Can I sue someone for libel, slander or defamation of character, if false evidence is allowed in a court case? - Defense Law Questions and Answers- LawQA.com

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Can I sue someone for libel, slander or defamation of character, if false evidence is allowed in a court case?

My 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.

Answer By Sally Hamblin

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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
Replied: 12/6/2012

Answer By Steven M. Oser
Law Office of Steven M. Oser
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Yes

Answer Applies to: Virginia
Replied: 10/20/2012

Answer By Steven Dunnings
Dunnings Law Firm
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It is up to the trier of fact to determine what he or she believes to be true.

Answer Applies to: Michigan
Replied: 10/19/2012

David F. Stoddard
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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
Replied: 10/19/2012

Michael Breczinski
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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
Replied: 10/19/2012

Answer By Andrew Velonis
Andrew T. Velonis, P.C.
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You filed a lawsuit without a lawyer. Now you know what happens when you do that. You had your chance to confront their evidence in court. You lost. The end.

Answer Applies to: New York
Replied: 10/19/2012

Paul Whitfield and Associates P.A.
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Litigation is immune from defamation suit.

Answer Applies to: North Carolina
Replied: 10/19/2012


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If you can prove that false evidence was submitted, the judge will send the liar or liars to jail.

Answer Applies to: Michigan
Replied: 10/19/2012

Lawrence Lewis
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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
Replied: 10/18/2012


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Anything said in court is privileged from libel charges in most states.

Answer Applies to: Michigan
Replied: 10/18/2012

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