Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-07-2009, 06:21 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5

How to file aggravated perjury charges in Bexar County??


What is the name of your state (only U.S. law)? Texas

I am renting a house in San Antonio. The house was foreclosed on. The bank's lawyer filed a Petition for Forcible Detainer. In the Petition, he included a military service affidavit that claimed that no one in the residence was in active military service. Both my wife and I are active military.
His affidavit was a clear attempt to circumvent the Servicemembers Civil Relief Act.

The suit was dismissed on Thursday, but the lawyer was a total ahole, making several subtle threats to us.
During the hearing, both my wife and I were in uniform. The lawyer STILL contested our military affiliation; he also stated that he did not know who was living in the house.
The exact phrasing is as follows:

MILITARY SERVICE AFFIDAVIT
"The law firm of Jack O'Boyle and Associates has been employed by the plaintiff in this matter to secure possession of the real property described in Plaintiff's Original Petition. I have authority on behalf of the Plaintiff to make this affidavit and this affidavit is based upon information provided to this law firm by the Plaintiff or its authorized servicing agent.
"As of the date of this affidavit, the named Defendent was not in the military service or, if in the military, is not on active duty."


In accordance with section 37.03 of Texas Penal Code, I want to file aggravated perjury charges against him for filing a false affidavit. Suggestions? Mechanics of filing a complaint?
I have already filled out a grievance with the Texas Bar Association and wrote letters to several senior managers at Bank of America.
  #2  
Old 11-07-2009, 06:48 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,546
Quote:
Originally Posted by iflyjetzzz View Post
In accordance with section 37.03 of Texas Penal Code, I want to file aggravated perjury charges against him for filing a false affidavit. Suggestions?
Yep. You can't. The only thing you MIGHT be able to do is to contact the
county DA and see if they will accept your direct complaint (unlikely, in my opinion).
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 11-07-2009, 06:55 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Yeah, that's what I figured. ... simply reinforces my low opinion of the entire legal 'profession.'
  #4  
Old 11-07-2009, 09:22 PM
Senior Member
 
Join Date: Feb 2006
Location: Deep East Texas
Posts: 1,253
It might be worth a bit of your time to go to the DA's office in uniform and take all documentation with you. Can your JAG office help?
__________________
Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
  #5  
Old 11-08-2009, 08:29 AM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Countryliving, that's my plan - visit the DA office with a copy of the Petition for Forcible Detainer in uniform.
I will talk to the JAG office later this week.

I am not going to let this issue die; San Antonio has a huge military population and this attorney's including a standard affidavit that he admitted he doesn't check.
I'll give the DA office a chance to pick up the ball on this one, but if I get a negative response, I'll be contacting both reps in DC and local/national media. I don't go quietly into the night ...
  #6  
Old 11-08-2009, 02:00 PM
Senior Member
 
Join Date: Feb 2006
Location: Deep East Texas
Posts: 1,253
Contact Charlie Gonzalez's office if you don't get any support from the DA. He's in the U.S. House (Henry B's son if you've been in San Antonio long enough). Charlie keeps a San Antonio phone number (Google since I don't want to post it in a forum).
__________________
Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:00 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.