Legal Question in Civil Litigation in Texas

Is lawsuit valid if based on a false affidavit?

Lawsuit filed on basis of a HOA management company notarized affidavit stating that repairs are needed on property. The HOA management representative's notarized sworn statement said that she had been to the property alledgedly owned by me on several occasions, gave the location address of said property with detail listing of repairs. The property named in the lawsuit is TOTALLY different property than the one named in the notarized affidavit attached to the lawsuit, the two properties are not even in the same subdivision. In fact, the property named in the notarized affidavit was bought by my husband before we were married, it is in his name only, I am not the legal owner of the property. Also, the property in the notarized affidavit is not in any disrepair. Is lawsuit based on this false affidavit upholdable/valid in court?


Asked on 11/15/00, 10:42 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Is lawsuit valid if based on a false affidavit?

I don't know what the lawsuit is all about. Is the affidavit "false" or merely "error"? False implies intentional conduct to deceive, an error is something that can be corrected. These types of questions are best discussed with your lawyer.

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Answered on 11/24/00, 3:21 pm


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