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Suing a forum or forum member

J jambalayaonSmall Talker
You are waisting your time. First you have to get a judge to issue you a warrant to the forum provider, being so, if it's out of state, just about impossible.

Next, your internet provider will have to be served with another warrant, and most likey it will be out of state too.

Next most lawyers will not take your case if the person your suing doesn't have any money to go after, they will not waste their time doing so.

Next you don't know if the person your suing is the one who put the stuff on the net anyway, since it could be any member of their household or someone else.

Next slander cases are a hard thing to prove and one does have his/her rights to free speech by law, http://definitions.uslegal.com/s/slander/
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beady-eyed ladybeady-eyed ladyEverybody Knows My Name
quote:
Originally posted by jambalayaon:
You are waisting your time. First you have to get a judge to issue you a warrant to the forum provider, being so, if it's out of state, just about impossible.

Next, your internet provider will have to be served with another warrant, and most likey it will be out of state too.

Next most lawyers will not take your case if the person your suing doesn't have any money to go after, they will not waste their time doing so.

Next you don't know if the person your suing is the one who put the stuff on the net anyway, since it could be any member of their household or someone else.

Next slander cases are a hard thing to prove and one does have his/her rights to free speech by law, http://definitions.uslegal.com/s/slander/


First of all, I don't know where the subject of this thread came from, but I can respond to it anyway.

"Slander is the oral communication of false statements that are harmful to a person's reputation." The key word is 'false'. If a person can prove what they said/wrote is true, then you have no case. None.

Why do I know this? I have a relative who is an embezzler. I really would love to publish a full page ad in the TD. But, even if he/she sued me for slander, I have the bank statements to prove it and he/she couldn't do a darn thing about it.

I change my mind about the ad - he/she will have to deal with what he/she did with a life time of a guilty conscience.
73RangerXLT73RangerXLTHall of Famer
Actually the courts are very receptive of suits that originate from the web. Libelous posts are exactly that libel. The problem is that you have to prove that you are personally HARMED in some way to collect damages. Like you lose your job or suffer financially or in rare cases emotionally or thru health.

Most libel does not meet this criteria as it usually just hurts feeling or makes people mad. That does not USUALLY meet the criteria.
beady-eyed ladybeady-eyed ladyEverybody Knows My Name
quote:
Originally posted by 73RangerXLT:
Actually the courts are very receptive of suits that originate from the web. Libelous posts are exactly that libel. The problem is that you have to prove that you are personally HARMED in some way to collect damages. Like you lose your job or suffer financially or in rare cases emotionally or thru health.

Most libel does not meet this criteria as it usually just hurts feeling or makes people mad. That does not USUALLY meet the criteria.


Again, I think to claim libel you still have to prove the statement is false, and all they have to do is prove the statement is true. I guess yur first is decision whether to sue someone for either libel or slander is to determine for yourself if the statements spoken or written where true.
C CoolItGirlEverybody Knows My Name
I seen this happen to a neighbor of mine while I was living in Dallas. She sued a lady for making false accusations about her. When she got to court they brought everything she had done in her past out. Latter it not only cost her plenty of money but also cause her to have to get a divorce. Once you go to court it's open season to everything you did in your past. So I would be careful before making a decision like that...
gbrkgbrkOld Faithful
I would think almost anything said against a private citizen in a public forum would be something that could be used, in court, against that individual. There are some protections against people who make statements against public individuals, such as politicians, but defamation of character is something that can be levied against someone for a public, open attack against a private citizen. At least that's what I have heard but then I'm no attorney so I can't say that's for sure.
JankinonyaJankinonyaOld Faithful
Does anyone remember the woman who had the signs up in here yard that was an attack on a certain family?

She lived near my mom so I would pass by there quite often. The signs said horrible things about this family. Even their children were not off limits to her. She accused them of everything from be christian hypocrites to thieves.

It eventually went to court after the woman started harassing some of the children in the family while in public. Best I can remember they deemed it freedom of speech. I noticed recently that the signs have come down. I know they were there for at least 7 or 8 years.

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