Legal Question in Civil Litigation in California
Def Filed False Application to Waive Court Fees! He's Rich! What Can I Do?
In an eviction proceeding, my wealthy tenant filled out a fee waiver form -granted by court-so he didn't have to file a fee when he answered. The problem is that the information he gave to qualify for a fee waiver was false! He is renting a huge and very expensive house, makes a huge income and just bought a brand new car. What can I do? Move to strike answer,sanctions,impose default???
1 Answer from Attorneys
Re: Def Filed False Application to Waive Court Fees! He's Rich! What Can I Do?
You should probably just focus on your case. Filing motions because of something that didn't harm you might make you look petty and vindictive to the court.
If you have evidence that the tenant lied on his waiver application (which he must have signed under penalty of perjury), you can use that evidence at trial to attack his credibility. You can only do this after his credibility becomes an issue, but that will happen as soon as he takes the stand.
Impeaching a witness via evidence of prior false statements requires knowledge of the rules of evidence along with skill in the courtroom. Your prospects will improve if you get a lawyer.
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