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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3604
Experience:  30 years of experience
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I had someone lie in a court hearing in 2001, resulting in

Customer Question

I had someone lie in a court hearing in 2001, resulting in me being arrested and put in jail until I was able to prove she lied. She wasn't charged with perjury but I'm sure I can prove it. My strategy, at this point, since I have limited records from the 2001 case, is to file a defamation suit against her. She made statements recently that I feel I can use.
My goal is to get her into court or somehow get her to admit that statements she made in the original hearing were false or simply get her to tell the truth one way or another and that will indirectly show she lied. Then, I will use that information to ask the state to file charges of perjury against her.
This may be a stretch but I wan't to ensure she doesn't damage someone else's life like she has damaged mine. Here I am, nearly 15 years later, still dealing with it on my record because I can't get it removed, for various reasons.
Can you please send me a sample Defamation Suit that I could use as a template? I will most surely use an attorney but want to at least draft something that I can give to the attorney as a template. Thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Here is a sample complain that can be edited to fit your circumstance and jurisdiction.

http://www.matthewsnyder.org/Complaint.pdf

HOWEVER, you indicate that this incident occurred 15 years ago. Under the law civil and many criminal actions are barred from being brought after a certain period of time. The law that creates this bar is called a "Statute of Limitations."

The Statute of Limitations for defamation in Maryland is only one year. It is also only one year for Perjury.

I am sorry to be the bearer of this bad news, but I would not want you to expend your time, energy and money going down a road with no chance of success.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.

I heard there is no statute of limitations for perjury.

Expert:  Gerald, Esq replied 1 year ago.

Hello:

Thank you for your follow up question.

You are correct. I made an error.

Although Perjury is a misdemeanor for which the SoL is one year, because the penalty can include up to 10 years in prison the 1 year does not apply, and there is no Sol.

See:MD CTS & JUD PRO § 5-106

I apologize for my mistake. Thank you for the opportunity to correct it.

Kind regards,

Gerald