What to Do When a Lawyer Lies on an Eviction Notice with False Information

Discover how to handle a situation where a lawyer includes false information in an eviction notice and the steps you can take to protect your rights and respond effectively.

Identifying False Information in an Eviction Notice

If you receive an eviction notice that contains false information, it is important to take action immediately. If the content of the notice is untrue, you should strongly deny those claims, providing factual details as evidence. This can be done by sending a reply to the landlord, or seeking legal advice from a lawyer to ensure your response is handled appropriately.

Consequences of Silence

Remaining silent in response to an eviction notice that contains false information can have serious consequences. Without a counter-argument or evidence to the contrary, these false claims may be accepted by the court and used against you. This could result in an adverse judgment or even a default ruling, making it difficult to defend yourself in the future.

Legal Courses of Action

Several legal actions are available to address the situation:

Suing for Slander or Libel: If the lawyer intentionally provided false information about your financial status or dealings, you could sue them for slander or libel. These legal actions can hold the lawyer accountable for any harm caused due to their false statements. Challenging the Affidavit: In court, you can prove that the affidavit is perjurious (false under oath). If the court finds the affidavit to be false, they may disregard the false elements and possibly charge the lawyer with perjury, which can lead to a criminal conviction and disbarment. Providing Evidence in Court: You can present your evidence at the eviction hearing to prove that the information provided in the eviction notice is false. This process ensures that the judge reviews the actual facts and makes a decision based on verified information.

Why a Lawyer Would Include False Information

It is extremely unlikely that a lawyer would personally lie on an eviction notice. Typically, a lawyer prepares legal documents based on the information provided by the client. If you believe the landlord has provided false information, you should focus on defending yourself in the eviction proceedings.

Staying Informed and Seeking Legal Advice

If you are facing an eviction and suspect false information, it is crucial to take the following steps:

Consult a Lawyer: Seek professional legal advice to understand your rights and options. A lawyer can guide you through the process of fighting the eviction and provide the necessary evidence to counter the false claims. Fighting the Eviction: If you wish to contest the eviction, gather all relevant evidence and work with your lawyer to present it in court. This process can be expensive, but necessary to protect your rights. Negotiating Terms: If fighting the eviction is not feasible, consider negotiating a more convenient moving date with the landlord. This can help avoid prolonged legal battles and offers a way to move out of the property amicably.

Remember that you have the right to stay in your property only until the eviction process concludes, and an eviction notice may also lead to a notice to vacate if the eviction is upheld in court. In any case, taking swift and informed action is essential to protect your legal rights and financial stability.