Q: Can I sue or have charges filed against a person acting on behalf of a business, that made false statements in court?
My equipment and tools were seized by the police, the two charges I received were felony charges. I had two pieces of equipment that I purchased from an ABC rental company over 10 years ago. I had to dig through mountains of paperwork to find my reciepts and prove my innocence in court. The manager gave sworn statements claiming the items went missing from their inventory in 2013. I purchased both pieces in 2001 and 2003, with orginal reciepts. The statute of limitations was far exceeded even if I "rented the items" and never brought them back. There were no police reports from the time they went "missing" and they just simply signed statements in 2016 saying they were stolen. I proved my innocence and no charges have been filed against the magager or owner. The case is done with and I am getting my tools back, can I have criminal charges filed against them for filing false statements and perjury? My lawyer has not been on my side and has kept me in the dark completely. Can I sue them?
A: You can sue for defamation and malicious prosecution. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
