Legal Question in Civil Litigation in New Jersey
Do I have a case for defamation?
As part of a ''Certificatio in Support for Custody'', a FALSE statement was made about me. The person making the certification to the court, under oath, stated the I had ''Prior DWI's. This statement was made for the sole purpose of casting asspersions on my character to shiow I was not fit for custody. When confronted with an abstract of my driving record in court showing the I have never had a DWI, the person again lied, and stated he ''thought'' his mother had told him I had prior DWIs, which she never did. there was no mention in the certificatio about his mother telling him anything, it was just made as a flat statement that ''I had prior DWI's''. (In a prior certification he does make a false statement about someone else, but states in that on that he does not know for sure, but was told by a third party). Do I have a case for defamation, even though he changed his story in court and said ''He Thought his mother told him ''. The certification was swon to knowing that if any of the statements were made willingly false, he was subject to penalty.
1 Answer from Attorneys
Re: Do I have a case for defamation?
Yes you have a case for defamation, but I can't imagine any lawyer taking it on a contingent fee. Is your wallet bigger than your pride and insult?
Cases of this nature typically benefit only the lawyers. That's not good law and all of us realize that.
If you have been genuinely harmed in the principal case (that is, was the judge misled in the end) it would be worth correction. If you are looking for vindication, expect to pay for it.