Perjury And Falsification In Official Matters

[jaylon]

In my Discover case, the attorney swore the the information in the complaint was true. So now I want to go after him, however I'm not quite sure how to do it. This is the info I've found:

CHAPTER 49. FALSIFICATION AND INTIMIDATION
Subchapter A - Perjury And Falsification In Official Matters
§ 4904. Unsworn falsification to authorities.
(a) In general.--A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function, he:

makes any written false statement which he does not believe to be true;
submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or
submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false.

(b) Statements "under penalty"--A person commits a misdemeanor of the third degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

(c) Perjury provisions applicable.-- Section 4902(c) through (f) of this title (relating to perjury) applies to this section.


Where do I report him?

[jaylon]

I'm also going after Discover's Legal Placement Account Manager, A. Hale was the name on the affidavit they submitted. Which is strange that you can use an initial on an affidavit especially when you have to present id. Anyway, I researched and found the notaries info so I'm going to call and find some info on this A. Hale character. She swore under penalty of perjury that I the affidavit was correct, so now she's gonna have to face the music.

[gldskr]

I think what the statute says is that, if you lie to the state while doing business with the state you can be criminally sanctioned. i.e. You apply for a California drivers license and show em your fake Nevada license as proof of ID.

I don't think this has any relevance to evidence presented in court proceedings since courts deal with liars every day. Notice the statute says Unsworn falsification to authorities. Sworn testimony is presumed to be true and provably so, thereby minimizing any mirepresentation. Unsworn testimony is also presumed to be true but without the burden of proof...but if they catch you, criminal sanctions.

The court's job is to verify proof, determining the liars from those telling the truth; the job of a paper pusher is to push paper. The carrot and stick approach.

[ndusa]

This comes a little too late for this case, but, you should have filed to have this shyster sanctioned. You may have even won your case for failure to comply with discovery.

This is why is it criticle to know the law and understand it. Sure, you can file, but if you don't know what the hell your doing, you end up like this person. Standing around wondering what to do next. Once an action is started, its not a good idea to start asking questions this late in the game. Have your ducks in a row, or stuff like this will happen.