saint al Posted October 26, 2010 Report Share Posted October 26, 2010 (edited) Hey folks I've been busy lately doing research and filing complaints. A few years back I won two debt collection cases I have complain to the Bar on one which I've posted as "Wolves..." [can't remeber the rest need coffee] but anyway that had it ups and downs as is prayerfully up again. But I also sent a complaint to the Bar against an attorney at a law firm that rep. LVNV Funding. BACKGROUD:Lawyer filed a complaint for damages, Plaintiff is the owner pursuant to an assignment from Sears. The only thing attached to the complaint is a Sears card-member agreement with a date of 03/01 [alleged open date 12/1994] there is no name or account number mention. I found out about this lawsuit on the court's website I was never served process of this. Anyway I showed up told the judge this is not mine, went to mediation [still not mine] trial would be set in 90 days on the 89th day they voluntarily dismiss. A few months I filed a complaint to the Bar against one of the lawyers and on his last letter to the Bar in the last paragraph he said this: Lastly, during litigation [didn't happen] in County Court, Mr. Saint Al, alleged he was the victim of identity theft. [disputed with the cra] In response to his defense, I sent him a affidavit of fraud to be filled out and sworn [if in litigation why not use discovery]to in order to resolve the case. [ok where's the camera its a joke right] Mr. Saint Al failed to execute and return the affidavit of fraud. Therefore, [here it comes] instead of proceeding, my client decided to voluntarily dismiss the action. [the stench is overwhelming]This is code for sorry we got caught for filing a frivolous lawsuit. But what really cooked my goose is what the Bar's response was.THE FLORIDA BARSaint AlXXXXXXXFla. XXXXXRe: Our buddy that lawyer you complained aboutDear Saint AlAll documents and correspondence submitted have been carefully reviewed.Our buddy submitted his response to your complaint. There is no clear and convincing evidence [yeah if you're blind] to establish that the information supplied to our buddy from his client was false [wink] or fraudulant [wink, wink] nor did our buddy intended to make a false statement of fact...His client alleged that you owed the debt and based on our buddy's client's information our buddy filed suit in civil court [COME ON MAN] Be advised that the filing of an action or defense or simular actions taken for a client is not frivolous merely because the facts have not first been fully [how abount none] substantiated or because the lawyer expects to develop vital evidence only by discovery. [like an affidavit of fraud] What is required of, lawyers, however is that they inform themselve about the facts of their clients cases, and the applicable law and determine that they can make a good faith argument in support of their clients position.[let see no assignment,false agreement and no quoted law] ...The action is frivolous however, if the lawyer is unable either to make a good faith argument on the merits of the action taken...[what merits ?] There is insufficient evidence from the materials provided that our buddy has violated any of the rules adopted by The Sepreme Court of Florida which governs attorney discipline. Accordingly, continued disciplinary proceedings in this matter are inappropriate and our files has been closed. The computer record will be purged and the file destroyed one year from the date of closing.Signed: Your shifty leader [wink, wink]I know I'm no Perry Mason I see so much wrong here for example, "His client alleged I owed the debt", thats ok as long as you have the evidence to back it up. The Bar that is the arm of the highest court in Florida that is the rock of jurisprudence to quote allege as facts is beyond my understanding. The overlook their own rule that the lawyer must establish facts to support his clients position and try to give the attorney an exist saying that its not frivolous because it doesn't have to be FULLY develop well fully does not mean no development.I sent another letter re-opening this case, I'll post it later and update yall on further developments. Give me your input as it is always helpful. Be Bless! S.A. Edited October 26, 2010 by saint al Link to comment Share on other sites More sharing options...
saint al Posted October 27, 2010 Author Report Share Posted October 27, 2010 Link to comment Share on other sites More sharing options...
Massive Posted October 27, 2010 Report Share Posted October 27, 2010 It's right out in the open isn't it. I'm with you all the way. Link to comment Share on other sites More sharing options...
BV80 Posted October 27, 2010 Report Share Posted October 27, 2010 Saint Al,Does it really surprise you. The phrase "honor among thieves" comes to mind. Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 It's right out in the open isn't it. I'm with you all the way.Its so out there that its is frightning. I mean I know this sought of thing goes on all the time but here's the problem just like cancer if as a society we just keep looking at this business as usual the problem only festers and gets worse. Look at the current news which criminals get away with the largest crimes financially. I use to think Banks but I put the Lawyer at the top b/c although banks are the originator of mortgages, foreclosures and credit debt who is it that handles the dirty work when come to fraud from the inside, who is that gets away with billions in ponzi schemes. This can't all be just a coincident, its just a matter of time before if not already that will be no more justice when it doesn't matter if the law is broken if you're an attorney. Sorry to rant. Be Bless! S.A. Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 Saint Al,Does it really surprise you. The phrase "honor among thieves" comes to mind.Sadly no. Link to comment Share on other sites More sharing options...
Massive Posted October 28, 2010 Report Share Posted October 28, 2010 Saint Al,Does it really surprise you. The phrase "honor among thieves" comes to mind.But as admin would say, "Show me the case law." lol Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 28, 2010 Report Share Posted October 28, 2010 Lastly, during litigation [didn't happen]Yes it did, I think you are confused about the meaning of litigation.sent him a affidavit of fraud to be filled out and sworn [if in litigation why not use discovery]This is discovery. Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 Yes it did, I think you are confused about the meaning of litigation.This is discovery. I was not served process papers, litigation cannot began until papers are served, no discovery nada. My bad for not mentioning that, I know what litigation means. It was the main reason for voluntary dismissal, they didn't say that but every due process starts with being served a summons. No summons no case. No case no litigation or discovery. Be Bless! s.A. Link to comment Share on other sites More sharing options...
Massive Posted October 28, 2010 Report Share Posted October 28, 2010 I was not served process papers, litigation cannot began until papers are served, no discovery nada. My bad for not mentioning that, I know what litigation means. It was the main reason for voluntary dismissal, they didn't say that but every due process starts with being served a summons. No summons no case. No case no litigation or discovery. Be Bless! s.A.I agree, he just wasn't up to date on the situation. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 28, 2010 Report Share Posted October 28, 2010 Story dosn't really add up, how in the world was this set down for a trial if you were not served? Link to comment Share on other sites More sharing options...
Randall948 Posted October 28, 2010 Report Share Posted October 28, 2010 Sewer service comes to mind? Fraudulent affadavits anyone? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 28, 2010 Report Share Posted October 28, 2010 No. Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 No.Can you understand now why I went to the Bar with my complaint. I can't tell you why or how it happen but it did. Be Bless! S.A. Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 Story dosn't really add up, how in the world was this set down for a trial if you were not served?Duh! Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 Sewer service comes to mind? Fraudulent affadavits anyone?Something had to stink to get it that far. Link to comment Share on other sites More sharing options...
Massive Posted October 28, 2010 Report Share Posted October 28, 2010 Something had to stink to get it that far.Put some of these bogus process servers in jail and that might stem the tide a little bit. Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 Put some of these bogus process servers in jail and that might stem the tide a little bit.Massive I think that may stirke a nerve with usctro.. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 28, 2010 Report Share Posted October 28, 2010 Still makes absolutely no sense at all. Did you challenge the service? did you file a motion to dismiss based on lack of personal jurisdiction? If you did what happened at that hearing? Really still just does not add up at all. Link to comment Share on other sites More sharing options...
saint al Posted October 28, 2010 Author Report Share Posted October 28, 2010 Still makes absolutely no sense at all. Did you challenge the service? did you file a motion to dismiss based on lack of personal jurisdiction? If you did what happened at that hearing? Really still just does not add up at all.Whoa! Whoa! hold on partner when this happen my post count was around 3 I was new to this a very nervous. I had no idea what a strike was and a motion was what I was doing to get myself to court.Once in pre-trial I told the judge I was not served notice, she ask how'd I get there and I told her on the courts website. I told her I don't even have a copy of the complaint [she had the clerk to make a copy] then she ask me was this my debt I said no,she then set it for mediation and then it was set for trial, I didn't at the time knew to strike anything. Be Bless! S.A. Link to comment Share on other sites More sharing options...
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