Question:
Scratched word in contract, Perjury?
anonymous
2008-02-29 22:39:32 UTC
I was a Defendant in a small claims court proceeding.

Plaintiff won a partial judgement. Landlord/Tenant issue. She was a liar and a cheat through the entire lease and she sued me.

Went to small claims court and Plaintiff presented under oath, her contract and defended a contract that had been altered before the judge.

Plaintiff crossed out one word in contract. No initials from either party. Scratched out. I have originals with no alterations and initials and signatures.

Is that Fraud, Perjury? Would that hold up in court? Help? I want to put it back on her.

B
Three answers:
arejokerswild
2008-02-29 22:49:22 UTC
Why didn't you take original to court with you? Why didn't you mention it to the judge at the time? You can appeal his decision.



You can also ask the State's Attorney to prosecute. It is both fraud and perjury.
matoro1989
2008-02-29 22:50:40 UTC
Well if she's lying under oath it's definitely perjury, and if she's lying to get money it's fraud. There's probably some tampering of evidence and other stuff going on there. I don't know much about law though, so I'd try to get a lawyer involved, if not directly working on your case, but maybe a friend with a lot of knowledge about your state's laws and such to get a good strategy.



Good luck.
raichasays
2008-02-29 22:46:28 UTC
Put in back on her how? You have already been to court, right? She produced her copy. Did you produce the original? If you didn't, it's too late now.



If you did, and the judge accepted a copy over an original that you produced in court, then you might still have time to appeal his ruling. The "best evidence rule" requires the judge to consider the original and not the copy. But only if you brought with you.



Otherwise, you are out of gas.


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