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Inconsistent statements, what to expect?

Jonesboro, GA |

My friend is in legal dispute over certain assets. She was receiving welfare benefits and claimed no assets. Her opponent subpoenaed dfcs and will use these records during trial. Someone suggested that it is judicial estoppel and she cannot claim interest in assets because she signed welfare applications. What to expect in court?

Attorney Answers 2

  1. Best answer

    It's likely not judicial estoppel. The other lawyer will be able to use her statement that she had no assets to attack her credibility and argue that the judge and jury should not believe her because she is dishonest.

    If she knowingly made an inaccurate statement on a welfare application she could also face criminal penalties.

  2. Hard to say without reviewing everything, but it's true that inconsistent statements when made under oath can be used to impeach someone's credibility. Your friend needs to ask her own lawyer about her statements sot hey can properly prepare her for court.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.