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kattorney
kattorney, Attorney
Category: Business Law
Satisfied Customers: 1142
Experience:  16 years experience with a concentration in business, corporate and contracts law
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Kathie Russell Only: I just returned from my show cause hearing

Customer Question

Kathie Russell Only:
I just returned from my show cause hearing in ohio and it went so so. First the judge agreed with plaintiff that those four agreements were still existing through 12/11 when I went out of business. So that pretty much shot down the civil rule pertaining to irrelevant to the claim. But i did try. Second long story short there are no records to produce cause as you said you cant produce what you dont have BUT the judge ordered me to write the federal and state agengies to obtain copies of 941's, workers comp, unemployment records from 2009-2011. since I didnt have any other records to produce. He thinks he can obtain information from these to determing payroll records. Anyway i do have a question. I was put under oath and questioned by the plaintiffs attorney and he of course grillled me on the why, who, when etc. happened to the records. they are destroyed. but on the way home i realized that i got confused on dates and times as to what records were in storage and what were in my possession and destroyed by me and if the plaintiff would subpeona the starage place it would look as though i perjured myself when in fact i got confused as to the whereabouts of the records etc. what should i do? contact the judge and edit my testimony or let it go unless they would subpeona the storage facitlity? It still stands that the records are not able to be produced but i dont want to look as those i lied under oath. i just made a mistake as to who destroyed the records (it was me who destroyed them all but i stated that some were thrown away by storage facility due to several months of non payment and driving home i realized that yes storage fees were several months behind and i was locked out for a period of time and in jeopardy of items in storage being thrown away but when in reality they didnt destroy the items in the storage building i paid up and took and destroyed the records myself. Other than that lapse in memory snafu i feel comfortable and will of course comply iwth the judges orders. I just didnt know how to handle the mis information i relayed under oath. Please help
Submitted: 1 year ago.
Category: Business Law
Expert:  kattorney replied 1 year ago.

Kathie Russell : I'm away from my computer and will answer this later if that's ok. I don't think they'll subpoena the storage company but let me think about exactly what you should do.
Customer :

ok thanks and i look forward to hearing from you. i gave them the name of the storage facility is the reason i had a little concern.

Kathie Russell :

You have two possible courses of action: you could do nothing and, if ever questioned, simply state that you got confused about the dates. The thing is, if you were honest under oath and actually got your dates mixed up, you did not lie under oath. Everyone makes mistakes.

Kathie Russell :

The second course of action is to write a brief statement to the effect of, in thinking over my testimony I realized I got some dates confused and actually what happened is _____. Send a copy to the court file (not the judge, just have it filed in the court file with the clerk of court) and to the opposing counsel.

Kathie Russell :

I tend to think you would be safe if you didn't do anything, however, if that makes you uncomfortable send the brief written statement.

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