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Extrinsic Fraud

James Hresko asked the court to reopen his uncontested divorce for fraud because he said his ex-wife misrepresented her assets in negotiating a settlement agreement.  But the Maryland courts will only reopen a case if the fraud is extrinsic, not intrinsic.

What is extrinsic fraud?  Black’s Law Dictionary says it is the type of fraud which is collateral to the issues tried in the case.  The court says it is fraud which actually prevents a trial. Examples of extrinsic fraud would be:

  • An opponent keeps a party away from court.
  • A false promise of compromise.
  • A party did not have knowledge of the suit.
  • An attorney pretends to represent someone they do not.
  • An attorney corruptly sells out his client.

James said his ex prevented him from trying the case by keeping him away from the court with a false promise of compromise.  To be continued.

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10 Responses to “Extrinsic Fraud”

  1. maryland divorce lawyer Says:

    I think it will be tough for him to get the court to reopen the case unless he can really sell it.
    -Jack

  2. James J. Gross Says:

    Hi, Jack:

    Your right so far. He did have a tough time selling it to the trial judge who denied his motion to reopen the case. But how did he fare in the Maryland Court of Special Appeals? The other states are divided on this.

  3. Boruch Fishman Says:

    I am in a case in the Baltimore Circuit Court, involving a claim of extrinsic fraud. I am seeking to have an adoption anulled. My natural mother met a social worker at a tea party, and told her she was having trouble adopting a child. The social worker told her she would try to help. She called some time later to say her agency was investigating a foster mother and thinking about taking a child away. If my mother wanted the child she could take the child.
    The social worker filled out all the paper work, without doing any of the normal adoptive parent intake investigative procedures. On the appointed day, my mother picked up the child and took her home. Subsiquently the foster parents went to court to try and get the child back and lost. Later my parents went to court to adopt the child after going through the home investigation. I have reopened the case, and the Judge is examining the records.
    The Director of adoption parent procurement for the state told me it was illegal for a social worker investigating a placement to make an arrangement with a family to take the child. Especially in a case where they hadn’t gone through proper intake procedure.
    I am saying that this fraud was “intrinsic” to the case of the foster family when they went to court. Their lawyer failed to pick it up, so the foster family,were they alive, could probably not open up the case. However, the court ws probably told that the child was in a solid pre-adoptive placement. Once
    this case was over, the Judge in the second case would assume that the findings of the first case were all legal. Therefore, the fact finders in the second case, where my parents went to court to adopt the child, were temporally blinded by the first case, and would not have looked back in time to examine the circumstances as to how my parents got the child. So I am saying this is “extrinsic fraud.” Because it was something that occurred outside the case which prevented full legal thought inside the case.

  4. Ace Says:

    Question: if you later discover that during a child custody modification, the other party was breaking into your computer and stealing your attorney correspondence (and hence had unfair advantage of your case & strategy, etc) would this be sufficient for a collateral attack on extrinsic fraud, egregious misconduct or subversion of justice/fraud upon the court? Criminal charges filed and pending.
    If I was in your jurisdiction I would love to retain you, but I’m not =( just

  5. shari hodges Says:

    I have to take an NSA employee to Federal court to recover child support in a matter of extrinsic fraud. Get this: He skips out in 1978, disappears, gets a job at the NSA, leaves me off his contact sheet- investigators never find me or discover he’s a deadbeat – for the next 13 years. State proseucutors find him in 1987, tell Maryland to get a legitimate support order – get his financial declarations and salary information – guy comes to court waving his security clearance, going “I’m a spy – I don’t have to appear” – Maryland closes the case, erases the database with the information

    Turns out his neighbor works in the court – and now his neighbor is the County Clerk – then 30 years after the fact, the ex-wife (me) finds him on the internet – Director of Operations ov NVTC to Homeland Security –

    Do you think the State of Maryland advoated for me? Do you think anybody in Washington DC cared if this deadbeat paid child support? Not on your life.

    I have to sue this deadbeat in Federal court. Maryland refused to investigate. Any qualified Maryland attorney can jump in anytime – the water is real cold and real deep.

  6. shari hodges Says:

    I’m still waiting for a comment – I guess nobody has one

    And what does this say about his security clearance anyway? It’s ok for him not to pay support and that doesn’t violate the Financial Responsibility requirement?

  7. Laurie Says:

    A Security Clearance can be revoked if a Judgement is ordered; or his credit report relfects the non-payment of the Child Support.

  8. ANN Says:

    Thank you so much for having this information on your site! I have been searching for law and how a property settlement can be rescinded. I was going about it “Backwards” my ex is under the effects of undue influence and had been before we divorced; his sister. I could not make my attorney understand, he is disabled. Before he forced me to leave our home, I had ordered a Court mental eval with his Dr. advice. No divorce action in process. His sister hid it and all of our savings. I was still living in our home, but his behavior was so bad I was not thinking clearly. I see clearly what happened now. Long story short, we are now divorced, but his sister acted in his place and no legal standing in the prop. settlment also, spending 46K of the equity in our home without my knowledge for attorney fees. I really need an attorney, I know can prove it was Extrinsic fraud. So hard to prove while it’s happening. I have a pattern and proof. I wrote my own motion. Your site provided info so I understand what I need to prove. thanks please reply if you can help. I have NO money and paying alimony also. His sister is taking the money from him.

  9. divorce 2010 Says:

    I need help. I’m currently separated from my wife and just completed the meritis hearing with pending divorce decree being reviewed by the judge. However, just recently received my wife’s Thrift Savings Plan withdrawal request form in which my name was forged. Does this have any bearing on my divorce case? If so, how? What are my legal options?

  10. James J. Gross Says:

    Divorce 2010: It very well may have a bearing on your divorce case. Definitely contact your lawyer. You may be able to reopen the divorce hearing to receive new evidence since the judge has not ruled yet. But hurry.

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