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Law Educator, Esq. (ONLY) (This is on the affirmative

Law Educator, Esq. (ONLY)(This is...
Law Educator, Esq. (ONLY)(This is on the affirmative defenses)This is my first defense below
There are overwhelming newly discovered clear and undeniable evidences that proved that the plaintiff Committed fraud against the defendant and against the Court by fabricating invoices, falsifying entries, tampering with physical evidences and plaintiff testified to the fraudulent invoices in Court as legally defendant’s debt, then falsely misrepresented the invoices to court as defendant true invoices to deceive the Court to gain the contract collection judgment
1. Should I write more on it? or it is enough like that
2. Should I break it in two and one will be that the plaintiff committed fraud against the defendant and against the Count and the other will be about the plaintiff misrepresented wrong invoice to Court to win judgment.I read a while ago when I was doing research that fraud and misrepresentation are different that one has to plead them properly
(This is the regular woman)
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1/16/2018
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 124,186
Experience: Attorney At Law handling education matters.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

For fraud you need to be specific and state what evidence you have discovered of the fraud. So you need to state exactly what the evidence is and how it is fraud.

You need to keep it as one, fraud against you is fraud on the court as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Thank you,
Below is the first defense, I added the evidences as you advised. Did I add too much or it's okay?There are several newly Discovered evidences found, that clearly and undeniably proved that plaintiff committed fraud upon the Court and upon the defendant by fabricating invoices falsifying entries in the invoices and after the invoices were given to the defendant and after the invoices were filed as exhibit during the PJR trial, evidences prove that before the trial started plaintiff tampered with the invoices to conceal the evidences of fraud and uttering several entries in the invoice with the purpose to impair its verity and plaintiff falsely and unfairly used such documents in court knowing they were false to mislead the court to obtain the contract collection judgment contrary to CT Criminal Code 53a-155.The services that plaintiff rendered for the defendant is not up to the $7,780.00 that the plaintiff deceitfully took from defendant’s credit card. When defendant terminated the plaintiff’s services, plaintiff fraudulently created invoices with false entries, double entries inflated entries to defraud the defendant when defendant refused to pay the fraudulent bill, plaintiff’s filed complaint against her. As the case was going to trial plaintiff tampered with the physical evidences to conceal the evidences of fraud in them
The Newly discovered evidences prove that:
a. The plaintiff fabricated new pages of invoice for trial after the invoice was given to defendant and after invoice was filed as exhibit during PJR hearing
b. Plaintiff Falsified entries in the new pages of invoice fabricated
c. Plaintiff fraudulently created new invoices after the invoice was given to defendant and after it was filed as exhibit at the PJR hearing
d. Plaintiff fraudulently created October invoice of two pages that was never given to the defendant and was not given as exhibit during the PJR hearing and plaintiff falsely testified to that invoice as true invoice given to the defendant during the representation.
e. Evidences prove that plaintiff fabricated a new one page invoice, and the invoice and entries are dated after termination of plaintiff’s services
f. Plaintiff removed the last page of the second section of the invoice to conceal the fraudulent balance in the bill that did not make sense.
g. The plaintiff uttered many entries in the Single page that plaintiff put the total balance of the invoices to conceal several evidences of fraud.
h. The newly discovered invoices also prove that plaintiff fraudulently created the summary for the new fraudulent December invoice that plaintiff created for trial.(This is the regular woman)
.

Thank you for your reply.

That would be fine, since the court rule is fraud has to be specifically described.

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Customer reply replied 4 months ago
Thank you so much.
can I use emotional distress as a self defense?

thank you for your reply.

No, you cannot use emotional distress as a defense.

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Customer reply replied 4 months ago
But I can use it in Counterclaim?

Thank you for your reply.

Yes, you could use it as a counterclaim arguing his fraud was so outrageous it caused you to suffer the emotional distress.

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Customer reply replied 4 months ago
I think I read it in one blog that people are now using pain and suffering as a defense in foreclosure cases

Thank you for your reply.

It is emotional distress, not pain and suffering, similar.

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Customer reply replied 4 months ago
okay. I think I read that people are now using it as a defense in Foreclosure case

Thank you for your reply.

It has not been overly effective if they are using it and it is mainly pro se litigants using it.

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Customer reply replied 4 months ago
Okay. Is it advisable for me to use it?

Thank you for your reply.

I would suggest not using it and use emotional distress in your counter claim.

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Customer reply replied 4 months ago
Okay, thank you so much, I can not thank you enough.
This is my second defenses below do I have to add more?
Plaintiff committed fraud torts and in violation of 2005 Connecticut code -sec. 53a-155(a) (1) (2) (b) for fabricating invoices, falsifying entries tampering with Physically evidences and knowingly falsely and unfairness misrepresented the evidences to Court to obtain Judgment in the collection trial.

Thank you for your reply.

No that is sufficient.

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Customer reply replied 4 months ago
Thanks a lot.
This is the third defense below Is this enough or I explain some more?
Plaintiff’s conducts violates the Connecticut Unfair Trade Practices Act, C.G.S. SEC. 42-110(B in that the plaintiff does business in Connecticut and the plaintiff’s fraudulent misconducts and unfairness offends public policy, it is immoral, unethical, oppressive, and unscrupulous and has caused substantial injury to the defendant. .
(This is regular woman)

Thank you for your reply.

You need to say how it is immoral, unethical, oppressive etc. Just briefly, but you need to specify how it is those things.

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Customer reply replied 4 months ago
I need to send you a special thank you gift for your help today, Hahaha. Seriously you made this Answer and self defense way less difficult than I anticipated. Thank you so much.
This is my third defense below I added a lot, is this too much? and is it goodThe Plaintiff’s conducts violates the Connecticut Unfair Trade Practices Act, C.G.S. SEC. 42-110(B in that the plaintiff does business in the state of Connecticut and newly discovered evidences proved that plaintiff intentionally fabricated invoice, falsified outrageous entries of work not done for the defendant, tampered with Physical evidences and knowingly falsely and unfairly used the fraudulent invoices in Court to obtain Judgment in the Collection trial therefore unfairly taking the defendant through magnitude of physical, mental, emotional and financial anguish for the past 9 years. Defendant has suffered an ascertainable loss that was caused by the plaintiff’s conduct and unfair trade practice. Defendant has suffered ‘‘substantial injury’’ because she has spent thousands of dollars for the attorney she hired earlier, she has made monthly payment for years for attorney’s advice, she has paid thousands for proof reading, printing appellate briefs in two appeals, paying for transcripts, paying for filing motions and appeals among other expenses associated with litigating this case as a pro se for so many years.
Defendant often writes motions and briefs from her hospital room as she is often hospitalized because of her serious health problems. Defendant was writing motions in the hospital room when her mother was dying. She has had several sleepless nights writing motions and briefs. She had accidents and taken to hospital for exhaustion for not sleeping for days, not having time to eat because she was writing brief. She does not have the usual fun times with her family anymore as she is constantly in the Library doing research or writing motions or brief. Plaintiff is intentionally and unfairly taking the defendant through rigorous Court litigation knowing that the invoices were fraudulently created. Now plaintiff wants to foreclose and take possesion of her home because of fraudulent bill.The plaintiff’s fraudulent misconducts and unfairness offends public policy, it is immoral, unethical, oppressive, and unscrupulous.
(This is the regular)

Thank you for your reply.

It is not as difficult as you may think when you get going. Much of it is almost duplicated.

That is a good explanation.

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Customer reply replied 4 months ago
There is so much fear when starting something new. This is the first time I ma doing Answer, now I have this experience. Thanks a million.
this is my fourth and last defense below Yayyyyyy. is it okay?
The plaintiff’s attorney is in violation of Fair Debt Collection Practices Act § 807. 15 USC 1692e] (2). (A) (10) in that he was in possession of the invoices during the PJR hearing before the invoices was tampered with and he Conspired with plaintiff to tamper with physical evidences by (A) Fabricating a new page of invoice (B) bringing in entries from other pages of the invoice into the new page (C) By fraudulently adding the new page to the first page of the first invoice to create a new invoice (D) By creating a false balance on the fabricated invoice to deceive the Court that it was a true invoice giving to the defendant (E) by creating new December invoice (F) Evidences also prove that he conspired with plaintiff to utter many entries on the invoice with the purpose to impair their verity and used such invoices and the summary knowing they were false to mislead the court to obtain the contract collection judgment, therefore causing the defendant so much physical, emotional, mental and financial anguish by taking her through rigorous Court litigation. Plaintiff attorney’s fraudulent misconducts is a violation of the Fair Debt Collection Practices Act § 807. 15 USC because the plaintiff attorney is a debt collector and the FDCPA (15 U.S.C. § 1692 et seq.) regulates consumer debt collection practices by "debt collectors" (generally, collection agencies or others who regularly collect consumer debts on behalf of third parties) and The FDCPA, moreover, prohibits and imposes civil liability for false and misleading representations in the collection of a consumer debt ( 15 U.S.C. § 1692e) and for the use of unfair means in the collection of a consumer debt ( 15 U.S.C. § 1692f) and Supreme Court held that the FDCPA rule applied to attorneys who “regularly” engaged in consumer-debt-collection activities, even when that activity consists of litigation. Heintz v. Jenkins, 115 S.Ct. 1489 (1995).CAN I ADD PLAINTIFF FAILING TO NAME AN INDISPENSABLE PARTY IN THE CASE AS A SELF DEFENSE?

Thank you for your reply.

You are fine on the fourth defense as well.

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Customer reply replied 4 months ago
Thank you so muchCAN I ADD PLAINTIFF FAILING TO NAME AN INDISPENSABLE PARTY IN THE CASE AS A SELF DEFENSE?

It is not a "self defense" it is an affirmative defense and you need to change that in your pleadings. Yes, you can you can add in failure to add indispensable party.

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Customer reply replied 4 months ago
Good morning,
I will like to start by saying a big thank you for your outstanding help yesterday. My heart started skipping and I had to quickly leave the Computer yesterday. I started working on the Answer from 3AM and I was here working on it till almost 6PM in my bedroom. That is 15 hours straight. I did not step out of the room, did not eat, did not take my medication and I am still battling the flu. When my heart started to skip and I started having noise bleed I got up and I had to go downstairs to eat.
Yes, It is Affirmative defense that I wrote on the Answer, somehow I keep writing self defense here.
I added the failure to name indispensable party as the fifth defense and below is what I have. Did I add too much information?Plaintiff failed to name an indispensable party in the case. DR ------- is an indispensable party in this matter and not just a necessary party because he does "`not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such condition that its final termination may be wholly inconsistent with equity and good conscience. The plaintiff filed the suit and did not give him the opportunity to defend in the case; this will definitely impair his interest. Before Dr.-------- included defendant’s name in the property, there was an agreement between him and the defendant that he pays the down payment and that he will make the mortgage payment alone, that whenever the property is sold, the money he paid for the down payment will be deducted before any amount will be given to the defendant. DR. ---------- uses his down payment to pay down payment in another house whenever the property is sold, because he has been moving from one State to another for many years. So, the agreement is that his down payment belongs to him. This agreement has been acted upon and it is a valid agreement because (1) DR, ------------paid the down payment alone from his personal account (2) He has been religiously making the mortgage payments alone from his personal account (3) Defendant has not paid a dime on the property for the nine years since it was bought. DR, -------is the only one on the two Mortgage loans on the property from Huntington National Bank
Any judgment rendered in plaintiff’s favor in this matter in DR. -------- absence would be a violation of his right to due process guaranteed by the 14th Amendment of the United States Constitution, U.S. Const., Amdt. IV and the Constitution of the State of Connecticut. Conn Const., Art. I, § 10. DR. -------- has right to defend in this complaint and he was not named, in the collection case and was not named in this matter. Any judgment rendered in plaintiff’s favor in this matter in his absence would be inadequate as his interest will be prejudiced because (a) Foreclosing on the property will be infringing on his mortgage and the ownership of the property as well, defendant’s separate debt. (b) The fact that he is not named in this matter will impair or impede his ability to protect his down payment and other money that he has put in the property (c) This is a private home where DR. -------- has invested so much of his private money to be comfortable; foreclosing on that property will be very devastating to him and his children. it is unfair and unjust for plaintiff to seek the foreclosure of this property without naming him as foreclosure on it will be depriving Dr. -------- of this property without such due process and a right to be heard as guaranteed by the 14th Amendment of the United States Constitution, U.S. Const., Amdt. IV and the Constitution of the State of Connecticut. Conn Const., Art. I, § 10.

Thank you for your reply.

You need to not to forget to rate this question, it has gone on, as you noted, all day yesterday.

That is fine for the indispensable party.

Law Educator, Esq.
Category: Bankruptcy Law
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Customer reply replied 4 months ago
Thank you so much. I noticed that I needed to rate it, so I opened up another question.

Thank you!

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Customer reply replied 4 months ago
I have decided to pay for your lunch today to say thank you for yesterday. I will be putting $30 in the bonus for that. That you so much.

Thank you very much, although it is not necessary, it is appreciated.

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