Friday, August 5, 2011

Would this scenario be considered theft?

In a contempt of court hearing(on the FIRST day of June) a person submitted to the courts an arrearage amount($2,500.00) which included the CURRENT months(June) entire due amount($1,000.00/month), therefore inflating the arrearage amount by $1,000.00. The courts allowed the defendant time(60 days) to collect monies($1,500.00) to make a purge payment to keep from being incarcerated and to make current on arrearage. On the 60 day, the purge payment was made to the courts/plaintiff, however, the plaintiff refused to advise the courts(that day) that there were additional payments($1,000.00) made to them(through withholding order) in the month of JUNE, which would have eliminated the $1,000.00 that was due for that month(June). (there were also payments made in July, but equaled the amount due, yet still not disclosed to the courts) The plaintiff also had additional opportunities to disclose to the courts of these payments yet refused, therefore, the defendant was ordered to pay the due amount($1,000.00) for the month of June, again. This same scenario was performed by the plaintiff at a previous time. After the defendant was found guilty of something they knew they did not do, they diligently researched, reviewed and obtained documents presented and not presented to the courts(including authentic payment documentation) which clearly show there was not an arrearage of $2,500.00 and that after the purge payment the defendant was overpaid to the plaintiff. This issue was submitted to the courts in a later hearing and in response the plaintiff stated that the matter was moot, cannot be reheard and that no appeal had been made. So to sum this up, (defendants theory)plaintiff intentionally submitted false documents to maliciously prosecute the defendant and through the plaintiff's intentional refusal to disclose payments they received, committed felony theft(over $500.00). In Maryland there is no statue of limitations on felony theft. QUESTIONS ARE; Would this actually be considered theft? Could this be prosecutable? Note: The plaintiff is in the legal profession, knows they intentionally committed a criminal act, thought that the defendant would accept the guilty verdict and forget about it. This is not the first time plaintiff has done this. It is not just the money, the principal and the fact that the plaintiff requested incarceration of the defendant for something they did not do. All answers are appreciated and defendant thanks all for their input. Additional Note: defendant is financially hard-shipped and is aware of contacting counsel, but cannot afford it, earns to much for any free legal counsel. (Hope this makes sense, tried to explain as best as possible)

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