Legal Definitions - deceitful plea

A deceitful plea, also commonly referred to as a sham pleading, describes a legal document submitted to a court that contains false statements, fabricated facts, or baseless legal arguments. The key characteristic is that these falsehoods are presented with the deliberate intention to mislead the court or the opposing party, rather than being an honest mistake or a weak argument. It is a dishonest attempt to gain an unfair advantage, obstruct justice, or delay legal proceedings.

• Example 1: Denying a Clear Debt

  Imagine a business owner, Ms. Chen, who purchased a large shipment of electronics from a supplier. She received the goods, signed the delivery receipt, and even sold some of the items. When the supplier sends an invoice, Ms. Chen refuses to pay. The supplier then sues her for the unpaid amount. In her formal response to the lawsuit (her "plea"), Ms. Chen falsely claims she never received the goods and that the signature on the delivery receipt is not hers, even though she knows it is.

  This is a deceitful plea because Ms. Chen is intentionally presenting false information to the court (denying receipt of goods and her signature) with the aim of avoiding her financial obligation or delaying the legal process.

• Example 2: Fabricating Facts in a Complaint

  Consider a situation where Mr. Davies wants to sue his neighbor for property damage, but he has no actual evidence that his neighbor caused any harm. To initiate the lawsuit, Mr. Davies files a complaint (which is a form of plea) with the court. In this complaint, he invents a detailed story about seeing his neighbor's children intentionally vandalizing his fence, even though he never witnessed such an event and knows it didn't happen. He includes these made-up details to create a seemingly valid legal claim.

  Mr. Davies's complaint constitutes a deceitful plea because he has fabricated the core factual basis of his lawsuit. He is intentionally misleading the court by presenting false allegations to initiate a legal action that lacks a genuine foundation.

• Example 3: Falsely Claiming Lack of Notice

  Suppose a tenant is sued by their landlord for unpaid rent. The tenant was properly served with the lawsuit papers by a process server, and they personally signed to acknowledge receipt. However, after a default judgment is entered against them (because they failed to respond to the lawsuit), the tenant files a motion with the court asking to have the judgment overturned. In their sworn statement supporting the motion, the tenant falsely claims they never received any notice of the lawsuit and were unaware of the proceedings, despite knowing they signed for the papers.

  The tenant's motion and sworn statement, asserting a false claim of non-receipt, would be considered a deceitful plea. They are intentionally misrepresenting a crucial fact (receipt of legal notice) to the court in an attempt to undo a valid court action and avoid their legal responsibilities.