What about if you lie in Form N9A regarding earnings?

Ricardo1980

Hello,

I started a claim agains one person, and in the response, form N9A, he is lying regarding his employer, his other employments and “other living in my home give me” (he is trying to hide he is receiving 800 pounds per month apart from the salary).
I guess he is doing this to appear that he has less money.
What he does not know is that I have evidences to prove that he is lying to court in this document, and the doc says:
“I declare that the details I have above are true to the best of my knowledge”, which is signed by him.

So, what should I do? Should I mention this in my Witness Statements? Should I just tell this to the judge in the hearing?
I would say this is a criminal offence and he should receive a fine or punishment. How can I do that?

As usual, thanks in advance.

G_M

Hard to advise without all the facts, however I'd suggest both.

Your witness statements should respond to his defence, contesting his clims, and you attache whatever documents or other evidence you have to disprove his claim.

Then you bring it up at the relevant point in the hearing, which is likely to be at the end once judgement has been made. If judgement goes against you, it will not be relevant. If judgement goes in your favour, the defendant's earnings become relevant if he then requests a payment plan etc and at that point you refer to your evidence that he has more assets/income than he is claiming he has.

Ricardo1980

OK. I guess you are right.

I forgot to mention one detail:
The defendant is defending the entire claim and in the defence box he wrote nothing. And very close to that box is said in bold letters "If you fail to deny an allegation it may be taken that you admit".
So, there is nothing I can responde in the witness statements regarding that.
I think this could be important because this proves he is a liar.

Is that a criminal offence?

Thanks.

G_M

Ricardo1980 wrote: »

OK. I guess you are right.

I forgot to mention one detail:
The defendant is defending the entire claim and in the defence box he wrote nothing. And very close to that box is said in bold letters "If you fail to deny an allegation it may be taken that you admit".
So, there is nothing I can responde in the witness statements regarding that.
I think this could be important because this proves he is a liar.

Is that a criminal offence?

Thanks.

He's written nothing? In what way does that prove he's a liar?

I think you should stop trying to introduce ciminal law into a civil proceding. In every civil dispute, 2 sides are presented to the court. The court decides which they believe and rules accordingly. By definition the 'losing' side has said things which the court did not accept as true, so by your theory everyone who loses in a civil court should be packed off to one of our (overcrowded and out of control) prisons!

Having said that, if he's entered no defence it is likely you will win, unless the judge grants him leave to enter a defence at a later stage.