Legal Definitions - false plea

A false plea refers to a formal statement or assertion made in a legal document filed with a court (such as a complaint, an answer, or a petition) that the person making it knows to be untrue, or that is made without any reasonable belief in its truth. Such a plea is considered an abuse of the legal process because its purpose is often to mislead the court, delay proceedings, or gain an unfair advantage, rather than to present a genuine legal claim or defense.

Here are some examples illustrating a false plea:

• Example 1: Misrepresenting Facts in a Civil Lawsuit Defense

  A small business is sued by a supplier for non-payment of a large invoice. In its formal written response to the court (known as an "answer"), the business's owner states under oath that the goods were never delivered, even though internal shipping receipts and warehouse logs clearly show the goods were received and signed for by their employees. This assertion is made to avoid paying the debt.

  This is a false plea because the business owner is formally asserting a fact (non-delivery of goods) in a court document that they know to be untrue, attempting to mislead the court and evade their contractual obligation.

• Example 2: Fabricating Details in a Personal Injury Claim

  An individual files a lawsuit claiming significant and debilitating injuries from a minor slip-and-fall incident at a grocery store, seeking substantial compensation. In their initial complaint and subsequent sworn statements, they describe being bedridden for months and unable to perform basic daily tasks. However, surveillance footage and social media posts later reveal that they were actively participating in strenuous sports and travel during the period they claimed to be incapacitated.

  The plaintiff's formal assertions in their complaint and sworn statements regarding the severity and impact of their injuries, if known to be exaggerated or fabricated at the time of filing, constitute a false plea. They are presenting untrue facts to the court to seek a larger settlement or judgment than they are legitimately entitled to.

• Example 3: Concealing Assets in a Bankruptcy Petition

  A person files for personal bankruptcy, which requires them to submit a detailed petition to the court listing all their assets and debts. In this formal document, they intentionally omit a valuable antique car collection they own and have stored in a friend's garage, hoping it will not be discovered and included in the assets available to pay their creditors.

  The bankruptcy petition, being a formal document filed with the court under penalty of perjury, contains a false plea because the individual has made a factual assertion (that they have disclosed all assets) that they know to be untrue, intending to hide assets from creditors and the court.