An Anonymous Victim Wishing to be Heard - Judicial Failures

Family Court:  Buying justice, posted on March 12, 2012

 

I returned to court yesterday for a 15 minute hearing regarding my request for documents.  I requested a motion to vacate my settlement agreement based on the fraud committed by my former husband before our divorce in September of 2007.  I found the fraudulently conveyed checks in July of 2011.  In a motion, I requested additional banking documents to determine where the checks in question had been distributed.  This hearing was to decide if I would be able to obtain the documents that I had requested.  The criminal fraud complaint began when I discovered through an insurance audit that my former husband had taken two checks from an insurance company for home repairs and deposited the checks into a separate account.  One check was payable to both of us and the bank accepted the check without any endorsements.  Another check was payable only to my former husband even though we were married at the time and I owned the home and was on the insurance policy.  At the last minute, on Friday before the Monday morning hearing, my former husband decided to hire his arrogant, entitled and nasty divorce attorney to attend the magistrate hearing for him.  As I listened to this man, I was struck with the impression that my former husband plans to again buy justice.   

 

My former husband bought a more favorable divorce agreement, even though I had an attorney.  My attorney was a buddy of my husband’s attorney and the “ guy pals” worked together against me.  They did not protect my rights and even put my life, home, and finances in danger.  This is allowed in family court.  The court system is set up to know your finances and does what it can to take as much as possible, leaving the vulnerable party unprotected, broken without the means to fight.  I was forced to settle.  My ex possibly used the insurance funds to pay for the attorney.  

 

My hurricane damaged home remained damaged, with no roof, exposed to the weather elements.  I wanted to put my home back together and  get on with my life.  I was suffering from Post Traumatic Stress Disorder, from the abuse that I had endured during my marriage. The court and its officers dropped me after I signed the manipulated settlement agreement.  

 

After this contract was signed my ex would not follow the agreement and I was exposed to greater injury and no available funds.  My psychopath ex wanted to make sure I was dead and done with,  he no longer needed me and he discarded me like a dead body.  He was able to accomplish this task with his paid hit men, the attorneys;  they  used the inept Family Court system to further injure me.

 

At yesterday’s hearing, I represented myself pro se.  Pro se is the term used by the legal system for an individual who does not have an attorney and is representing themselves in court.  My ex’s attorney tried to misrepresent (a nice term attorneys use to say someone is lying) the facts.  I objected and set the record straight.  His attorney tried to say the matter was res judicata, meaning that the motion to vacate had already been addressed and could not be tried again.  I objected to this manipulation and misrepresentation of the actual facts.  I stated that this is new found evidence of fraud and that there is no statute of limitations on fraud.  I explained to the magistrate that I could not have reasonably known of these checks,  they were put into my ex’s bank account without the proper endorsements.  I also had to seek  the assistance of the Florida Department of Financial Regulations to force the insurance companies to produce the cashed checks.   This is an important component of a fraud defense and new found evidence, you must show that you could not have known of the fraud through a due diligent search.  Even though I was up against a seasoned attorney, I felt as if my matter was being presented to the court for the first time.  I knew my case better than any attorney and I was able to object to the misrepresentation (lies) of the attorney.  

 

The attorney stated that he was going to write a proper motion to have the whole matter dismissed.  This is a statement that he is planning on buying justice for my former husband.  He is what is referred to as a bulldog attorney.  He did a few other maneuvers and I have filed a bar complaint and a complaint to the Judicial Qualifications Commission.  I was not notified that he would be representing my ex.    I do not have the funds to hire an attorney and even if I did, I am afraid the cards would be stacked against me as they were when I divorced this man.  The Family Court attorneys are not held to professional standards and the attorneys take advantage of the  vulnerable.   These attorneys have made me question if there is justice in this system of “guy pals”.  Do I as a citizen really have protection in this criminal matter? 

 

I am attempting to explain through my case, teach legal terms and to document what will happen as you too begin to stand up against the psychopath in the legal system and the bulldog attorneys they hire to buy justice for their criminal actions.  We must all stand up and fight this ignorance and protect each other from these crimes.  My hope is to change how the legal system protects the criminal psychopath in family, civil and criminal court.  The legal protection of these criminals, allows the psychopath to inflict additional damage to many more vulnerable individuals.  If we do not have a legal system that protects the vulnerable, we are all in danger of being abused by the psychopath.