BTO429 Posted April 2, 2008 Report Share Posted April 2, 2008 I am wondering if a CA files an affidavit that is not backed up by facts and obtains a default judgment can they be found liable if i can prove the affidavit wrong.The CA filed an affidavit of non military status, I have orders to prove it was not backed up by facts.B submitting this affidavit did they CA,1. Mislead the court into believing that I just simply did not bother to go to court.2. Cause me financial injury by reporting to my CR, as I can not get a Mortgage because of the judgment.3. anything I may have missed that someone else may know of. Link to comment Share on other sites More sharing options...
bekgisa Posted April 3, 2008 Report Share Posted April 3, 2008 I am wondering if a CA files an affidavit that is not backed up by facts and obtains a default judgment can they be found liable if i can prove the affidavit wrong.The CA filed an affidavit of non military status, I have orders to prove it was not backed up by facts.B submitting this affidavit did they CA,1. Mislead the court into believing that I just simply did not bother to go to court.2. Cause me financial injury by reporting to my CR, as I can not get a Mortgage because of the judgment.3. anything I may have missed that someone else may know of.I went to court to dispute (in uniform.. couldn't get the whole day off w/o everyone knowing i was in court) i asked to strike the affidavit, and the judge said it doesn't really matter..?? im confused.. i requested BoP set a date for trial, waiting on BoP to file my GoD. I think it was one tactic they used and if I didn't show, it wouldve been good enough for a summary judgment. I asked whether "due diligence" was utilized and the other atty just mumbled about how they got their info from a dod website... anyways.. i really dont think there are grounds for violations.. but you may well try on your end... Link to comment Share on other sites More sharing options...
cjtx Posted April 3, 2008 Report Share Posted April 3, 2008 As long as the affidavit states they checked the official dod website, the CA is off the hook for misleading the court. Correct me if I'm wrong but I think I remember you said something about checking the website yourself and getting wrong info about your status.Can you prove they knew you were deployed/in active status?There are some specific protections for military personnel that you probably know better than me, but it is obvious you were not served properly and thus the judgment should be vacated.Edit: I just read your other post about your motion to vacate and I think you should get yourself a lawyer. It's a slam dunk and you should get the judgment vacated, but I think you're quoting the wrong statutes and your arguments are not "legally" sufficient. It would be a shame if you lost your motion due to technicalities. Link to comment Share on other sites More sharing options...
BTO429 Posted April 3, 2008 Author Report Share Posted April 3, 2008 Yea thats why I am asking to find out what I need to do. Link to comment Share on other sites More sharing options...
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