Thursday, February 4, 2010

Is a false statement made in an affidavit in a lawsuit grounds to sue?

A woman makes false statement about defendant or defendant's family when filing a restraining order with the court. Is that grounds for a lawsuit against the woman?Is a false statement made in an affidavit in a lawsuit grounds to sue?
Yes. If you can prove that the statement was known to be false when made, you can have the perjurer charged with contempt of court. And recover your damages as well as watch the perjurer sweat, because a contempt of court citation always has a bold legend on the cover that warns the target that in the event of a failure to appear and show cause why she should not be punished for contempt, an order will issue forthwith for the sheriff to take her into custody to await the disposition of the court.Is a false statement made in an affidavit in a lawsuit grounds to sue?
A practical suggestion: let it go. Suits are expensive, time consuming, and divisive. It won't make you feel better. Just let it go.





A false statement in an affidavit is perjury. Unfortunately for you, a private person can't sue another person for perjury. You'd have to convince a D.A. or some other government lawyer to charge the woman. And they won't unless the perjury was material: meaning a big deal. It's probably not a big deal if its just a restraining order, which is usually temporary anyway.





What about fraud? Fraud is a false representation of a matter of fact鈥攚hether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed鈥攖hat deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. This is a tough standard to prove. Look to your local law to determine if the elements of the tort are he same where you live.





You might be able to claim that the the perjury was conduct so outrageous and intentional that you suffered emotional distress. You can sue for intentional infliction of emotional distress.





This is information only, not legal advice. Don't rely on it: do consult a lawyer if you can't let it go.
No, but it would be grounds for perjury, if the Democrats had not decriminalized that during Bubba's impeachment.

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