Saturday, January 21, 2017

NEW COURT DECISION REAFFIRMS ABSENCE OF PRIVATE RIGHT OF ACTION FOR PERJURY

If a garnishment affidavit contains a false statement, this does not give rise to a separate cause of action.  Instead, the remedy is within the action where the false statement was made.  "[S]uch an allegation is a defense to the underlying collection action and must be asserted in that suit." Stricklen v. O.I.P.M., LLC, 2017 OK CIV APP 3.