Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2009
    Posts
    13

    Default Plaintiff's Lawyer Told Defendant's Child That Defendant is No Good

    My question involves defamation in the state of: Plantiff's Attorney telling my 6yr old daughter I'm no good and an embarrasment as we were walking back in to the courtroom. I was in a Small Claims hearing, I stepped outside the courtroom to go over my financial afidavit that I provided to the plantiff's attorney. In the conference room he was becoming upset cause I don't have any money. I asked him not to raise his voice. He then walked out of the conference room to enter into the courtroom when he stopped turned around to my daughter and said "Your dad is no good! He is an embarrassment!". We went back in the courtroom where he told the judge that he wanted to continue the case cause I would not cooperate. The judge explained he could hold me in contempt and throw me in jail because I didn't provide the plantiff with the financial Afidavit which I was ordered to do that date. The judge saw me give it to him before we even left the courtroom to go to the conference room. The judge finally let me speak after telling me all the consequences of abiding by the court order. I told him I provided the attorney with the affidavit and all he said was be back in court the assigned date.

  2. #2

    Default Re: Plantiff's Attorney Tells My 6yr Child I'm No Good N Embarassment

    Unprofessional, but anyone, including plaintiff's attorney, is allowed to have, and voice, their opinions of others. If you've got $15,000 to $30,000 to get a defamation case STARTED, you can certainly seek a local attorney to take your money and head down that path. But you're not going to collect damages on this.

    I don't have any money
    Defamation cases are lengthy and expensive, and attorneys don't take them on contingency unless you're a celebrity.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Plaintiff's Lawyer Told Defendant's Child That Defendant is No Good

    Quote Quoting jamesricci
    View Post
    ... when he stopped turned around to my daughter and said "Your dad is no good! He is an embarrassment!"
    Defamation cases are predicated upon false statements of fact, not unflattering opinions. The statement you describe is one of opinion. The conduct you describe is inappropriate, but that does not turn it into a defamation case.

    1. Sponsored Links
       

Similar Threads

  1. Defendant Has Moved, Can Plaintiff Serve the Summons at Work
    By Flowerlady in forum Small Claims Court
    Replies: 2
    Last Post: 03-23-2011, 10:59 AM
  2. Bankruptcy Issues: Can Plaintiff Subpoena Defendant to Appear at Trial in Bankruptcy Court
    By BillBax in forum Bankruptcy Law
    Replies: 3
    Last Post: 12-10-2009, 11:00 AM
  3. Defendant Attempting to Overturn Plaintiff's Dismissal
    By toxicsky in forum Paternity Law
    Replies: 4
    Last Post: 07-20-2008, 01:34 PM
  4. Replies: 1
    Last Post: 01-16-2008, 06:20 PM
  5. Service of Process: Defendant Is Going To Lie About Not Being Served With The Plaintiff's Claim
    By quantass in forum Small Claims Court
    Replies: 1
    Last Post: 12-14-2007, 05:08 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document