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.
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.
----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
Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE)*. The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+. *the certification is not a specialty recognized by the California State Bar.
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.