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  1. #1
    Join Date
    Jan 2012
    Posts
    6

    Default Where to File and What if Defendant is Almost Judgment Proof

    My question involves an injury that occurred in the state of: FL & CA.

    I have two queries about a case involving online libel.

    (a) Where can the FL-based plaintiff file suit ? Defendant lives across the country in CA. He does not live, does not do business, and seems to have no relatives, in FL. Also, since the case involves libel that was perpetrated online, can the plaintiff sue in the state where the hosting website is located ?

    (b) The plaintiff recently discovered that the defendant is of modest means. In addition, it appears that he may file for bankruptcy if a judgment is awarded against him. Someone told plaintiff that many attorneys would not take her case if the defendant did not have deep enough pockets. The thing is that plaintiff is not looking to go pro-bono but is willing & able to pay attorney fees & court costs ? This is not about money, but about protecting herself & her career from possible future libels by the defendant.

    Thank you in advance for your time & response.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,849

    Default Re: Where to File and What if Defendant is Almost Judgment Proof

    If you sue somebody who doesn't have any money to pay a judgment, you should expect that you will not be able to recover money.

    You can discuss the full facts with a lawyer to determine jurisdiction. From what you've said so far there's a good chance you would have to file in California. Even if you obtained a judgment in Florida, would would have to successfully register it for enforcement in California to act against assets in that state.

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