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What constitutes fraud upon court and if established what are sanctions and/or possible trial outcomes?

Vacaville, CA |

Being used by a well known debt collector for a debt that I contend is fruit of identity theft. Plaintiff provided a bill of sale from orig creditor to another party and a papered over trail leading to them. My questions lies in, upon serving requests for spec interrogotories, document demand etc, Plaintiff counsel, who is EMPLOYED by debt collector, claims not once but 3 times that there was no other party sold or assigned this debt and that it was purchased or assigned DIRECTLY from original creditor yet AGAIN provided the contradictory documents to support this claim. Is this an acceptable practice for a licensed attorney in state of CA? If fraud what remedies can I exercise?

Attorney Answers 4


There are too many variables as to what constitutes fraud on a court to list. Each case has to be determined on its own. If you believe that someone is engaging in improper debt collection, contact an attorney that defends consumers in debt collection cases.

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Fraud on the court is basically getting caught lying to the court. There is a difference between an attorney making an argument for a possible conclusion based on some narrative and fraud. If the attorney is not making the statements under oath, then it is just an argument. Collections can be a really dirty business.

Kevin A. Spainhour, Esq.

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Jim O'Brien Whitworth

Jim O'Brien Whitworth


A lie is a lie. If an attorney knowingly misrepresents the facts he can and should be sanctioned. Many feel it is ok. We see it all the time with collections cases and defense attorneys. Motions to compel full and complete responses is done if the meet and confer is done and the time limitations not blown!


----need more facts but...attorneys provide documents that their clients give them....
before you attack the attorney you need to substantied your defenses.
Did you establish identity theft prior to the collection??if yes did you file reports with the police??etc
First make sure you have the identity theft established and then argue your debt

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I could barely understand this question.

Fraud upon the court is committing acts that are designed to mislead or confuse the court, or mislead and confuse a party opponent, or presenting a false claim.

It can also be an act or acts calculated to prevent a party from coming to court, such as falsifying a return of service form so that the court believes the defendant was served with a lawsuit when there was no service of process. Hence the defendant has been kept from coming to court by extrinsic fraud of the plaintiff.

Other than that, what you wrote makes no sense.

If there was an original creditor and the debt was assigned, then the holder of the debt is the creditor now. If its you saying that someone else now claims to own the debt, or the papers provided evidence that some other person owns the debt, then that's another thing.

If the plaintiff says its the initial transferee and it turns out its a subsequent transferee, then whatever misstatements were made appear to be corrected by the documentation.

This assumes the debt to be valid. If there was an identity theft, and its your identity, then that is something you have to plead to the court.

This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.

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