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Libel & Slander Questions & Answers
1 Answer | Asked in Business Law, Criminal Law and Libel & Slander for Florida on
Q: I have been receiving defamation, phone call harassment to my business? We reported to the police couple of time.

My business, myself and employees are in fear because we are receiving phone calls, stalking with threats, online defamation to my business from a person. We reported to the police many times but didn't see any result. I really can't afford right now for an attorney and just want to see... Read more »

Henry George Ferro
Henry George Ferro answered on Sep 17, 2020

YOU ARE DESCRIBING A VERY DIFFICULT CASE, UNLIKELY TO FIND A FREEBIE LAWYER...GOOD LUCK...

1 Answer | Asked in Personal Injury and Libel & Slander for California on
Q: My brother stalks me he's destroyed my life. He uses his position as manager at AAA get info about me. Can i stop him?

The DMV instructed me to surrender the plates on my car and they issued me different plates. The new plates are personalized plates that i didn't order. The message on the plates is a terrorist threat. The plates contain the letters PBK along with the years my daughter's were born. To me... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 16, 2020

much more info needed.

it is not the type of matter I handle.

i would not post info on an open forum like this that anyone can access.

you need to make an appointment with a lawyer in your area of the state....but I suspect lawyers will only take a matter like this on an...
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1 Answer | Asked in Libel & Slander for Missouri on
Q: Can a customer sue me over an argument . She claims I called her a racial slur which I did not

Yesterday I got into an argument with a customer she claims I called her a racial slur and discriminated against her. I did not call her anything and we're of the same race. We're both mexican and I work in a Mexican restaurant. The only people there at the time was her and her friend and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 15, 2020

Anyone can sue anyone for anything. I understand that you are saying you didn't call her a racial slur but even if you did that would not support a claim for defamation because, among other things, defamation requires and objectively false statement rather than opinion, as well as resulting... Read more »

1 Answer | Asked in Libel & Slander for California on
Q: daughter bought car, let friend use with conditions, friend broke the conditions, she took car back,friend threat to sue

friend wants monies she paid on loan back while she had car, she damaged car while in her possession, is this possible or can daughter sue her for damages to car and monies still owed on car since she broke conditions?

Maurice Mandel II
Maurice Mandel II answered on Sep 14, 2020

First, you cannot libel or slander a car. This is a breach of contract. Your daughter can sue for breach of contract, if less than $10,000, can sue in small claims. Hope she has all these conditions in writing, dated and signed by the person to be charged.

Justia disclaimers below,...
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2 Answers | Asked in Libel & Slander and Civil Litigation for California on
Q: Does the TOLLING OF CALIFORNIA'S STATUTE OF LIMITATIONS apply in my situation?

I'm currently a PA resident, and a CA resident gave me a cease-and-desist letter, expressing his intent to sue me for libel (because of an online petition I wrote about him in February 2016).

However, I learned that California's statute of limitations for libel is 1 year, but it... Read more »

Jonathan S. Dennis
Jonathan S. Dennis answered on Sep 10, 2020

A defamation (libel and/or slander) lawsuit must be filed within one year after the defendant first communicated each defamatory statement to a person other than the plaintiff. See California Code of Civil Procedure § 340(c).

There are exceptions, but not because a Defendant is out of...
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1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... Read more »

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Hire a true criminal defense attorney.

1 Answer | Asked in Libel & Slander for California on
Q: My co-worker made false accusations, informed management things I never said or done, can I file defamation against her?

I had minimal interactions with my co-worker. If we met to discuss issues, there's 3rd staff presented at the same time. The co-worker complained to the management team that I insulted her and blamed her. I told manager let's meet and clarify what she's claiming because my... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 2, 2020

You can file against her, and if you win, you can seek to collect against whatever assets she has that are subject to levy, which, in the case of a co-worker, may not be much. Defamation is not so easy to prove, you have to prove the statements made were FACTS, that she KNEW they were FALSE when... Read more »

1 Answer | Asked in Libel & Slander for New York on
Q: I am filing poor person papers to waive $210 index fee in court.The clerk is hassling me abit

Article 11 and talking about fraud in trying to apply as a poorperson question is,could the courts try to claim I am committing fraud when applying for poor person status?

Tim Akpinar
Tim Akpinar answered on Sep 2, 2020

Here is a resource that might be helpful. It's from the NYS Unified Court System:

What to Say in a Fee Waiver Request

The Affidavit given to the Court to support your fee waiver request should include the following information:

- state that you are unable to pay the...
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1 Answer | Asked in Libel & Slander on
Q: Why is it difficult for a public figure to win a defamation lawsuit against a tabloid? It seems very rare.

I am researching cases where public figures like politicians and celebrities have sued tabloids and blogs for defamation but in most cases, they lose even though the statements made were indeed deemed to be defamatory. I'd like to understand this better.

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

The reason is that when the alleged victim is a public figure, they must prove the wrongdoer knew the statements were false, or that they had a reckless disregard for whether they were false. That's a generalization and in your research you will find case law that analyzes this more... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Libel & Slander for Kentucky on
Q: 17yo stepdaughter ran away. CPS is involved due to false allegations-but at this point is still only under investigation

She turns 18 in March. Can husband emancipate her? Will this stop the CPS investigation? A judge sent her with her grandma to stay until investigation is complete but the judge never submitted any orders stating this. Husband is still responsible for his daughter. Grandma can't control her.... Read more »

Timothy Denison
Timothy Denison answered on Aug 30, 2020

Do not agree to the substantiation. Both parents need lawsuits. Lawyer will be able to assist in emancipation.

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Libel & Slander for Maryland on
Q: My 14 year old son was accused of sexual assault in the middle of class. After the investigation and no evidence the

court dropped the case. That is including no witnesses. Her parents petition and had it reopened. There is no new evidence and we moved from Maryland to Texas. At what point does this become harassment or slander? At the beginning of this we were upfront with the planned move. So it wasn't... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 29, 2020

A Maryland attorney should advise you on this, but your question remains open for two weeks and time is likely of the essence in any reply or appearance you might need to arrange for. While this is not something you don't already know, it would be advisable for you to consult with an attorney... Read more »

1 Answer | Asked in Libel & Slander for New York on
Q: I am applying to the court to go as a poor person,the clerk scared me a bit about fraud referencing cplr article 11

Should I be worried? I didnothing wrong.

Tom Evans
Tom Evans answered on Aug 28, 2020

Sorry but I need more details. Are you a seaman? If so and you are filing in Federal Court and the matter happened on a vessel you might not be required to pay a filing fee.

2 Answers | Asked in Libel & Slander and Civil Litigation for California on
Q: Can I counter sue if I am being defamed by another employee that was fired?

An employee that was fired sued the company for wrongful termination and states that I was a liar. I believe I am being defamed. When she sued the company my name was included in the lawsuit. I was given a DISC-001 Interrogatories general form. It has plaintiffs information ad well as JAMS case... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2020

You cannot sue someone for defamation arising out of allegations in a lawsuit. There is a litigation privilege that would kill your claim as soon as it was filed. Your only possible recourse for being sued and suffering emotional distress from the lawsuit is if you could state a meritorious claim... Read more »

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1 Answer | Asked in Employment Law, Libel & Slander and Sexual Harassment for California on
Q: Do i have a defamation case against my employer?

Hello.

My name is Martin. I would like information in regards to filing a defamataion case against my employer. I have received final vacation pay and my employee status on ADP states "Terminated". I have not received any paper work from my employer. I believe that the termination... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2020

Unfortunately there is nothing in your post that would suggest that you have a meritorious claim for defamation against your employer.

First, the employee who accused you of sexual harassment had a protected right to do so, and your employer has a legal duty to take her charge seriously....
Read more »

2 Answers | Asked in Car Accidents, Criminal Law, Federal Crimes and Libel & Slander for California on
Q: Scared to pull over after a minor car accident because of possible violent reaction from the other person involved.

Let's say I got in a minor car accident and the other driver is acting angry and possibly violent. Could you keep driving (essentially making it a hit and run) because you felt unsafe to pull over and get out of the car? Is there a legal way to do this? Like calling the cops to explain the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 27, 2020

"Assumptions are the mother of all Foul ups." If you are assuming that the other driver would react violently and just take off, you are at fault for a hit and run. BUT, if you pull over with your windows up and the other driver makes any kind of overt act of violence, you would be... Read more »

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1 Answer | Asked in Libel & Slander for Wisconsin on
Q: If the court slanders your namePuts a bad name on you
Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

Unless this involved something aboard a vessel, there didn't appear to be an element of maritime law. Nonetheless, in terms of slander (or libel), there are certain privileges, one of them being court proceedings. That could mean things said in the course of a trial might be immune from legal... Read more »

1 Answer | Asked in Civil Litigation and Libel & Slander for Oregon on
Q: Opposing counsel claims that I am a public figure. There has not been discovery .

I have filed many objections and the objections are ignored. The opposing attorney has pushed this false assertion of me being a public figure, all the way up through the appellate courts. Therefore this entire case is being handled as if I'm a public figure, when I am not a public figure. He... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

An Oregon attorney could advise best, but your post remains open for two weeks. You did not ask a question, but from your post it looks like you brought a defamation action against someone for something they said about you. I think that your adversary is arguing that you are a public figure in... Read more »

1 Answer | Asked in Libel & Slander for California on
Q: Can I sue a person who was party to a restraining order and he served it to me
Maurice Mandel II
Maurice Mandel II answered on Aug 22, 2020

Judge told me "You can sue a ham sandwich." But if you want to win, you have to have a recognizable claim. Insufficient information to determine. What is your damage? What is your relationship to the people on the Order? Are you named on the Order? Why were you served? Like many... Read more »

1 Answer | Asked in Libel & Slander for Oregon on
Q: If someone uses my car and shoplifts but I wasn’t involved or knew of this, am I liable?

They have witness and video but it’s not me

Tim Akpinar
Tim Akpinar answered on Aug 20, 2020

An Oregon attorney could advise best, but your question remains open for three weeks. As a general matter, based on these brief facts, you should not be liable. The description you provide does not indicate that you did anything wrong. If for any reason you are accused or implicated, which seems... Read more »

1 Answer | Asked in Divorce, Legal Malpractice, Criminal Law and Libel & Slander for Louisiana on
Q: What Is The Legal Definition Of Entrapment?
E. Alexander Laird
E. Alexander Laird answered on Aug 20, 2020

This is a common question and subject to many misinterpretations.

Entrapment is a defense to criminal charges. The basis for entrapment occurs between an officer and defendant before or during the alleged crime. When an officer coerces or uses overbearing tactics to induce someone to commit...
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