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    giftsforless's Avatar
    giftsforless Posts: 4, Reputation: 1
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    #1

    Feb 26, 2011, 01:11 PM
    What happens if my ex released information in a depostition
    My ex has released information from a custody deposition to try and get me for fraud, this deposition was never entered into the courts, or used in the custody case. She has taken this information from her atttorney when he withdrew as her counsel and released it to state agencies...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 26, 2011, 01:52 PM

    How/why was the testimony taken? Was there an indication that it could not be used for any other purpose?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Feb 26, 2011, 02:30 PM

    Hello g:

    If the cops have the information, they can arrest you.

    excon
    giftsforless's Avatar
    giftsforless Posts: 4, Reputation: 1
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    #4

    Feb 26, 2011, 04:21 PM
    It was taken for a custody trial, but it never went to trial and now she is trying to use the information in it saying that I committed welfare fraud 7 years ago. I thought that it wasn't public record unless it was admitted into the court.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Feb 26, 2011, 04:25 PM

    Hello again, g:

    The cops don't need public information to start an investigation. All they need is a complaint, and there isn't any ILLEGAL way in which a complaint is made.

    You DO have one thing going for you. It looks like the statute of limitations has run out.

    excon
    giftsforless's Avatar
    giftsforless Posts: 4, Reputation: 1
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    #6

    Feb 26, 2011, 04:44 PM
    Thank you for you response.. I couldn't find nothing on the internet explaining how depositions can be used outside of court.. I guess I was wondering if they can use the information and say that I admitted I made some extra money 7 years ago, Or if I should play stupid because they have no way to find out except for the deposition. I admitted that I made some money selling some precious metals, and that is what she is using against me, but they have no way to prove I did it except for the deposition.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Feb 26, 2011, 04:53 PM

    A deposition is testimony taken outside of court. It is not part of the public record, but that doesn't mean it can't be used against you. It cannot be used as a confession to obtain a conviction because you were not mirandized. But that doesn't mean that the police can't use it for an investigation.

    I don't see anything illegal in what she did. Unethical maybe, but not illegal.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Feb 26, 2011, 04:55 PM
    Quote Originally Posted by giftsforless View Post
    Or if I should play stupid because they have no way to find out except for the deposition.
    Hello again, g:

    If they investigate, they've already SEEN the deposition, so you don't need to play stupid.. You do have the right to remain silent, though, and I would politely avail myself of that right.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Feb 26, 2011, 05:03 PM

    If you made those statements under oath in a deposition, and it was for civil hearings, both your attorney and the other side would have access to those statements of evidence.

    They would have been sworn to under oath. So you either lied them, or cheated on filing income.

    I can't see why he could not have access to them. If any government agency would pay attention to them is another matter
    giftsforless's Avatar
    giftsforless Posts: 4, Reputation: 1
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    #10

    Feb 26, 2011, 05:35 PM
    Thank you for your responses.. I just felt that it was a bunch of bull that she could take the deposition for civil divorce and take it and try to get me for fraud from 7 years ago. And Yes the state agency has listen to her and I have received a letter for a hearing... She is as guilty as I am, But I just feel that I have turned my life around and now I am going to get screwed over a bad descison I made 7 years ago.
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