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edm786
Jan 6, 2010, 05:04 AM
I was falsely alleged by someone in his/her statement(s)/affidavit(s) which were under oath that, I forged his/her signatures and withdrew the money from his/her bank account. This was also repeated under oath when the same person was cross examined by my lawyer on those statement(s)/affidavit(s).
Then, when it was requested that please provide us the bank record to prove these allegations then he/she was failed to produce anything as an evidence and his/her lawyer said to my lawyer that bank has no such record.

Do I have right to sue that person back for falsely alleging me?
Will this suit fall under criminal suit?
What is the procedure for filing such suit?

Kind Regards,

ScottGem
Jan 6, 2010, 05:07 AM
There is no such thing as a criminal suit. You have two choices here. You can ask the prosecutor to prosecute them for perjury and/or file a suit against them for slander. For the latter, you will have to prove that you were damaged by the accusations.

In either case, I would consult your attorney.

edm786
Jan 6, 2010, 05:25 AM
What kind of prove do I have to give?
Will my suit fall under criminal law or any other part of the law will apply on it?

edm786
Jan 6, 2010, 11:36 AM
There is no such thing as a criminal suit. You have two choices here. You can ask the prosecutor to prosecute them for perjury and/or file a suit against them for slander. For the latter, you will have to prove that you were damaged by the accusations.

In either case, I would consult your attorney.

Thanks for your prompt response Scott.

I understand that forging someone's signatures is a crime and one who does this can be persecuted under criminal law.
My question is, what if someone falsely alleges the other for doing such a thing and is unable to prove, like my situation.
Will my suit fall into the same court or somewhere else?
My present lawyer is a family lawyer, do I have to talk to someone expert in this particular field? Like a criminal lawyer?

Kind regards,

ScottGem
Jan 6, 2010, 04:17 PM
A criminal case is brought by the state against someone breaking a criminal statute.

As I told you can go to your county prosecutor and ask that this person be prosecuted for perjury which is a criminal statute. Or you can sue for slander. Or you can do both.

Since you will need an attorney to file a slander suit they will tell you what your chances are.

AK lawyer
Jan 6, 2010, 04:34 PM
...
My present lawyer is a family lawyer, do I have to talk to someone expert in this particular field? like a criminal lawyer?...

Attorneys are tested and found to be competent in a wide range of law. The idea that someone has to "specialize" in a particular subdivision of law in order to competently represent you is largely incorrect. If, for example, your present lawyer feels that the issues require someone with more expertise, that might be one reason that he/she would be reluctant to take the case. Another reason might be that the lawyer simply doesn't believe you have a worthwhile case.

For the reason that ScottGemm has explained you, you don't need a "criminal" lawyer.

Fr_Chuck
Jan 6, 2010, 06:14 PM
If you sue them it will be done in civil court for damages, ( it is not a crimnal but civil law suit)

You will have to show how money damages you lost due to what they claimed.

If the DA wants to press criminal charges, they may do so, but that is not you, that is the DA

JudyKayTee
Jan 6, 2010, 06:57 PM
If this is connected to your divorce in any way the thread should be combined in order for people attempting to answer you to have the total, complete "story."