Perjury in NC?

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Perjury in NC?

Postby Hcydsat » Mon Jul 18, 2005 4:19 pm

What's the deal with perjury in NC? In a civil case, if someone lies in their Answer to a Complaint, lies in their interrogatories, contradicts themself in their deposition and tells a different story than how they answered interrogatories, and worst of all, if they contradict what was said in recorded phone conversations, what are the consequences of perjury???

My attorney said to me, "Of course she's going to lie. She's the defendant," and didn't seem to think much of it. However, if being "under oath" is such a big deal and perjury consequences are so severe, what can I do about someone who lied blatanlty in a deposition? Does the state of North Carolina take it seriously? What this person did by lying really hurt me emotionally, and worst of all, her lies caused my teenager to almost commit suicide and she ended up in a psychiatric hospital for attempted suicide and depression. This woman messed up our lives in an alienation of affection and criminal conversation case, and although the case is now settled, WHAT CAN BE DONE ABOUT THE PERJURY? My attorney does not seem too interested in pursuing anything about the perjury because it doesn't involve her getting a big paycheck from it. The settlement didn't even cover the hours my attorney spent.

But I still want this woman to pay for lying under oath. What can I do? I already called the DA's office and told them that she lied over 40 times in her deposition that I can prove, and they told me that my attorney should take action. But my attorney didn't seem to think perjury was too big of a deal: she said, "Of course she's going to lie. She's the defendant."

Is there anything that can be done?

If nothing can be done, then why should anyone be scared to LIE under oath, if they can just get by with it with no consequences whatsoever?
Hcydsat
 
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Joined: Mon Jul 18, 2005 4:12 pm

Postby JanetFritts » Tue Jul 26, 2005 3:04 pm

Dear Hcydsat:

Greetings. Well, first, it sounds like you may have a civil suit for infliction of emotional distress, to say the least. I am sorry to hear about the loss of your child.

You should speak with the district attorney again in your county about the perjury and see if they are willing to press charges. I think that you have to be clear that if perjury is a crime that they can pursue, then you want them to. Your attorney may also be able to file for sanctions and do a Motion to Strike for the lies told in the pleadings. Finally, be clear that you are willing to continue to pay your attorney to handle the issue.

You have to remember that proving that someone has lied is not always that easy during testimony. I wish you the best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
JanetFritts
 
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Joined: Thu Mar 06, 2003 7:50 am

Postby Hcydsat » Wed Jul 27, 2005 8:26 am

Thank you for responding.

I wanted to clear it up and let you know that I did not lose my child - she survived the suicide attempt but is still depressed and will be in counseling for a while.

Like my earlier post said, my case has been settled and it's over, so I no longer have an attorney representing me, and like I said, my attorney doesn't care that the woman perjured herself. She said they all do.

I suppose I will once again contact the DA's office and see what they say. I'm in another state and my lawsuit took place in North Carolina so I am assuming I contact the DA's office where the case took place.
Hcydsat
 
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Joined: Mon Jul 18, 2005 4:12 pm

Postby Hcydsat » Wed Jul 27, 2005 8:36 am

PS - I already sued her for intentional infliction of emotional harm, along with Alienation of Affection and Criminal Conversation. It was all combined in one lawsuit, and this is the lawsuit in which she perjured herself so many times and made things even worse for all invovled. You said I may have an infliction of emotional harm civil case against her - but that is the case that I settled. I don't think it would be possible to sue her at this point again. ? or would it?
Hcydsat
 
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Joined: Mon Jul 18, 2005 4:12 pm

Postby JanetFritts » Wed Jul 27, 2005 1:49 pm

Dear Hcydsat:

Greetings. I know that you are hurt, but every day/moment that you waste thinking about her is giving her something. I suggest that you try to move on from the situation. It will be painful, but that is something that I am sure that with time you will heal from. Focus on your child, as I am sure that you are, and things will work out. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
JanetFritts
 
Posts: 3730
Joined: Thu Mar 06, 2003 7:50 am

Postby ure » Thu Jul 28, 2005 4:59 am

Perjury laws are not enforced in civil cases. My exwife was caught in lots of lies. The judge gave her a verbal scolding and then awarded her primary custody of our daughter. My attorney says that in divorce-related cases the judge just assumes that nobody is telling the truth.

The sad truth is that our legal system doesn't care about finding the truth. All the judges want is to get their cases over with; they don't want to waste time finding out what really happened.
ure
 
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Joined: Thu Aug 19, 2004 1:09 am

Postby ARTHURP » Thu Jul 28, 2005 6:48 am

Hi hcydsat
I am so sorry to for your daughter and yourself
I will say this that I am going though a tuff time myself not just myself but my 2 children I am too am doing AOA & CC. My soon to be ex is a loser,lair & and cheat all cheaters are losers and they will lie to you and everyone else for the shame that they did not just to everyone else but to them aswell you see these type of people have big problems and started when they where young never showing it until one ugly day my ex has problems and I know that it did not stop me from the times we had but over the times it got worse and worse and the people she was hanging around with messed her mind up bad. Now she has nothing [:D] and is going to lose even more when all done. The best part is what happened to me I made a big and great change in my life like that tim mcgraw song live like you were dying that is me.
For you the best is to be with your child and love and say you love her and the both of you need to get on with life it will only get better for the both of you
Thank you i hope this will help
ARTHURP
 
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