Can a case get dismissed for filing fraudulent papers?

[mtnlife]

What is the name of your state?North Carolina-----We were recently served w/papers--a neighbor is suing us for a setback line----however, on the papers we were served, it says he is a resident and citizen of Florida, yet, the man and his wife have lived next to us continuously for at least 8 years that we know of, plus he has voted in this state since 1998. Even though the case is not about being a "Florida Citizen", can we try to get it dismissed based on the fact that he file fraudulent papers with the court? The man have nothing better to do with his retired years than harass all the neighbors-and has always acted like he knows everything about our association. What do you think??

 

[seniorjudge]

Residency, citizenship, and domicile can all mean different things for different purposes.

I, of course, have no idea about how all those concepts apply to your neighbor.

But assume for a moment that he is a flagrant liar about his residency and citizenship. Does that affect his case against you in any way? What does residency and citizenship have to do with a setback line?

(I am NOT saying that he should or can do this and get away with it.)

 

[mtnlife]

N.C-----It doesn't have anything to do with the setback line, it has to do with proving a point. The man is menace to the neighborhood and our family and is trying to run us off------I would love to show in court the type of man he truly is.

 

[seniorjudge]

The character of the plaintiff does not appear to be an issue in this case.