(continued from http://flatlander5.wordpress.com/ )
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First, I would have all lawyers look at this:
http://cx.org/Stories.htm#lawyers
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Here are some letters that were sent to me by my adversary's colorfully Runyonesque lawyer.
Be aware that this is not the broker's ONLY lawyer - far from it. In fact, here is how many disreputable REALTORS® and others in small towns operate: whenever they need a lawyer, for no matter WHAT tiny job, they hire a different one. Ergo, if a victim needs a lawyer, there are none who will not cite a "Conflict of Interest" .
And here is another example of how they operate... In response to allegations such as mine, it has often been the habit of the Maine power brokers to discredit the accuser in some way. If that fails, they may even stoop to framing the accuser for a crime which he/she did not commit.
So, let it be known that I am a Christian woman basically incapable of committing any crime.
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My comments in blue.
Dear Sir/Madam
I represent xxxxx and xxxxx in regards to certain false and baseless allegations which have been made against my clients by Linda xxxxxx of Bangor, Maine.
My clients are in no way responsible for any problems Ms. xxxxxxx may have experienced with the mobile home she purchased in 2005. [The agent is directly responsible. He knowingly recommended an unqualified mold inspector -a phony "inspector" friend of theirs who did not inspect at all.] Despite this fact, and my clients’consistent denial of any such responsibility, Ms. xxxxxxx has persisted.
Unfortunately, the actions of Ms. xxxxx have risen to the level where they constitute harassment of my clients. [He's talking here of the many emails which were illegally forwarded to the REALTOR®s by their dishonest buddies on the Bangor Board of REALTOR®s]
Accordingly, I have written to Ms. xxxxx instructing her to have no further contact with my clients and to cease from making any further false allegations against my clients.
[No problem there, since all of my "allegations" are true. (And I have reams of expensive proof.)]
I have attached to this email a copy of the letter I sent to Ms. xxxxx, as well as a Notice Not to Harass on behalf of my clients.
I am sending you this email due to the fact your web site has provided a means for Ms. xxxxx to publicize her false allegations against my clients.
Not only are the allegations made by Ms. xxxxxx false, [They're quite true, quite true....] but they also constitute libel and/or slander. It is also their position that the actions of your web site in publicizing her false allegations constitute libel.
[I'm only expressing my opinion online and exercising my First Amendment rights. I'm also telling the truth. ] Therefore, my clients demand your web site*immediately* remove any and all information provided by Ms. xxxxxxx containing allegations against xxxxxx and/or xxxxxx and to refrain from publicizing any such allegations in the future.
If necessary, my clients are prepared to take legal action against Ms. xxxx as well as anyone who in any way assists her in publicizing her false allegations.
I request you notify me within seven days of the date of this email that you have taken steps to remove any information posted onyour web site regarding the false allegations made by Ms. xxxxxxx against my clients. You can either mail this information to me at xxxxxBrewer, ME 04412-0907, or email it to me at jotislaw@aol.com
[Yup. AOL.]
Dear Ms. xxxxxxxx:
I represent xxxxx. My client requested I contact you regarding various letters and emails you have sent with respect to your purchase of the mobile home located in xxxxxin February of last year. As you know, both xxxxand Mr. xxxx have made it very clear they are not in any way responsible for the problems you encountered with the mobile home. You had every opportunity to inspect and verify the condition of the property before the closing and in fact hired someone to inspect the property on your behalf. [ I hired the phony inspector that your clients told me to hire. The CEO even admitted that this ringer was a "Business associate" of the agency. Not only was he not qualified to do any kind of inspection, let alone the mold inspection that I requested, but it was illegal for the agent to recommend ANY inspector.
I just didn't believe that anyone would pull such a corny old "Dukes of Hazzard" scam in 2005.]
Notwithstanding the fact the problems you encountered with your mobile home are in no way the responsibility of either xxxxxor Mr. xxxxx, you have continued to contact my clients blaming them for your problems. [No...actually that wasn't me, that was their lady friends on the Bangor Board of REALTORS®...inaptly named "Ethics" committee] You have also contacted numerous web sites and organizations blaming xxxxx and Mr. xxxxx for the troubles you have encountered with your mobile home. [I only contacted one, so far. Now, in 2008, I am poised to contact more than 30 others]
Given xxxxx and Mr. xxxx have made their position very clear to you and have consistently denied any responsibility for your problems, they consider your continued contact to constitute harassment. [Dont' sue me - sue the Board of Bimboes!)
In light of this I have enclosed a Notice Not to Harass, along with a copy of Title 17-A M.R.S.A § 506 and § 506-A
which define harassment by telephone and harassment, respectively. In addition to having no further contact with either xxxxxor Mr. xxxx it is also necessary that you immediately contact the various web sites and/or agencies you have contacted to retract or withdraw your allegations against both xxxxxx and Mr. xxxx
My clients regret that you have experienced problems with your mobile home. However, as they are not responsible in any way for the problems, it is imperative that you have no contact of any means with my clients and take the other steps referred to above at this time. Your failure .
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to do so will leave my client with no option other than to file a lawsuit to address your actions. They sincerely hope such action will not be necessary.
I am sending a copy of this letter to the various web sites and agencies my client is aware you have contacted. [only ONE... CX.org]
I need to receive confirmation you have instructed these web sites or agencies to take immediate steps to close their files and/or delete any and all information regarding your allegations from their web site. I need to receive such confirmation within seven (7) days of the date of this letter.
[Please note that I didn't mention any names at the many consumer sites that I visited for advice - the sites to which these letters were CC'd. So nobody at any of these sites knew who the criminals were.
But they do now. Because Damon and Sleeper threatened to shut them up, under their real names]
Very truly yours,
[lawyer]
Oh - and here's that bogus law that he cites:
Title 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 21: OFFENSES AGAINST PUBLIC ORDER§506-A. Harassment
1. A person is guilty of harassment if, without reasonable cause:
A. The person engages in any course of conduct with the intent toharass, torment or threaten another person after having been forbiddento do so by any sheriff, deputy sheriff, constable, police officer orjustice of the peace or by a court in a protective order issued underTitle 5, section 4654 or 4655 or Title 19-A, section 4006 or 4007 or, ifthe person is an adult in the custody or under the supervision of theDepartment of Corrections, after having been forbidden to engage in suchconduct by the Commissioner of Corrections, the chief administrativeofficer of the facility, the correctional administrator for the regionor their designees. Violation of this paragraph is a Class E crime; or[2001, c. 383, §66 (new); §156 (aff).]
B. The person violates paragraph A and, at the time of the harassment,the person has 2 or more prior Maine convictions for violations of this section in which the victim was the same person or a member of thatvictim's immediate family. Section 9-A governs the use of priorconvictions when determining a sentence. Violation of this paragraph is a Class C crime-----------
§506. Harassment by telephone
1. A person is guilty of harassment by telephone if:A. By means of telephone he makes any comment, request, suggestion orproposal which is, in fact, offensively coarse or obscene, without theconsent of the person called; [1975, c. 740, § 66 (rpr).]
B. He makes a telephone call, whether or not conversation ensues,without disclosing his identity and with intent to annoy, abuse,threaten or harass any person at the called number; [1975, c. 740, § 66(rpr).]
C. He makes or causes the telephone of another repeatedly orcontinuously to ring, with intent to harass any person at the callednumber; [1975, c. 740, § 66 (rpr).]
D. He makes repeated telephone calls, during which conversation ensues,with the intent to harass any person at the called number; or [1981, c.317, § 20 (amd).]
E. He knowingly permits any telephone under his control to be used for any purpose prohibited by this section. [1975, c. 740, § 66 (rpr).][1981, c. 317, § 20 (amd).] 2. The crime defined in this section may be prosecuted and punished in the county in which the defendant was located when he used the telephone, or in the county in which the telephone called or made toring by the defendant was located. [1975, c. 740, § 66 (rpr).] 3. Harassment by telephone is a Class E crime.",0]
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B. He makes a telephone call, whether or not conversation ensues,without disclosing his identity and with intent to annoy, abuse,threaten or harass any person at the called number; [1975, c. 740, § 66(rpr).]C. He makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; [1975, c. 740, § 66 (rpr).]D. He makes repeated telephone calls, during which conversation ensues,with the intent to harass any person at the called number; or [1981, c.317, § 20 (amd).]E. He knowingly permits any telephone under his control to be used for any purpose prohibited by this section. [1975, c. 740, § 66 (rpr).][1981, c. 317, § 20 (amd).] 2. The crime defined in this section may be prosecuted andpunished in the county in which the defendant was located when he usedthe telephone, or in the county in which the telephone called or made to ring by the defendant was located. [1975, c. 740, § 66 (rpr).] 3. Harassment by telephone is a Class E crime.
2 attachments — Scanning for viruses...LEtter.doc27K View as HTML Open as a Google documentNoticeNotToHarrass.doc11K View as HTML Open as a Google document","10bda18a7cfb30e7"]
...none of these things apply to my case. And besides, he spelled my name wrong.
Here is just part of my advocates' response:
Dear Mr. xxxx[CEO's words] "You...in fact hired someone to inspect the property on your behalf."
Advocate's:]She would not have relied on the unqualified inspector but for your clients' misleading her about his qualifications and honesty....Your attempt to intimidate her by misstating the criminal laws you cited to her....I am sending a responding letter to you and your clients.Meanwhile, please read: http://CX.org/Stories.htm#lawyers
Your approach is counterproductive....CX.org is now publishing the inadequate substance of your response. A lawyers' general denial doesn't carry much weight. [especially when he spells your name wrong...]
CX would be happy to publish any facts contradicting the consumer's claim provided by the people actually there....[oddly, they passed on this invitation]
I urge you to advise your clients to focus on repairing the damage they caused xxxxxx.
They passed on that, too, and the rest is history.
(See the whole story HERE)
