Q: Can I appeal a writ of FI FA levy against me
Customer won civil trial in his statement of claim the 3 issues he filed suit for I have direct proof they are lies in the form of his own texts messages to me before suit was filed. Purgury is lying under oath. I did not pay court ordered money. On 9/10/23 deputy sherrifs came to my house demanding money or property under the writ of FI FA levy. I have seen no documentation on this, according to them I have until
9/15/23 to comply or property will be seized.
A:
If the customer won the civil trial, you are now precluded from contesting that judgment other than by means of an appeal. Presumably the text messages providing direct proof of the lies were offered into evidence by your attorney at that trial. If not, why not? They’re not newly discovered evidence as you’ve had them since they were sent and undoubtedly had a duty to disclose them along with other relevant evidence before the first trial.
Ordinarily you cannot collaterally attack a valid final judgment on the grounds it is based on perjured testimony. Your attorney should have impeached that testimony when it was given using the text messages which prove they are lies so the trier of fact could weigh all the relevant evidence before making a decision.
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