Lying during a small claims court proceeding can have serious consequences. The judge presiding over the case has the authority to penalize those who are untruthful or dishonest. There are a few key things to understand about lying in small claims court.
What constitutes lying in small claims court?
Lying in court, also known as perjury, occurs when someone intentionally makes a false statement while under oath. This could involve lying during testimony, on documents submitted to the court, or on the initial paperwork filed to start the court case. Some examples of lies that could get someone in trouble include:
- Stating inaccurate facts or figures related to the dispute
- Denying something that is true
- Making up events that did not actually happen
- Withholding relevant information from the court
- Providing misleading or partial truths
Even unintentional falsehoods can be considered perjury if found to be misleading to the court. It does not matter if the lie seems minor or unrelated to the case. Any misrepresentation under oath is taken very seriously.
What penalties can someone face for lying in small claims court?
A judge has broad authority to enforce honesty and proper conduct in his or her courtroom. Some potential penalties for lying in small claims court include:
- Criminal perjury charges – Lying under oath is perjury, which is a criminal offense. It can be charged as a misdemeanor or felony depending on the circumstances. This is pursued separately from the civil small claims case.
- Civil penalties – The judge may impose fines or other monetary sanctions for contempt of court behavior. This penalty is imposed directly on the person in the context of the small claims case.
- Dismissal of your case – If the person who lied is the plaintiff, the judge may immediately dismiss the case and award it to the defendant.
- Payment of the defendant’s court costs – The judge may order the dishonest plaintiff to pay for the defendant’s court costs, including filing fees, lost wages, and travel expenses related to appearing in court.
- Jail time – Though rare in small claims, extreme contemptible behavior may result in jail time at the judge’s discretion.
In addition to these court-ordered punishments, the person caught lying will have their credibility destroyed. Any future testimony they provide will be questionable.
How might a judge determine someone lied?
Judges use several strategies to discern truth from fiction in the courtroom. This may involve:
- Cross-examining the witness and looking for inconsistencies or backpedaling in their answers.
- Comparing statements to documentation, evidence, and accounts from other witnesses.
- Evaluating the person’s demeanor, tone of voice, and body language for signs of deception.
- Considering if someone has motive or bias to be untruthful.
- Exploring previous instances of dishonest behavior.
In a “he said, she said” situation with no solid evidence either way, the judge will rely heavily on instinct and observations of credibility. Any hint of embellishment, avoidance, or hedging will signal untruths to an experienced judge.
Does lying in small claims court constitute perjury?
Yes, lying or purposefully misleading the court while under oath is the definition of perjury, regardless of whether the case is criminal, civil, or small claims. The proceedings of small claims court hold the same expectation that participants will be truthful in their statements and evidence presentation. The only difference is perjury in small claims is typically prosecuted as a misdemeanor rather than felony.
What about stretching the truth or mistakes?
The intent of the person and materiality of the lie are also considered when determining if perjury was committed. For example:
- Minor errors or exaggerations may not meet the threshold for willful deceit. However, the judge may still impose penalties if he or she feels misled.
- Making statements you believe are true but in reality are false is still considered perjury.
- Admitting you do not recall certain facts is better than guessing at information that could be wrong.
Overall, a judge will look at how significant the falsehood is, what the motivation was, and how cooperative the person is in correcting inaccuracies.
How can someone avoid accusations of lying?
The best way to avoid trouble is simply to be honest throughout the entire small claims court process. Focus on sticking to the facts of the case. Where evidence is lacking, acknowledge holes or uncertainties rather than try to fill in gaps with guesses. Avoid stretching the truth to match what you wish had happened rather than what actually did happen. Admitting honest mistakes or lapses in memory is viewed far less harshly than outright lies.
It also helps to be consistent across all statements and evidence presented. Major contradictions will lead the judge to believe that at least one part has been fabricated. Having your storyline align with other accounts also adds credibility.
What should someone do if their opponent is lying?
If you suspect the other party is being untruthful, the worst thing to do is accuse them of lying. This will likely only escalate tensions. Instead, focus on politely but firmly confronting the contradictions. For example:
- Ask questions that highlight discrepancies between their statements and documentation.
- Present evidence that directly conflicts with their version of events.
- Request they clarify which account is accurate when aspects diverge.
- Avoid heated arguments and remain calm as you challenge their credibility.
- Be sure your own statements are completely truthful and backed up by evidence.
The judge will pick up on these cues and pursue any concerns about dishonesty through their own questioning. Simply lay out the case that their information is unreliable, rather than accusing them of being a liar.
What if a lack of evidence leads to one person’s word against another’s?
In small claims disputes with very limited evidence, sometimes there is no way to definitively prove who is telling the truth. In these situations, the judge has to make their best determination based on credibility and consistent accounts. As a plaintiff or defendant, focus on:
- Appearing calm and confident, not defensive, when providing your testimony.
- Being consistent in your timeline and details each time you tell your side.
- Using any documentation possible to back up your version of events.
- Pointing out logical fallacies in the opposing side’s allegations.
- Building your credibility by admitting to any uncertainties in your account.
While absolute truth may not be provable, judges are skilled at distinguishing honest testimony from a clear fabrication. Have faith that sticking to accurate statements will resonate more genuinely than trying to bend the story.
Conclusion
Lying during small claims court proceedings carries serious risks of both criminal and civil penalties. Judges have little tolerance for obvious deception and misleading half-truths. Yet they also understand memory can be imperfect and small factual errors are inevitable. Focus on being cooperative, credible, and consistent with your testimony. Avoid exaggeration and speculation. Back up statements with evidence whenever possible. And let the judge discern who is telling the truth rather than accusing others of lying. Honesty remains the best policy for getting a fair hearing in small claims court.