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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4788
Experience:  Experienced in both state and federal court.
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I have been registered and payingfor membership dues in an

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I have been registered and payingfor membership dues in an organization forover 20 years. Last two weeks, the secretary of the organization had a sworn affidavit in the court to state that I have never been a member of the Club according to his records. I have proof of membership, proof of financial payments made to the organization.
Can I sue the organization for fraud.
Uche Eze

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

What was the purpose of them denying your membership? Who did they deny it to?

Customer:

I had sued the organization for not following the constitution of the org. In their motion, they claimed that I am not a member so the court cannot proceed with case. The case is scheduled in July 2013

TexLawyer :

Unfortunately, that will not form the basis of a proper fraud case. Asserting an invalid defense is not fraudulent for a number of reasons, most importantly, because the other side has immunity regarding statements they make during the course of litigation.

TexLawyer :

Often times, the defendant in a lawsuit will deny every claim that the plaintiff makes. Those denials are not considered to be fraud.

TexLawyer :

Second, the litigation process will take care of their untruthful statements. You will have an opportunity to produce evidence rebutting their claim.

TexLawyer :

Third, you their general denial of your membership has not cause you legal damages. In other words, even if you could sue them for fraud, you cannot show that you've been financially damaged by their false allegation.

TexLawyer :

However, if you can show that they intentionally lied to the judge, you can ask the judge to award punitive damages to you, so you could be compensated in that way, but you just can't do it through a separate lawsuit.

TexLawyer :

Based on what you've described, it sounds like you are in a very good position to easily defeat their defense, so I don't see that being a huge obstacle in your case.

TexLawyer :

Do you have any questions?

Customer:

Thank you.

Chris T., JD and 3 other Legal Specialists are ready to help you

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