I was angry and jealous of a former colleague who is getting a very good settlement deal to resign. I signed a written affidavit stating that I had received a leen from that person's attorney when I really did not . Their attorney told me that if I signed it that I would not have to appear in court because it was as good as in person testimony but now that former employee has hired an attorney and that attorney has succeeded in getting the judge to schedule a full hearing on the matter and now I have to appear in court and I'm worried that their attorney will succeed in proving that I lied on the affidavit. The whole success of the leen is based upon whether or not I received it so I figure they're not going to all the expense of hiring a second lawyer to battle this leen unless they figured they could expose me on the witness stand . I I am sure nobody here is having sympathy for me because I lied so maybe I won't get any answers but I'm really scared and am wondering if there is anyway I can take it back before I have to appear in court.
Your question is confusing. You do not receive a lien from another person's attorney.
Get your own lawyer who will know how to handle this issue.
You cannot rescind a sworn affidavit but when you testify, you can indicate that you did not tell the full truth and explain why you did not. The rest of your question is confusing. It is not possible to have a lien (not leen) in the manner you describe. It is highly unlikely you would be charged with perjury. For best result, you should consult with an independent lawyer to discuss your options and receive further advice.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
It is simply not possible to take it back. That is like trying to put toothpaste back in the tube.
We get "take back a statement" questions all the time. There is no such thing. Once a statement of any kind is made it is forever. You can deny that you made it, you can say that you were mistaken when you made it, you can say that you lied when you made it, you can say that you made it at gunpoint, or that you were drunk or drugged. In other words, you can contract, deny or explain the statement that you made and a judge or jury will have to decide what is true and what is not. What you cannot do, however, is simply make a prior statement disappear.
The only exception is that under certain circumstances a judge can order that a statement made to the police should be "suppressed" when it was obtained illegally. Suppression places restrictions on the evidentiary use that can be made of the statement in court.
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