Legal Question in Civil Litigation in Florida
I am a plaintiff in a Small Claims case; if the Defendant has filed notarized documents with false information, I understand that's perjury. I wrote a letter to the judge but all that was filed was an order for the Defendant to fill out another court document (the same form that he provided the false info on).
What is my next step in filing something to the judge or what motion would I file to hold the Defendant accountable?
2 Answers from Attorneys
When the case is heard before the judge, you can refute the false testimony. The judge will decide what he believes is true or not. If possible, you need to do more than say it is false, but give some evidence that the statement is false. Sometimes it comes down to whose word is more credible to the judge. Again, the judge will decide when he hears the case on the merits.
You don't file anything. You go try your case. The judge determines what the truth is and what it is not. The state attorney is not going to waste resources fooling around with a claimed perjury in small claims court.
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