surfer4life
Junior Member
What is the name of your state? CA
I'd like to know if I can add a perjury clause to a small claims suit. I'm suing a registered process server and the company he works for a couple of grand. The process server falsified two court affidavits (two separate motion hearings) stating I was served personally when if fact I wasn't. He signed them under penalty of perjury and had the affidavits notorized. The process server even had full description of the events stated on the affidavits. He then faxed the documents through his company to the plaintiffs attorneys. The plaintiff on the affidavits is from Chicago (a law firm), so I was being sued in Chicago. I personally appeared at both motions hearings (for default judments) and argued that the court affidavits were served improperly. The attorneys for the plaintiff tried to argue that it was and I was evading service, but I provided some pretty substantial evidence proving that the person on the affidavits was definitely not me. I won...both times. The plaintiff had me served by the LA County Sheriff the third time around. I appeared again in Chicago and had the case dismissed.
Anyways, I want my travel expenses for the two motion hearings reimbursed by the Process Server and the Company he works for (a legal service firm). I've sent them a letter stating my intentions and my demands, but I received no reply. It's been a couple of weeks.
1. Is small claims the best way to go about this in getting my money back?
2. Do you think I could find an attorney that would take on such a small claim to file in another court ($4,000)?
3. Can a perjury clause be added to small caims suit to file later with the DA? I've been told by an attorney (corporate) that it can and supposedly found a clause, but I'm looking for second and third opinions.
Any help would be greatly appreciated. Thanks
What is the name of your state?
I'd like to know if I can add a perjury clause to a small claims suit. I'm suing a registered process server and the company he works for a couple of grand. The process server falsified two court affidavits (two separate motion hearings) stating I was served personally when if fact I wasn't. He signed them under penalty of perjury and had the affidavits notorized. The process server even had full description of the events stated on the affidavits. He then faxed the documents through his company to the plaintiffs attorneys. The plaintiff on the affidavits is from Chicago (a law firm), so I was being sued in Chicago. I personally appeared at both motions hearings (for default judments) and argued that the court affidavits were served improperly. The attorneys for the plaintiff tried to argue that it was and I was evading service, but I provided some pretty substantial evidence proving that the person on the affidavits was definitely not me. I won...both times. The plaintiff had me served by the LA County Sheriff the third time around. I appeared again in Chicago and had the case dismissed.
Anyways, I want my travel expenses for the two motion hearings reimbursed by the Process Server and the Company he works for (a legal service firm). I've sent them a letter stating my intentions and my demands, but I received no reply. It's been a couple of weeks.
1. Is small claims the best way to go about this in getting my money back?
2. Do you think I could find an attorney that would take on such a small claim to file in another court ($4,000)?
3. Can a perjury clause be added to small caims suit to file later with the DA? I've been told by an attorney (corporate) that it can and supposedly found a clause, but I'm looking for second and third opinions.
Any help would be greatly appreciated. Thanks
What is the name of your state?