Legal Question in Civil Litigation in California

Forged Proof of Service documents

If I have proof that a defendent in a civil suit forged 5 proof of service documents and I want this person to be held liable, what steps can I take...I am NOT a party to this case


Asked on 4/19/09, 10:56 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Forged Proof of Service documents

If you aren't a party to the case then why would the defendant be liable to you?

Proofs of service are sworn under penalty of perjury. Forging such documents would constitute perjury if the falsehoods they contain were material when they were prepared. If you really want to make trouble for this person U suppose you could report your concerns to your local law enforcement agency.

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Answered on 4/19/09, 11:04 pm
George Shers Law Offices of Georges H. Shers

Re: Forged Proof of Service documents

Mr Hoffman is entirely correct. You lack standing to complain to the court in that case [you could tell all of your information to the attorney for plaintiff] and you personally have suffered no damages, even if you have a case agaisnt the same person. If the forger is an attorney, you could report them to the State Bar.

But be sure that you can really prove the statements were intentional lies. If you tell people they were lies and you can not prove that, then you can be sued for defamation. Also, do not be surprised if nothing happens to the person. If the forger is well known to the Court and liked, your result may be what happened to me in a Law and Motion matter where I raised the same type of issue and had clear proof that someone had altered a court order, but the judge knew and liked the opposing attorney who had done it and ignored my allegations.

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Answered on 4/19/09, 11:47 pm


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