After a court orders a property list to be filed, what must the file show before a civil penalty can be imposed for refusing or filing a false list?
General information · Not legal advice
Material to check
In a practice file we read the order issued under the earlier provision requiring submission of the property list and the record of when and how it was served, then the list actually filed, to see whether it was refused or is untrue, and any paper in which the person explains why submission could not be made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out every condition in order: a person who has received the order under the earlier provision, and who either refuses to submit the property list or submits a false one, is liable to a civil penalty, but only where the refusal or the false list occurred 'without a justifiable reason'.
Another reading notes what the provision does not say: it names no body that imposes the penalty, no application or procedure for imposing it, and no test for 'justifiable reason' or for when a list counts as false, so the file has to show on its own papers which of the two forms of conduct arose.
Your judgment
If the person says the list could not be filed in time, what in the record would show whether that was a justifiable reason?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name the body that imposes the penalty or to set out a procedure and a test, or if a court decision explains what counts as a justifiable reason or as a false property list.