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Threatening a Lawsuit if Somebody Doesn't Change Their Statements to a GAL

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  • 07-08-2014, 09:22 PM
    kahn
    Threatening a Lawsuit if Somebody Doesn't Change Their Statements to a GAL
    My question involves criminal law for the state of: Illinios

    Plaintiff emailed defendent accusing defendant of slandererous statements made in a guardian ad litem report that plaintiff claimed led to the loss of custody of child. Plaintiff threatened to file a lawsuit of slander against defendant unless defendant changed their statements to plaintiff positive statements the plaintiff had prepared in the email.

    Is this considered blackmail? Plaintiff did threaten to accuse defendant of a crime (slander) if their demands were not met (changing GAL statements).

    Defendant did not respond and plaintiff filed lawsuit.
  • 07-08-2014, 09:31 PM
    Dogmatique
    Re: Blackmail Plaintiff Threatens Slander Lawsuit if Gal Statements Aren't Changed
    Are we to assume that the GAL's report included information that the plaintiff could not disprove?

    (The plaintiff is a bit thick, too - the word is "libel")

    The defendant needs to inform the GAL, too.
  • 07-08-2014, 10:33 PM
    kahn
    Re: Blackmail Plaintiff Threatens Slander Lawsuit if Gal Statements Aren't Changed
    Quote:

    Quoting Dogmatique
    View Post
    Are we to assume that the GAL's report included information that the plaintiff could not disprove?

    (The plaintiff is a bit thick, too - the word is "libel")

    The defendant needs to inform the GAL, too.

    The statements are what defendant observed and are difficult for plaintiff to disprove, although plaintiff attempts to do so in the lawsuit. Defendant has informed the GAL.
  • 07-08-2014, 10:43 PM
    Dogmatique
    Re: Blackmail Plaintiff Threatens Slander Lawsuit if Gal Statements Aren't Changed
    Okay, let's quit the third party stuff please. It serves no purpose.

    Please tell us about the lawsuit. Are we talking about a custody matter, or a defamation case?

    What exactly is your goal here?
  • 07-08-2014, 10:50 PM
    kahn
    Re: Blackmail Plaintiff Threatens Slander Lawsuit if Gal Statements Aren't Changed
    Not trying to be obtuse just protecting identity. Goal is just to understand if the plaintiffs threats to accuse he defendant(not me by the way) of slander unless they change their gal statements is considered blackmail or simply a legal threat? The lawsuit will get thrown out anyways as it was filed past the statute of limitations but the Defendant has been required to hire an attorney and will be unlikely to see any reimbursement. Essentially plaintiff has made life miserable for many people with vexatious claims in this civil case and i am interested in filing charges to punish behavior if appropriate.

    The statements the plaintiff is asking to change we're on a gal report as part of a custody battle.
  • 07-08-2014, 11:00 PM
    Dogmatique
    Re: Blackmail Plaintiff Threatens Slander Lawsuit if Gal Statements Aren't Changed
    Have your friend speak to their attorney again.

    The list of possibilities is bordering on "endless".

    If there's a defamation suit, it may indeed have been filed too late...unfortunately this does not preclude the defendant from being buried by legal fees just defending the suit. The court will not act on the defendant's behalf; the defendant would have to raise the issue.
  • 07-09-2014, 04:02 AM
    budwad
    Re: Blackmail Plaintiff Threatens Slander Lawsuit if Gal Statements Aren't Changed
    Two additional points to make. The SOL for defamation in Illinois is only one year. And Illinois' courts recognize the Fair Report Privilege in defamation law suits.

    http://www.dmlp.org/legal-guide/fair-report-privilege

    http://www.dmlp.org/legal-guide/illinois-defamation-law

    And any reports required by the court and becoming part of the court record is likely privileged.
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