I have violated the no contest clause in the trust. This is simply not true but regardless, that's the claim. Do I submit the email showing that it's retaliatory with the answer? If possible, I would like to have it dismissed altogether... How do I word this? Do I simply say that they didn't have the right to remove the hems standard from the trust? That's kind of obvious but that's what the MO lawsuit will determine. I filed that lawsuit a month ago but it hasn't been served yet, can you think of any reason why that might hurt me? I'm hoping to get an attorney before I serve it but this eviction date is next week. Here's another interesting detail... There are five trustees and one of them is my mother. One makes all of the decisions and my mothers name is ***** ***** one mentioned in the lawsuit. My mother wants nothing to do with these men but they control her actions. I have her on record talking about how I will never be evicted and how she wants nothing to do with these guys... This should be an interesting eviction.
Is it illegal to trick someone into missing court? I
Is it illegal to trick someone into missing court? I received an eviction notice and it had a court date of July 21st listed on it. That was last week. Today, I checked the court website and saw that 5 hours after they filed the first eviction paperwork, they went back and changed it. There's a "cancelled answer date, was natured incorrectly" listed, then they filed an "alias" eviction that's scheduled for June 30th, that's the day after tomorrow. But here is the real kicker... I contacted their attorney and he told me that the process server did indeed deliver the June 30 alias and that the first petition was never even handed over. He sent me a copy of the affidavit from the server that said he delivered the alias at 1:00. Now, the attorney didn't know that I had seen the time stamps before he sent me these documents but the process server is flat out lying and I can prove it, the first petition was filed at 11:00 AM, then the alias at 4:00 PM, the man delivered the petition at 1:00 that same day so it couldn't have been the alias. So at this point I don't even know if those were cops that delivered the documents but I caught the landlord trying to pull a fast one here and would like to know if he's broke any laws.
In Texas on a revolving account, the creditor claims the charge
in Texas on a revolving account, the creditor claims the charge off date is with in the statuteof limitation,,,however they are hiding the last activity made by the account holder which was years before this on account opened in 1996... how doe the account holders last activity play into the statute of limitation when the creditor is extending the statute as a matter of course.
I was recently dismissed of all domestic violence charges
I was recently dismissed of all domestic violence charges which led to my arrest because it was uncovered that the person who made these accusations to the police concealed all their txt messages and emails - over 5000 - which were contemporaneous to the time the party alleged to have been harassed. He also, to sustain the charges coerced a key witness into signing a suporting affidavit under durress. That witness came forward and signed a sworn affidavit alleging to the coercion. The accuser also perjured his own supporting affidavit. All of the aforementioned are facts, not speculation. I am rightfully indignant the prosecuter did not choose to charge for coercion or perjury, which is their right, although I think it is ludicrous. Two questions - I want some recourse. I do not want advice on a civil suit - I want to know if there is ANY accountability for prosecuters who do not charge for actual, uncovered crimes, or are they actually 100% immune? More importantly, I want to know if I can now file a police report against the man who did this to me -- and what grounds if any would I have? I am ot an attorney, so in my laymen terms I would want to file a police report for - obstruction of justice? lying to a police officer? coercing a witness? Can I do this, or would the police not take this domestic incident report seriously if the prosecuter did not choose to file charges - or could I convince police to make the arrest because I also think making false accusations / concealing egregious amounts of evidence is using the police to harass innocen parties. I believe this individual MUST face criminal recourse for what has transpired and there must be a way in the law to hold him accountable for such criminal acts.
I have a question about abuse of process and how it relates
I have a question about abuse of process and how it relates to confidentiality agreements. A man hired a lawyer to facilitate my "involuntary commitment" to a mental institution based on absolutely no evidence that it was the appropriate thing to do. This attorney had been hired two weeks before and ended up being a great guy, he was disgusted about everything he had been through and heard about me but can't talk because he represented "them" and not me. Long story short, the commitment was only one of many acts committed over the last year by a man who has been trying to have me declared legally incompetent so I can't sue him. I've discovered a dozen false police reports and other evidence of abuse of process but the key to my case is really this attorney. He was supposedly hired "for me" and to help me get the best "care" possible but they are also saying that he can't offer his opinion about what happened because of this confidentiality agreement... It doesn't make sense and seems like a clear abuse of a legal process, am I wrong here?
I had filed a prose lawsuit against a midsize publiclyView more legal questions
I had filed a prose lawsuit against a midsize publicly traded bank for abuse of process in state court. The suit was dismissed on a summary judgement, the dismissal was not on the merits of the case but on venue. I had used a bankruptcy stay violation "only " as an example of the abuse and the judge (who is friends with defendants) said it should be handled in the bankruptcy court.This is now under appeal. The defendants have used a fraudulent TRO/preliminary injunction that prevents me from all income and property rights including paying my home mortgage ( now in foreclosure) and from refinancing or selling my business. My question is can I bring a separate 1983 action and or restraint of trade action in federal court while the state court appeal is pending. The federal claims are different from the state claims.