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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.

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Lucy, Esq.

Juris Doctor

 
29,202 satisfied customers
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.

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Asad Rahman

Attorney

J.D.

 
2,272 satisfied customers
False police report

What are the elements of a "false police report" and do they apply here... I have a situation where just over one year ago, a group of men found out that I would be suing them someday and they have gone to great lengths to discredit me in every way they can. The ultimate goal looks like it was to try to have me declared incompetent. I've recently discovered over 40 pages from the local mental health department that outline a years effort to file numerous false reports stating that I was schizophrenic, bipolar, borderline personality disorder... You name it and they said it at one time. Not a word of it is true. Those reports led me to five police reports claiming that I was dangerous and suicidal. It's crazy but one of the first reports talks about how they "needed to collect more evidence in the form of reports" and they sure did... But not a thing they said is true. But, filing a false report isn't a crime unless it impedes on a criminal investigation right? They weren't reporting a crime per say, they were just trying to build up a history of terrible behaviors for the record. Do I have criminal conduct here? I know I've got defamation and perhaps harassment in civil court but what about criminal?

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Zoey, JD

Doctoral Degree

 
28,308 satisfied customers
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?

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Roger

Litigation Attorney

Doctoral Degree

 
32,850 satisfied customers
The order of protection is based on a third party statement

The order of protection is based on a third party statement and a prior order that was suppose to have been issued eight years ago. After researching there was no order.

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Lucy, Esq.

Juris Doctor

 
29,202 satisfied customers
Can I sue on someone that files a false order of protection

Can I sue for harrasment on someone that files a false order of protection

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Lucy, Esq.

Juris Doctor

 
29,202 satisfied customers
I had filed a prose lawsuit against a midsize publicly

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.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,310 satisfied customers
EDUCATOR: My ex lawyer sued me money

My ex lawyer sued me for additional money beyond what I paid him for his services. The case went to GD Virginia Beach he was denied and then he appealed lost on an appeal, and the circuit court judge his decision is final he also denied his claim.I spend close 5004 on laywers fees , and 1400 pntravel and 1500 on lost wages .what is the recourse for me to recover my expenses is it "misuse of civil proceeding" fraudulent suit,unfounded suitDoes it have to be in Virginia Beach (original place for any dispute related to the contract with him) but I am guessing my suit is not related to the contract now, may be I can sue in my district Fairfax Virginia.What statute in the virginia code allows me to file this suitand what are the elements of 'farudulent lawsuit" because the fact he did not win does not mean he had a frivolous suit he could not prove I owe him money ,what is reimbursable I am seeking to recover my expenses

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,310 satisfied customers
Can I sue of Process? Nutshell: I have been living

Can I sue for Abuse of Process?Nutshell: I have been living in Pasadena CA since 2010.In 2013 Discover Bank sued me in Santa Barbara, CA.They claimed substitute service and proceeded to get a default judgment in my absence (with proceedings taking place in March, April, July and September of 2013).I found out about the judgment in mid 2015 (on my credit report), and filed a motion to set aside the judgment and quash service of summons. It was granted (Oct 2015).In Feb 2016, Discover Bank moved for a change of venue and stated in their declaration (explicitly!) that they knew back in January and March of 2013 that the service of summons was defective and that I resided in Los Angeles County. (The judge granted the xfer of venue, claiming the SB court officially never had jurisdiction).Thus, Discover willfully and knowingly used the SB court to obtain a default judgment against me when they knew the court had no jurisdiction and that I wouldn't be able to defend myself. (And ALL of this is stated explicitly in Plaintiff's own declarations, memorandums, and requests!)I have lost substantial amounts of money and time, as well as embarrassment at having a public record showing a (false) judgment against me.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,310 satisfied customers
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