Legal Question in Civil Litigation in Florida

ffalse statement signed and submitted to a courtI

I was recently involved in a court case with my mother, my ex wife appeared on my mothers behalf, she submitted a signed document to the court accusing me of social security fraud. this is not true and is completely unsubstantiated. she based her statement on the fact that I can still ride a motorcycle while drawing disability. I would like to know if I can take sosme action against her. Thanks for ypour time.


Asked on 3/30/00, 10:24 am

1 Answer from Attorneys

Christopher Wigand Fenster & Faerber

Re: ffalse statement signed and submitted to a courtI

Usually you would be entitled to a defamation claim, but not in this case.

Generally in order to claim defamation the plaintiff must show 4 things:

1. A false and defamatory statement concerning him;

2. A communicating of that statement to a person other than the plaintiff;

3. Fault on the part of the defendant, amounting to at least negligence;

4. Special harm or harm of a pecuniary nature.

In your case since she accused you of a crime it would be considered "slander per se", meaning you don't have to show special harm.

Unfortunately, since she made the statement as a witness during the course of a judicial proceeding she has an absolute privelege as to what she said even if it was motivated soley by malice or other bad motive.

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Answered on 4/13/00, 9:13 am


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