False documents submitted in court.

What is the name of your state? Clinton County NY.
I have posted about this in the small claims postings..but now I have new evidence and i need advice.
I was evicted from my trailer park back in 2004. the reason was I had aparty and was told by the owner (who just took over the park feb 4 2004) to get out. He has intimadated every camper there and i had nobody to come to court with me for fear that they will get kicked out too. I did not have a party. I know the reason why he evicted me but i didn't have any proof then when I went to court..That case I lost I didn't get my money back. I came to find out in the past couple of weeks that he evicted me because of a pending law site that he has going with my brother.This was told to one of the other campers and I just was told that myself. When we went to court for the eviction he submitted false documents that i had had several complaints about the partys i had had...I have never had a party there in the 6 years that i have been in the camp. But seeing that I was the sister what better way to get at my brother then to evict his sister. My question is Now that I have a witness who will come to court with me to prove that he evicted me for malisious reasons and not because of partys can I take him to court for submitting false documents being mean and vindictive and for malice? I know i can not go back to court for the money that i lost to him but can i open a new case for the lies he has told about me and the false documents. My witness said to me that when he asked why he evicted me the owner said " because she is the sister of the man who is going to court with me. I think that this is a whole new case and has nothing to do with the first case.
If it is should i go back to small claims court or a higher court?

If this has already been litigated, then you must appeal (if you are still in the time allowed for an appeal).

If you have allowed your appeal period to run without doing anything, then you are stuck with the judgment.

...even if...

seniorjudge said:

If this has already been litigated, then you must appeal (if you are still in the time allowed for an appeal).

If you have allowed your appeal period to run without doing anything, then you are stuck with the judgment.

...even if...

Click to expand...

SeniorJudge, I am really interested in your take on this. (As one having a robe on standby). Could not and would not the element of fraud upon the court, both be sufficient to reopen the small claims case, and/or be grounds for a separate action?

I heard a rumor once that judges don't like to have the wool pulled over their eyes....even if?

Good points.

For example, the court system really would like to have all parties tell their side of the story...thus, default judgments are not favored.

Apparently this was a trial. At the time all of these false documents were being produced, sammie35 should have objected to their introduction in to evidence.

If she did not, then she has waived all rights to objection...even if.

If she did object and the objection was overruled, that, of course, may be error and may be a grounds for appeal...if the time for appeal has not expired. Some small claims statutes have tiny periods for appeal of a small claims judgment.

false documents submitted in court

Thank you for your advice

this case as i said was heard in small claims and i got my decision in late Aug or Sept 2004 . As for the false papers at the time I had not idea that the letter was the one that was sent to my brother. (I have not spoken to my brother for personel reasons so that is why i had no idea what the letter was) but I did tell the judge that i have never seen that letter and that the date that was mentioned in the letter was a date that I was not there at my trailer. Like I said befor i could not get anyone to come to court with me because they were all afraid of getting evicted..Because I was the first to go the rest of the campers didn't want to say a word as most of them could not afford to move in the amount of time that he gave us. Now that he has kicked out over 27 campers I have all the witnesses i need including the one who he told that i was being kicked out because i am the sister. It's to complicated to type all of the whole story but if i was able to talk to someone in real time( like on the phone at my expense) you would understand more and then you will understand exactly what he is doing to me and everyone else. It has not been a year since I went to small claims court so i am hoping that i can open a new case as i know i can not file in small claims for the same offence. I am sure if I was to supoena( sorry spelling is bad) the campers who have been kicked out I would have all the proof i need. I also found out that the eviction had to go through the court and being a Canadian i had no idea of the way the evictions go. when i got the letter to evict I had no choice but to demolish my whole addition. i live in a 2 bedroom apt and had no place to go let alone try and store a 12x12 addition.
Bottom line is..Can i open a new claim in small claims court for the false documents..the lying accusations of having me move for having a party when infact it was because I am the sister. that is just mean and was done with malice. I tried to talk with lawyers here in Canada but the all tell me that i have to talk with someone from NY..but it is so hard to explain it in a forum.

Thanks all for the advice )
[email protected]

http://www.nysba.org/

I suspect that your time for filing a small claims appeal has expired. (Look on your small claims judgment to see if it tells you when you must file an appeal.)

Perhaps someone knowledgeable in small claims law in New York will post and tell you.

You could also ask the NY State Bar if they have any small claims booklets for you to read.

false documents submitted in court

Thank you so much Seniorjudge for all your help.
I will look into the NYSBA. You have been very nice and I appreciate that.

Happy New Year to you and yours

Sammie53

seniorjudge said:

Good points.

For example, the court system really would like to have all parties tell their side of the story...thus, default judgments are not favored.

Apparently this was a trial. At the time all of these false documents were being produced, sammie35 should have objected to their introduction in to evidence.

If she did not, then she has waived all rights to objection...even if.

If she did object and the objection was overruled, that, of course, may be error and may be a grounds for appeal...if the time for appeal has not expired. Some small claims statutes have tiny periods for appeal of a small claims judgment.

Click to expand...

Gotcha !

Would it be fair to say, based on OP's latest post that time for appeal has expired, that "res judicata" is the present culprit, or that "due diligence" was the original culprit?

"Would it be fair to say, based on OP's latest post that time for appeal has expired, that "res judicata" is the present culprit, or that "due diligence" was the original culprit?"

Res judicata means that the issues have been resolved in one court, that the appeals time has expired, and thus that issue is closed to the original or any other court.

Due diligence means she should've noticed at the time it was happening that there was something fishy about these docs.

Canadians, however, are easily fooled. I am married to one.

Well.. I'm not sure if I should take that as an insult or not?? I am not easily fooled..The fact that I had never seen that letter doesn't mean that he pulled the wool over my eyes.The letter was not mine. He was left the computer from the previous owners and all of the information was in there. He took a letter that was send to someone else and doctored it to make it look like it was sent to me. Bottom line here is that I TOLD the judge I have never seen that letter and that I was not there on the date in the letter...so if anyone was fooled it was the judge who was made a fool by a fool. Any way I still did't get a clear answer...All I wanted to know is can I open a NEW file with a whole new case? All I want to do is to get this guy in front of the judge who he made a fool of and show him what he done.

Thanks again..
Sammie53

sammie53 said:

...Any way I still did't get a clear answer...All I wanted to know is can I open a NEW file with a whole new case?....

Click to expand...

See post #2 where I answered that question....