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#11
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"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 |
#12
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"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 |
#13
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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. |
#14
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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/ |
#15
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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 |
#16
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"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! |
#17
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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 |
#18
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"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. |
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