Suing Over False Criminal Charges

**legal_mess** · 06-25-2005, 04:04 AM

Hello Everyone, of all the legal sites that I have been viewing, this one seems to be the most effective and direct at answering legitimate questions. For that, I give Kudos and a thank you.

I am real estate investor, whom used private funding for the deals I did. Meaning, I had other people anti up the money, and I did the work. Work being defined as but not limited too physical labor, but more pertaining to the actual research, sale, and structure of the deals.

Anyway, I have a former lender (a man) who has made a number of false claims that have no validity to date. Meaning, as of right now, all of his comments are only of opinion because he suffered a loss. I could summerize the claims made and then present the link to show first hand what is said however I think that the point would better be made by just having you all review the link.

As to comment after viewing, I will say this as background information:

I have not been asked or questioned by the mentioned police officer.

I have never heard directly or throught the grapevine about these five warrants, other than by the person spouting off.

No one has lost what he claims, they lost.

He is the only person that has actually filed suit, and its for 125K not 500K.

No one else has made claim to my alleged "Fraud".

The reason he states that I have a criminal investigation with attached warrants is because he robbed my office of all computers and documents that could be used in my defense and turned them into police custodity.

He lives in California, and knows that the police will not extradite him for theft of my property. (though he admitted to the investigating officer he took my records).

I think that this is a no brainer, but that may just be a biased opinion. I need some outside input as after you read the comments made, it is not hard to not only see the stress it would cause me and my family, but the obvious loss of income and reputation.

I will also note, that one of the moderators of the refferenced site is a lawyer and claims that If I were to sue the site for allowing the postings, they would be confident of a win.

If you notice I have not replied to this onslought, by the only common advice I recieved from a multitude of lawyers.

I know that this is alot to swallow, but I have been drug in 100 different directions, and business is now completely lost. I have lost over 1 million dollars in two days worth of lender money and it is not looking any better. I cant sleep and I am worried about this guys agenda.

Please advise on the best route in which I should go(opinion only, not in search of legal advice). Every lawyer consulted has given me different direction, and I am tired of going back and forth. If someone's opinion here matches, it would be a great relief to see some common ground.

Here is the link, please be advised it is long.

http://reiplace.com/newsgroup/read.p...=70936&t=70936

Thanks for your input.

J. Ramirez

**legal_mess** · 06-25-2005, 04:21 AM

P.S.- I have read the input of many who say damages are hard to claim and cost of a lawyer may outway the damages awarded.

I will rebute those comments by saying:

In my opinion it would not be hard, to seek major damages when refferencing that website as proof.

I don't care what it costs. I don't care. I don't care. and I don't care! I will liquidate everything if I have to. I don't care. This has DESTROYED my business and my name. It is HUGE in ther real estate market now. I am a bloody celebrity. Hence my posting this at 4:24 am. I can't sleep.

I would sue all of them(participants) if it made sense. Sorry for the rambling but it is incedibley stressfull to live through right now.

J. Ramirez

**aaron** · 06-25-2005, 05:02 AM

If you remain the subject of a criminal investigation, you may want to wait until the investigation is closed before you commence any civil litigation. The resolution of the investigation in your favor could help a defamation case, and during the pendency of an investigation you run the risk that your statements at deposition or materials obtained in discovery will be turned over to the police. (Granted, there is a risk that somebody would try to use such materials to get an investigation re-opened, but you're still in a better position once the investigation is closed.) You can talk that over with your lawyer. But be careful about the statute of limitations, which can be very short in defamation cases (Ordinarily 1 year in both California and Louisiana).

If the complaint made against you is by somebody in California, and that person is not willing to return to your state (Louisiana?), it would make it difficult for the state to prosecute you in relation to that person's claims even if they thought they had merit. The state needs witnesses to make its case, and if the witnesses aren't willing to appear in court it is often necessary that they drop charges.

If you are willing to expend the money, whatever your odds of recovery, you will be able to find a lawyer who will represent you on a retained, hourly basis.