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Falsified Certification of Mailing by Attorney


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Hi,

 

In a Florida lawsuit, the Plaintiff's attorney mailed me a hearing notice, and certified that he mailed me the Notice of Hearing on a certain date. However, per the postmark, the envelope was not mailed until 3 days later. Local rules require the attorney to contact me prior to setting a Hearing. However, he never attempted to contact me, and certified in his Hearing Notice, he could not contact me "due to time constraints." I normally would not jump all over this, but the Plaintiff has already committed fraud in the case and their attorney has presented falsified records. Previously, the Plaintiff's attorney has also engaged in "sewer service" - filing a Hearing Notice with the Court, never serving me, and then holding the Hearing without my presence. The ruling that was made without my presence was set aside by the Court.

 

How material is the attorney's falsification of certifying a mailing date, and if it's a violation, how should I approach this with the Judge?

 

Thank you.

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The envelope is metered, with a digitized postmark. I called the manufacturer of the postage meter indicated next to the postmark, who verified the owner of the meter is the attorney for the Plaintiff. Therefore, he attested to mailing on the 5th, but did not put it in an envelope and add postage until the 8th. 

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I think if you pursue this you'll look like a crank to the court, and your own paperwork better be letter perfect thereafter. The only way this would be material is if it affected your case somehow. You know, if it arrived too late for you to attend the hearing and you lost your case, something like that. I'd let this one go.

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Ordinarily, I wouldn't care. But their prior unethical conduct has me scrutinizing everything. Racecar - great link - I already have filed a 57.105 Motion for Sanctions against them for some of their larger misdeeds, but it has not been heard yet.  I think this becomes an issue due to the Judge's local rule that parties must communicate prior to setting a Hearing, which they failed to do.

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Just keep a log of them failing to meet and confer,also anytime Plaintiff acts unethically or acts in bad faith.This is the Unclean hands doctrine.You will have the burden of proof on this.So keep good records. "those seeking equity must do equity"'unclean hands' can be used offensively by the plaintiff as well as defensively by the defendant. Its purpose is to protect the integrity of the court.

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Thanks for the helpful feedback, and I think I'll keep myself in check over this one. However, I think the frustration I feel is common for many in these disputes when a lawyer is caught in a lie, whether big or small. In another case I had recently, the attorney for the Plaintiff, at two subsequent hearings, made a big issue about not knowing where to find me and that's the reason his firm did not respond to my Affirmative Defenses for 6 months. This was despite the fact that all of my court filings had my address and phone number on it, and when I moved, I sent the Court and cc'd the lawyer a change of address. We had a court reporter present for these hearings. I cant tell you how tempted I am to file along with a pending request for sanctions copies of the court reporter's transcript, highlighting these references about not knowing where to find me, with copies of my address and phone on file with the court - along with copies of my phone bills with multiple incoming and lengthy calls from the lawyers office highlighted.

 

How far do you go to prove a liar is a liar? I have a great respect for a court of justice, it just astonishes me how little regard so many "officers of the court" do.

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I like Racecar's idea of keeping a log.  I'd keep a log of every action committed by the plaintiff or their attorneys that is fraudulent, outside of the court rules, etc.  I'd also go ahead and research to see if there's any case law that applies to each action.  Keep everything in an order that's easy for you to access.

 

The more instances of unethical behavior by the attorneys and plaintiffs that you can document and support with evidence and precedent, the easier it will be to cast doubt on their trustworthiness and the veracity of their claims.

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I agree with some of the others about keeping track. When you hit them, you want to have solid evidence of big transgressions. The last thing you want the judge to think is you are whining about small things that do not effect the outcome of the case. When it effects the case, then you bring up every one of the previous items that have happened.

 

I so enjoyed the day that I was able to object to everything the attorney was saying. State that I had the clerks certified recording of another trial just down the hall 4 month prior as well as a transcript of said trial of scum bag attorney stating just the opposite facts that he was denying in this case. Result: one less attorney in Washington State from being disbarred. It really helped that there were over a dozen different documents filed with the court that in some way denied the fact set that he argued so strongly existed in the other case. I had a long trail of documentation where he lied his tail off to the court.

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Thank you for your thoughts on this KentWA and BV80. Kent, your example hits home, as the case I am still fighting has a similar issue to the one you mentioned. I have Affidavits and evidence the Plaintiff and their attorneys filed in other cases in the same county court, as well as federal court, that completely contradict the Affidavits and claims they've made in my case. There's a new Judge appointed to my case, and his bio is that of a very seasoned Judge. I plan to address the most significant transgressions soon.

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