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Fraud on the Court?


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Hi guys. A JDB included a notarized "verification" with the Complaint which was sent to me and filed with the court. I know it is useless because it is "verifying" hearsay and it basically states that the signor read the complaint and all is true to her knowledge except for matters stated to be "alleged upon information and belief." Well all of the charges on the complaint come after a phrase that reads "The Plaintiff for a complaint against the Defendant alleges upon information and belief," so I really don't understand why they even bothered.

My question is this: The signature on this verification is clearly not the same signature that is on the company's Articles of Incorporation. How do I bring this up so that it causes problems for them later in the trial? Should I include a defense of Unclean Hands as the plaintiff has filed fraudulent documents with the court and then use the Article of Incorporation that I got on line as proof? Or should I just stick with the hearsay argument and not even bring it up? Also, can someone be sanctioned for this? Or do I sue them later for filing a false document?

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This is a typical document that is attached to the complaint. It is just an affidavit saying they believe the debt to be yours. Not something you can sue over for a falsified document. Just do a search in these forums for "affidavit"

Unclean hands can really only be used if they falsify a contract, not against an affidavit. The affidavit is essentially hearsay anyways so as long as you file an appropriate answer and deny the claim, they will have to provide a live witness, which they rarely do. You never stated in you post if this is your debt or not, the more info you give us the more we can ultimately help with.

Also, read the "if you are being sued" sticky. It will help.

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Okay then. I will let it go. I already have my answers and defenses along with four different discovery demands typed out and ready to go, so I believe I will be okay. I have successfully defended myself in the past against a JDB lawsuit by relying mainly on the hearsay argument. I will argue that again. If for some reason that fails I'll go on to one of my other defenses. Thanks for your response.

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