Legal Question in Civil Litigation in New York

Purjury within a Petition
I have come into a serious situation and I hope someone can help me with a serious answer. I was served with a petition where the petitioner knowingly and willingly purjurs himself in the petition, and I have the official documents to prove the purjury. What steps can I take to prosecute him for purjury, and or , who do I contact to have him prosecuted for the blatant act of purjury?

Asked on 12/14/04, 10:41 pm

4 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

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Re: Purjury within a Petition

If you have proof you can make a complaint with the District Attorney in your county. Or you can use the information you have in defense of the lawsuit which would cripple the petitioner's credibility at trial.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Answered on 12/15/04, 9:05 am

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Kevin Connolly Kevin J. Connolly

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Re: Purjury within a Petition

Do not concern yourself overmuch about the perjury. While you are understandably incensed about lying under oath to "get" you, it's important not to let it "get to" you emotionally. Take your proof to a trustworthy, competent lawyer and let him or her use the falsity of the statements as one of the bricks in the wall that the lawyer will build to prevail in the case.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

Answered on 12/15/04, 9:49 am

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Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Purjury within a Petition

This is a common situation and the district attorney will not take any criminal action until the civil action is completed.

It is unfair, but you have been sued and now must defend. On the plus side, if the evidence submitted to the court is too thin or shown to be inaccurate, you may sue for your attorney fees and other damages.

You are welcome to a consultation for no fee to review the petition/summons with complaint.

Answered on 12/15/04, 11:15 am

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