Perjury in a civil case

Asked about 1 year ago - Olive Branch, MS

I am currently involved in a personal injury lawsuit against an individual that ran a red light and hit me and my wife while we were pulling into the intersection. I recently found out that the defendant has lied under oath in his answer to the interrogatories that I submitted to him. He also has multiple aliases he is using to try to hide assets. How do I request the judge to grant a default judgement based on perjury? I do not have a PI lawyer and am trying to do this on my own.

Additional information

I have spoken to multiple attorneys and none of them will take the case. The reason they gave me is that he had the minimum insurance liability of $25k. My medical bills alone were more than twice that amount. The lawyers I spoke with said that I would get the insurance money without their help. The guy that hit me has substantial personal assets, which is what I am going after. The lawyers will not help because they tell me it is hard to collect on an individual lawsuit.

Attorney answers (5)

  1. Anders Ferrington

    Contributor Level 16

    5

    Lawyers agree

    Answered . It is very hard to collect on an individual over the amount of coverage. This is because of the potential for bankruptcy, as well as what assets there are on which to be collected. Unless there is substantial real property or substantial assets in a banking institution collection is difficult.

    You can ask for sanctions based on the perjury. I do wish you luck with your case and strongly advise you to consult an attorney to at least evaluate your chances of victory and then if victorious, the possibility of collection

    The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice,... more
  2. James Paul Tinsley

    Contributor Level 12

    5

    Lawyers agree

    Answered . The perjury will not allow you to win the lawsuit. You should still sue and try to get a judgment against him, either default or otherwise. Then the case will simply turn on trying to collect on the judgment. As stated elsewhere, a bankruptcy filing would wipe out your judgment. In this scenario most PI attorneys will not take this type of case on a "contingent" basis since the odds are really low you will collect anything. You could pay an attorney by the hour to help you with the case. That way you are only putting as much money in the case as you can afford and can get some help along the way.

    I am only licensed in Mississippi. By answering this question, we have not entered into an attorney-client... more
  3. Alan James Brinkmeier

    Contributor Level 20

    4

    Lawyers agree

    Answered . Perjury will get you no where in your case because civil perjury does not relate to your cause of action. It is very technical. You may, by vigorous cross examination prove up the lie. But, that takes a high degree of skill. You must persuade the trier of fact that it is a lie and that is really hard.

    Get counsel. Pro se is almost short for "YOU LOSE"

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Try contacting a few more attorneys. They can likely negotiate any liens down.

  5. Kevin Coluccio

    Contributor Level 20

    3

    Lawyers agree

    Answered . Get a lawyer. The lawyer will be able to help you.

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