Legal Question in Business Law in New York

Small Claim Court

When a claimant files a Small Claims case and there is not true to the allegations, what are the legal ramifications? Will the court take action against claimant for making false allegations? i.e., the allegations is as follows �you used my credit card for a graduation Dinner - totaling $500.00 & then borrowed $2,500.00 in cash�. This allegation is totally false! At the time of the graduation dinner we were told by the claimant that it was a graduation gift and the $2,500.00 was never borrowed.

Thank you,

Tony


Asked on 6/29/09, 9:00 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Small Claim Court

If the claim is false the Judge would dismiss the complaint. It is impossible for me to speculate about what a Judge would do beyond dismissal of the complaint.

Mike.

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Answered on 6/30/09, 8:27 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Small Claim Court

Since this is a small claims matter, you can inform the court of the "gift" issue when you appear in court.

You can also present the court with any proof that you have of the money being a gift as well as proof that the additional funds were never borrowed.

The court will sort everything out.

Patricia Martin-Gibbons

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Answered on 6/30/09, 10:30 am


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