How can I win a legal battle if the document used against me is fake?
I've got a case in the Ombudsman about a certain landscam, but I can't prove that the evidence is fake or invented.
Answers:
The truth should win out and if it's fake, it can't be "proven true" right? I've lived here 20 years and the town says my house grew 50 sq ft. Nothing I could do helped until I hired a professional to measure it over again..If they claim they are correct they should have no trouble showing you proof of their "truth".
You need somwhow to prove your case.
if you cant prove that its fake then you will loose. does the document have a date, where you some-ware ell's on that date? do you have witnesses? the only hope you have is to prove that its fake.
Easy! (ha) You have only to prove that the document is fake.
If, on the other hand, you can't outweigh the evidence of the opposing side, then you are up the proverbial creek without a paddle, I'm afraid.
You can prove that the evidence they possess is fake or spurious or just invented or fabricated. I suppose you are a government employee, since you have a case in the Ombudsman and this institution only caters to government employee(s) and officials.
Since your information here are not thoroughly detailed so the answers you will get are just speculations. Everyone can contest a document whether it is fake or not since you are the defendant you should have the means and the resources to counter the accusation thrown at you. But since this will be proved by the prosecution, they have the grand time to prove that the evidence they have in their possess are all genuine and the real mcoy. That would be their burden or great problem to prove them in court. Just like I always believe the "truth shall set you free", so why bother. If all their accusation are just fabricated, then there is nothing to be afraid of, but the problem is what if they have in their possess are all real but you are just pretend they are not, that would be another story.
Since most government employee/employer are corrupt, only a few employee/employer working in the gov't can be trusted, I know because I am a Filipino too, and mostly, government men and women accuse of enrichment and malversation will tell the court I AM NOT GUILTY, yet they owned 5 mansions and lots of luxury cars, isn't it obvious that she/he is guilty already?
But to answer your question, the burden doesnot lies in your backyard so to speak but to your accusers since they will have to prove to the court that the papers/documents/witness they have are telling the truth. That would be the job of your lawyer to prove to the court that they donot have even a slite evidence of guilt.
I dont exactly know what kind of documents we are talking about here, a deed perhaps or a land survey? but nevertheless I assume it must have a signature. If thats the case it is imperative that you retain a handwriting expert to examine the signature. Further to that, if the document is at all important it is probaly notarized or signed by witnesses. Contact the notary/witnesses and interview them... notaries have logs, and witnesses have memories of what they signed. Ask to view all copies of the document (city, seller, buyer, insurance company, etc.) and compare. If you cant prove with your expert that the document is a fake, having sworn testimony that the document is a fake from reliable sources should help you out.
The whole idea is that you have to prove your case and if you don't have any substantial documents to do that then you have to rely on other evidence which would be acceptable to the court and which will stand up in court, without that it would be near impossible to win a case.
i'm not very sure about UK law but .. if it is a land title, u may check with the original copy in Land Office or whatheva department related to land in your state and to make it confirm, you should launch a police report to show that you are in a true side. if it involved forgery, u may appoint an expert to analyze the signature or documents. ... and the most important thing is ... Keep a record on your documents especially the dates of transaction and the person in charge of that document.
prove it to be fake, and get it tossed...
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