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How to file aggravated perjury charges in Bexar County??

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iflyjetzzz

Junior Member
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.
 


JETX

Senior Member
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).
 

Country Living

Senior Member
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?
 

iflyjetzzz

Junior Member
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 ...
 

Country Living

Senior Member
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).
 

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