Central to the Plaintiffs’ claims are five (5) unrebutted affidavits submitted in compliance with UCC § 3-505, which explicitly establish the Defendants’ dishonor and tacit admission to all claims outlined therein. These affidavits, accompanied by an Affidavit Certificate of Non-Response, stand as irrefutable evidence in commerce. Under binding legal principles, such as stare decisis, res judicata, and collateral estoppel, the facts contained in the affidavits are now deemed conclusively established and uncontested. Despite United States Postal Service (USPS) tracking records confirming that the filings were successfully delivered twice—once via Registered Mail and once via Express Mail—the documents are not reflected on the court docket. Additionally, one (1) critical notice sent to the court has gone missing entirely, with USPS failing to mark it as delivered or account for its whereabouts.This disappearance of properly filed documents raises serious concerns about potential malicious interference, fraud upon the court, and obstruction of justice.
In legal proceedings, some parties may resort to deceptive tactics to avoid addressing the actual issues at hand. These tactics include dismissing valid arguments with vague, unsupported claims like “baseless” or “meritless” and avoiding engagement with evidence or legal references. Instead of addressing the facts, the opposing side might use emotional language, misrepresent your position, or shift the burden of proof onto you. These strategies are often employed to distract from the lack of a solid defense or to obscure the weakness of their own case. Recognizing these behaviors can help you stay focused on the core legal issues and ensure that the dispute is resolved based on merit.
Trinsey v. Pagliaro
In Trinsey, the court stated that “[s]tatements of counsel in their briefs or argument while enlightening to the Court are […]