Falsifying reports

[wamagoni]

What is the name of your state (only U.S. law)? Indiana
My previous landlord filed a small claims against my fiancee and I, and the sheriff served us with the notice (Official document summoning us to court). When my fiancee and I showed up the previous landlord seemed frightened that we showed up, and then everything that came out of the landlords mouth went downhill simply because she couldn't keep a straight story. So the papers we were served stated, " Behind on rent, 15 dogs" The landlord stated during the hearing that we were not behind on rent, and stated we had 14 dogs ( We had 3) in order for her to even give that kind of evaluation she would of had done an at home inspection which we can prove that there was never an inspection so she was lying on a legal document. She also lied to the judge stating that we had a water leak, but in the text messages we received from her she stated there were no leaks! This lady has been lying to not only the judge, but to the state of Indiana! I have the final court day on 6/1/2015 to provide all my evidence against this lady, but I want to know what are my chances of winning?

 

[wamagoni]

What is the name of your state (only U.S. law)? Indiana
My previous landlord filed a small claims against my fiancee and I, and the sheriff served us with the notice (Official document summoning us to court). When my fiancee and I showed up the previous landlord seemed frightened that we showed up, and then everything that came out of the landlords mouth went downhill simply because she couldn't keep a straight story. So the papers we were served stated, " Behind on rent, 15 dogs" The landlord stated during the hearing that we were not behind on rent, and stated we had 14 dogs ( We had 3) in order for her to even give that kind of evaluation she would of had done an at home inspection which we can prove that there was never an inspection so she was lying on a legal document. She also lied to the judge stating that we had a water leak, but in the text messages we received from her she stated there were no leaks! This lady has been lying to not only the judge, but to the state of Indiana! I have the final court day on 6/1/2015 to provide all my evidence against this lady, but I want to know what are my chances of winning?

I forgot to mention she quickly changed the reason of being there to damages to the house. Which is not on the report that was served to me by the sheriff

 

[Proserpina]

Crystal ball is out being calibrated after it erred in predicting the Super Bowl winners.

But seriously - we can't guess. 50/50.

 

[wamagoni]

Crystal ball is out being calibrated after it erred in predicting the Super Bowl winners.

But seriously - we can't guess. 50/50.

Okay... I just wanted to know if there was anything that can be done due to her lying on an official document

 

[Proserpina]

Okay... I just wanted to know if there was anything that can be done due to her lying on an official document

Technically yes, realistically not a darned thing although it damages her credibility to the point where she's just not to be believed.

Though I will say she can't really say that "14 dogs" when she meant "3 dogs" was a typo.

 

[quincy]

What is the name of your state (only U.S. law)? Indiana
My previous landlord filed a small claims against my fiancee and I, and the sheriff served us with the notice (Official document summoning us to court). When my fiancee and I showed up the previous landlord seemed frightened that we showed up, and then everything that came out of the landlords mouth went downhill simply because she couldn't keep a straight story. So the papers we were served stated, " Behind on rent, 15 dogs" The landlord stated during the hearing that we were not behind on rent, and stated we had 14 dogs ( We had 3) in order for her to even give that kind of evaluation she would of had done an at home inspection which we can prove that there was never an inspection so she was lying on a legal document. She also lied to the judge stating that we had a water leak, but in the text messages we received from her she stated there were no leaks! This lady has been lying to not only the judge, but to the state of Indiana! I have the final court day on 6/1/2015 to provide all my evidence against this lady, but I want to know what are my chances of winning?

What sort of small claims action is this? An eviction? A security deposit dispute? Is the landlord suing you for damages? Something else?

The best you can do in court is to present whatever evidence you have that contradicts whatever evidence the landlord has against you. It is unlikely that the judge in small claims will take any action against the landlord for stretching the truth on court papers.

As Proserpina said, there is no way any of us here can predict the outcome of a court hearing.


(the landlord might have meant "Behind on rent, 15 days" instead of "Behind on rent, 15 dogs")

 

[wamagoni]

What sort of small claims action is this? An eviction? A security deposit dispute? Is the landlord suing you for damages? Something else?

The best you can do in court is to present whatever evidence you have that contradicts whatever evidence the landlord has against you. It is unlikely that the judge in small claims will take any action against the landlord for stretching the truth on court papers.

As Proserpina said, there is no way any of us here can predict the outcome of a court hearing.


(the landlord might have meant "Behind on rent, 15 days" instead of "Behind on rent, 15 dogs")

Well it was for eviction, but I have already moved out already... Now she is suing me for, " Damages" after she changed the reason of us all being there in the first place several times. I would think that she would not be allowed to stretch the truth on a legal document... maybe if it was like a an unofficial document. I'm very confident that we will win, but I just wanted some insight to what can be done about her lying on an official document that my fiancee and I were served.

 

[wamagoni]

Technically yes, realistically not a darned thing although it damages her credibility to the point where she's just not to be believed.

Though I will say she can't really say that "14 dogs" when she meant "3 dogs" was a typo.

in order for her to even get a number on how many dogs I have she would need to of done an inspection. She has never done an inspection in the entire time of me being in that house so she could not of gotten any sort of number unless she snuck into the house or looked through a window.

 

[quincy]

If you have already been evicted and you have already moved out of the rental, your landlord will (more than likely) have evidence to support the amount of damages she is claiming from an inspection of the premises completed after your departure. You will need to counter this proof with evidence of your own.

If you have photographs that show the condition of the rental at the end of your tenancy, and these photos show that no damage was done to the unit, it would be smart for you to bring these photos to court with you. If you have witnesses who can testify to the condition of the rental after you moved out, you should have them present with you in court, as well. Take whatever written evidence you have showing that can contradict what the landlord is claiming (take your text message exchanges).

If the judge finds that the landlord has lied, this works to your favor in the decision the judge makes. The judge is likely to ignore, however, anything in the court papers that can be excused as typographical errors or minor mistakes or slight exaggerations.

When you appear in court, you should dress professionally (no jeans, tee-shirts, revealing clothes, sloppy attire) and you should avoid wearing heavy colognes and you should not smell like smoke. Do not take a cell phone into the courtroom. You want to show the judge that you respect his court.

You will also want to avoid speaking to the landlord directly. Do not interrupt either the landlord or the judge. Speak when it is your turn to speak. Be polite to everyone. Do not show anger, even if the landlord tells stories that are not true. You will be given the opportunity by the judge to tell your "side" of the story and to present your evidence.

In other words, appearance and attitude can count for a lot.

Good luck in court.

 

[wamagoni]

If you have already been evicted and you have already moved out of the rental, your landlord will (more than likely) have evidence to support the amount of damages she is claiming from an inspection of the premises completed after your departure. You will need to counter this proof with evidence of your own.

If you have photographs that show the condition of the rental at the end of your tenancy, and these photos show that no damage was done to the unit, it would be smart for you to bring these photos to court with you. If you have witnesses who can testify to the condition of the rental after you moved out, you should have them present with you in court, as well. Take whatever written evidence you have showing that can contradict what the landlord is claiming (take your text message exchanges).

If the judge finds that the landlord has lied, this works to your favor in the decision the judge makes. The judge is likely to ignore, however, anything in the court papers that can be excused as typographical errors or minor mistakes or slight exaggerations.

When you appear in court, you should dress professionally (no jeans, tee-shirts, revealing clothes, sloppy attire) and you should avoid wearing heavy colognes and you should not smell like smoke. Do not take a cell phone into the courtroom. You want to show the judge that you respect his court.

You will also want to avoid speaking to the landlord directly. Do not interrupt either the landlord or the judge. Speak when it is your turn to speak. Be polite to everyone. Do not show anger, even if the landlord tells stories that are not true. You will be given the opportunity by the judge to tell your "side" of the story and to present your evidence.

In other words, appearance and attitude can count for a lot.

Good luck in court.

Thanks for the advice! I have high hopes of winning this small claims next month. One thing I am going to have to also prove is that she modified the lease without a 30 day consent, nor did she even tell us she was modifying it. The lease has a steady ink flow and you can obviously tell the difference between the original and the new ink which looks like it came from a 50 cent pen. When we first moved in the carpets have began to tear at the seams where they met with the other carpet from other rooms... over the course of a year our vacuum added to it (Which we admit) , but the damages were already done by the landlord herself. So far this woman has done nothing but spit out lies which I can prove to be opposite of what she is saying from the text messages she has sent me ( I printed them all out). This is my first time going to court over anything and I just want this to be over with.

 

[quincy]

Thanks for the advice! I have high hopes of winning this small claims next month. One thing I am going to have to also prove is that she modified the lease without a 30 day consent, nor did she even tell us she was modifying it. The lease has a steady ink flow and you can obviously tell the difference between the original and the new ink which looks like it came from a 50 cent pen. When we first moved in the carpets have began to tear at the seams where they met with the other carpet from other rooms... over the course of a year our vacuum added to it (Which we admit) , but the damages were already done by the landlord herself. So far this woman has done nothing but spit out lies which I can prove to be opposite of what she is saying from the text messages she has sent me ( I printed them all out). This is my first time going to court over anything and I just want this to be over with.

It is easy to feel intimidated by a judge when you are in court for the first time. It can help to make a few visits to the courtroom in advance of your own hearing. You can sit in on a few hearings to see how things work and to get an idea from observation how the judge acts and reacts to the parties before him.

You additionally may want to prepare for court by outlining on paper what you want to say in the order you want to say it, then stick to the outline as much as possible so you don't wander off into areas that are irrelevant to your case. Try to state only facts and leave out all emotion.

Sitting down with an attorney in advance of your hearing, to go over what you want to say and how best to say it, and how to best present your evidence to the judge, can also be helpful.

Good luck.