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.
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.