Legal Question in Credit and Debt Law in New Jersey

Re: Information Subpeona - False Answers

Although Answers to an Information Subpoena are "certified" there are different penalties for many different types of "lying." There is perjury, false swearing and other offenses which have differing levels of seriousness and therefore penalties vary. I believe this would constitute the lesser offense

of False Swearing. I can't quote the entire statute because there's not enough space here but you can look it up online. Here's the primary statute:

2C:28-1. Perjury

a. Offense defined. A person is guilty of perjury, a crime of the third degree, if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.

2C:28-2. False swearing

a. False swearing. A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a crime of the fourth degree.

b. Perjury provisions applicable. Subsections c. and d. of section 2C:28-1 apply to the present section.

The problem is, not many county prosecutors (or Sheriff's who serve civil warrants as you've probably noted) will place a high priority on this type of offense. Although it is unethical for an attorney in NJ to threaten criminal prosecution to gain an advantage in a civil suit, there's nothing stopping you from either seeking stronger contempt enforcement by the Court you're in or go to your local police or municipal court clerk and and see if they'll let you file a compalint under a ststute they have jurisdiction over. It'll be a lesser offense, probably disorderly persons but it might work. Here's the monetary penalty for false swearing (a 4th degree crime just for your information). There's also the possibility of jail time but that's highly unlikely. Good luck.

2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;