Colorado Libel & Slander Questions & Answers

Q: Can I sue a news station for publishing the name of a family member that caused his life to be I danger?

1 Answer | Asked in Libel & Slander and Criminal Law for Colorado on
Answered on Jan 24, 2019
Courtney Edwards' answer
Unless what the new station published was false and they knew it was false or were completely reckless with regard to the truthfulness of the report, no, you cannot sue. That is public information and the press is protected by the First Amendment.

Q: can mugshots.com be forced to take my info off their site.

1 Answer | Asked in Criminal Law and Libel & Slander for Colorado on
Answered on Apr 27, 2017
Tristan Kenyon Schultz's answer
I am not familiar with the law you are referring to (it may exist, I just may not have heard about it), but there is likely a jurisdictional problem with Colorado having power over you and potentially the website (as you noted). I cannot check the statute to see if Colorado can assert protection over a non-resident (i.e. you), but there is a possibility. If you want to pursue the matter, you will likely need to contact a lawyer. As an aside, you are correct to not pay the removal fee (this fee...

Q: I was evicted I counterclaimed the landlord didn't show up I got default judgement do I win my claim?

1 Answer | Asked in Landlord - Tenant and Libel & Slander for Colorado on
Answered on Mar 23, 2017
Tristan Kenyon Schultz's answer
A default judgment (which is what occurs when a party does not appear without cause) does mean you "won" the case. You should review any final materials you received from the court (they usually say "Final Orders" or something like that) to see exactly what the judge awarded. That is, the eviction was likely dismissed, but the counter claim would only be granted if you provided a minimum level of evidence to support the claim (and it was awardable under Colorado law).

As for the redo,...

Q: Current apartment manager put false info on my credit report says we were evicted 7 time from place we still live at

1 Answer | Asked in Landlord - Tenant and Libel & Slander for Colorado on
Answered on Feb 28, 2017
Tristan Kenyon Schultz's answer
There are civil means to punish a party who wrongfully places items on a credit report. This is best discussed with a lawyer on an individual basis and will not produce immediate results. For faster results contact the credit reporting agencies about making a claim for inaccurate or false reporting. The agencies do not work terribly fast, but if you present the correct documentation, the items will be removed (this part can be done both with or without a lawyer).

Q: Hi, I believe I am going through a Libel crime situation I need advise and I'm not at fault

1 Answer | Asked in Libel & Slander for Colorado on
Answered on Feb 3, 2017
Tristan Kenyon Schultz's answer
Libel is not a criminal matter, but a civil claim. Libel is the publishing of untrue/incorrect information to 3rd parties that causes direct harm (beyond simple emotional distress). Libel and slander cases are fact-specific claims, you will need to contact a lawyer directly to evaluate the strength of your case.

Q: If a sugar daddy begins only agreeing to pay if sexual acts are administered, can you sue?

1 Answer | Asked in Criminal Law, Libel & Slander, Sexual Harassment and Contracts for Colorado on
Answered on Aug 16, 2016
Samuel Ventola's answer
This is actually a civil law issue, rather than criminal. You can only sue a "sugar daddy" for "payment" if you have an enforceable contract. The contract need not necessarily be in writing, but it might be difficult to prove that there was an oral contract like this. The contract also cannot be illegal. There would also have to be "consideration" for the alleged promise to pay - that is, the person would have to show that under the agreement they would give something legal or provide some...

Q: What rights do i have if boss fabricates lie about me?

1 Answer | Asked in Employment Law and Libel & Slander for Colorado on
Answered on May 11, 2016
Tristan Kenyon Schultz's answer
There is slander/liable. In an employment context, you would need to provide evidence that the false statements negatively impacted you at work. In either case you will need a lawyer because these are technical and fact-driven legal claims.

Q: Being aggresivly slandered by former employer as of 7 days ago. Have not contacted him or retaliated. What do today ?

1 Answer | Asked in Libel & Slander for Colorado on
Answered on Dec 13, 2015
Tristan Kenyon Schultz's answer
Contact a lawyer. Slander is not an easy claim and a lawyer will need to review the specifics of your case. Review CRS 13-25-124 and 13-25-125.5 for the specific court procedures at: http://www.intotolegal.com/upcoming%20Events/Forms.html .

Q: Is reading my wife's email illegal?

1 Answer | Asked in Libel & Slander for Colorado on
Answered on Oct 14, 2015
Tristan Kenyon Schultz's answer
Reading is arguably not illegal, provided you are not hacking to gain access. For admissibility of the email/texts it depends. The best approach is to have an attorney request the texts/emails. Be aware that libel/slander requires conduct that shocks the conscience and/or harmed your reputation (these are very high standards).

Q: My ex is telling everyone that I am a meth addict. I am not and have taken a hair follicle test. What can I do

1 Answer | Asked in Libel & Slander for Colorado on
Answered on Oct 14, 2015
Tristan Kenyon Schultz's answer
Ah divorces... it brings out the best in people. From a legal perspective, you husband can make the claim and a court may (emphasis MAY) order a review (be aware that you can recover attorney fees and court cost if it is subsequently shown your ex is abusing the judicial system). As for your ex's unkind words, this gets more difficult. You theoretically could file a slander suit, but this will be cost prohibitive and create a lot of problems. You can inform the family court judge of your...

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