Suing over Contents of Affidavit

"Tracy" wrote in
:

"Henry" wrote in message
7.142...
Here is an odd question... has anyone ever heard of someone suing or
being sued over a statement made in an affidavit. Since an affidavit
is a 'sworn statement of facts' can somone be sued if they lie? For
example, what if they said that a child was sexually abused in an
affidavit (to gain custody), but the allegations were false. Could
ther parent sue the other parent for a false allegation?

Just curious..

Henry

Yes you can sue. The real question if the party will gain anything
from it. Most attorneys won't help if there is nothing substantial to
gain. Small claims court is probably the best bet. It is more the
principal than the actual money, right?


Yes. Since I have found that judges sometimes do not read both
affidavits (in my affidivait I challenge the allegation)... and that
these false statements help her win her case... it is more to make a
point to stop lying. Really I am not looking for money...


Also - I believe if it can be proven that someone made a false
statement [on purpose] in an affidavit, then it should be considered a
violation of the law. Pursuing this legal battle is probably more of
an uphill battle than taking someone to small claims court.

Thanks. I'll look into it.

Henry

"Grace" wrote in
ink.net:


"Tracy" wrote in

Pursuing this legal battle is probably more of an uphill battle than
taking someone to small claims court.

Good advice!

The maximum claim in Small claims is $5000, but it's enough for people
to take notice


Do you know how this is done? I thought SCC was for things like failing to
pay a bill, or something?

Henry

On Sat, 22 Jan 2005 05:14:01 -0600, Henry
wrote:

"Grace" wrote in
link.net:


"Tracy" wrote in

Pursuing this legal battle is probably more of an uphill battle than
taking someone to small claims court.

Good advice!

The maximum claim in Small claims is $5000, but it's enough for people
to take notice


Do you know how this is done? I thought SCC was for things like failing to
pay a bill, or something?

Henry

Actually, what you have sounds like a tort and that cannot be pursued
in small claims court.

On Fri, 21 Jan 2005 08:10:54 -0800, "Tracy"
wrote:

"Henry" wrote in message
. 97.142...
Here is an odd question... has anyone ever heard of someone suing or being
sued over a statement made in an affidavit. Since an affidavit is a 'sworn
statement of facts' can somone be sued if they lie? For example, what if
they said that a child was sexually abused in an affidavit (to gain
custody), but the allegations were false. Could ther parent sue the other
parent for a false allegation?

Just curious..

Henry

Yes you can sue. The real question if the party will gain anything from it.
Most attorneys won't help if there is nothing substantial to gain. Small
claims court is probably the best bet. It is more the principal than the
actual money, right?

Also - I believe if it can be proven that someone made a false statement [on
purpose] in an affidavit, then it should be considered a violation of the
law. Pursuing this legal battle is probably more of an uphill battle than
taking someone to small claims court.

Normally, one would consider lying under oath to be perjury, which IS
a violation of the law; however, I was told by the police that perjury
is only ever pursued in criminal cases, never domestic ones. I found
this out when I tried to have my ex arrested for lying on the stand
(and I could prove it).



Tracy
~~~~
http://www.hornschuch.net/tracy/

I agree 100% in taking this to a civil court. If you prevail there, it
will make the affidavit useless and inadmissable and force the family
judge not to consider it but will have to consider the motives of Ms Ex
who intoduced it and as a side note, that kinda **** looks great in an
appelate courts PUBLISHED opinion

"Beverly" wrote in

Actually, what you have sounds like a tort and that cannot be pursued
in small claims court.

Small claims court is for "anything" of a civil nature, the only limitation
is the damages are limited to $5000 .
It only costs a $40 filing fee to schedule a case at the local civil court
and you cannot have a lawyer represent you, but they can advise you.

BTW, you can subpoena any documents you need from anybody and any
government agency including the family court records showing how you were
slandered and show how the false information was used to gain unfair
leverage.

Not telling the truth about a and individual's personal details in a public
meeting is Libel.
BTW Torts are addressed everyday in Civil court or Small claims!

In article 2, Henry says...

"Grace" wrote in
link.net:


"Tracy" wrote in

Pursuing this legal battle is probably more of an uphill battle than
taking someone to small claims court.

Good advice!

The maximum claim in Small claims is $5000, but it's enough for people
to take notice


Do you know how this is done? I thought SCC was for things like failing to
pay a bill, or something?
===
It is--For collecting money damages.
===

Henry

"Gini" wrote in

Do you know how this is done? I thought SCC was for things like failing to
pay a bill, or something?
===
It is--For collecting money damages.


Yes, and he has overpaid his CS due to the rates based on his Ex's false
statements.