Can I sue someone for libel, slander or defamation of character, if false evidence is allowed in a court case? 18 Answers as of December 07, 2012My husband and I filed a civil anti harassment suit against our next door neighbor. On our court date for the hearing, false evidence was presented to the court, about us. This neighbor had a friend of his, who also lives in our neighborhood, sign a false witness statement against us. Everything in the statement was lies, and fabrication. We lost our case, as we didn't have any witnesses, or proof. We have had numerous incidences with our neighbor, which always resulted in our property being damaged..(mail box vandalized three times, our brand new garden hose punctured four times, our car windshield shot with a bb pistol, to name a few incidences) We don't even know the person who signed the statement of false information, yet he claims our grandson went into his yard, into his house, and left dirty hand marks on counter tops, etc. In the next paragraph, he states that my husband went into his garage and stole two gas cans. He claims he caught my husband in his yard several times, and threatened to call the police. The police were never contacted during these "allegations". He ended his statement by calling us liars. You would have to examine the statements, to observe what I'm trying to describe. We did NOT do anything for which we are being accuses of. My husband is worried that these two neighbors (friends) will get together with more lies, and try to get us evicted. They "got away "with lying in court about us, so now we have to be on the defensive side. We live in fear of retaliation or eviction from these two on a daily basis. We are both disabled, and subside on Social Security each month. We couldn't afford an attorney for our case, but the respondent had a lawyer. Now I'm afraid his lawyer will send us a bill, as his client "won" the case. We don't have money to pay court costs, and lawyer's fees. Thank you for taking the time to read this.
Hamblin Law Office | Sally Hamblin
Ask yourself if your treatment is based on some discrimination. Such as race, disability, religion, or anything? Regarding alleged false allegations in court, no you cannot pursue any civil issues. You had your chance to poke holes into their testimony. Please answer the first question.
Answer Applies to: Michigan
David F. Stoddard | David F. Stoddard
The lawyer cannot send you a bill unless the judge ordered you to pay attorney's fees and costs. If the judge ordered you to pay this, then you will have to pay what the order directs you to pay. It is difficult to sue witnesses for slander based on false testimony provided in court. You may have a better case for what is known as civil conspiracy. That is when two people conspire to harm a third party (you). However, this can be difficult to prove and your damages that you could seek are somewhat intangible (as opposed to lost wages and medical bills). You will likely have a difficult time finding an attorney to take such a case on a contingency fee basis.
Answer Applies to: South Carolina
Michael Breczinski | Michael Breczinski
Did you represent yourself.? I suspect that YOU did not have a lawyer, since that person would have forced the other side to bring in these witnesses and not allowed a written statement in court. These statements, even if notarized are hearsay and are allowed only if no one doubts the contents of the statement.
Answer Applies to: Michigan
Lawrence Lewis | Lawrence Lewis, PC
When you lost your case did you have an attorney? Let me answer: NO. You thought you were an attorney, and found out you were not. You called no witnesses, and were not prepared. You don't need to sue your neighbor, you need to sue yourself for legal malpractice. You can sue anyone for anything, but you cannot win unless you retain the right attorney.
Answer Applies to: Georgia
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Anyone can sue anyone for anything. Then the case flounders until being dismissed if it isn't well planned. Forget about your lawsuit. It won't go anywhere but a dismissal. You lost your case so if you didn't appeal it's over. My advice is move to a different apartment or continue to live under a state of siege. Of course "it's not fair, waaaa, waaaaa" but if you want a solution, follow my advice. You are now even more vulnerable to their attacks because you lost your case and, in the process, hardened feelings beyond all chance of reconciliation . They can take new cheap shots and no one will believe you unless you catch them on video. Recognize your financial and physical limitations. Move and wait two years. Then decide if you should come back and do something about your injustice.
Answer Applies to: Montana
Gates' Law, PLLC | Thomas E. Gates
It is unlikely you will have any liability for the attorney fees. It does not make sense on why the other neighbor's issues were even a consideration for the anti-harassment order, since thy are two unrelated events. Further, you should have been able to cross examine the person who made the written statement. Contact your local Bar and they may have an attorney who will take your case pro bono.
Answer Applies to: Washington
Law Offices of Mark West | Mark West
Unfortunately, with very limited exception, California Civil Code 47 makes any publication made in and as part of a judicial proceeding (at least statements made in that proceeding; if they were made outside of court about the proceeding that is something different)privileged from a claim of defamation. One possible remedy would be, if it can be proved knowingly false, to have the person charged with perjury. However, in Court, if you know someone is testifying falsely, that is what cross examination is for, to challenge the witness and show that he is lying, but that too is sometimes difficult.
Answer Applies to: California