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  1. #1
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    Question Stopping Defamation During a Civil Case

    How does one put a stop to defamation during a civil case (business related) when a defendant is posting defamatory and libelous information throughout the internet? What sort of motion is filed?

    Any examples or references would be greatly appreciated.

  2. #2
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    Default Re: Stopping Defamation During a Civil Case

    Quote Quoting Arazu Toth
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    How does one put a stop to defamation during a civil case (business related) when a defendant is posting defamatory and libelous information throughout the internet? What sort of motion is filed?

    Any examples or references would be greatly appreciated.
    You can file a protective order; other than that, if it is of such a nature, you could file a separate civil suit.

  3. #3
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    Default Re: Stopping Defamation During a Civil Case

    An example would be nice, and would perhaps help determine your options.

  4. #4
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    Default Re: Stopping Defamation During a Civil Case

    You could file a new civil action for libel.

    It is virtually impossible to get a restraining order or injunction to shut down a website on the basis of libel or defamation, and the only chance you'd have is to file a civil action and ask for that equitable relief.

    You could set up your own website.

  5. #5
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    Default Re: Stopping Defamation During a Civil Case

    Quote Quoting Dogmatique
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    An example would be nice, and would perhaps help determine your options.
    Protective orders can be found online (examples anyway); there is no specific format to follow however. You should send a copy to the other consul & ask if he has any objections to it - then you can plead that it is an agreed upon order. You would file a motion for protective order & the proposed order for the judge to consider. Your practice rules should provide more guidance than this, if anything.

  6. #6
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    Default Re: Stopping Defamation During a Civil Case

    Hey Dogma sorry for the late reply; got caught up in other things.

    The defamation is criminal allegations, public attacks on credibility, fabricated (flat out lies) about myself, my business practices, and numerous other things. Let's say you ran a UPS store, and somebody UPS put in charge as a division manager began to say you stole from the company, harassed employees, are a known liar, kick puppies, etc. That's the sort of insane garbage I'm dealing with. It really needs to stop.

    I was thinking a TRO/Injunction Pro Se may be enough (I have a ton of proof that there's really no defense from) but given what I've witnessed over the past year (and longer) without joke of a Civil system, I have NO clue how it would be received or processed because these folks have a ton of money (note they have engaged in Perjury and fabricated documentation previously and got away with it scott free because the money wasn't there to go after them - and of course the state doesn't care).

    Anyway... just trying to figure out my options here...

  7. #7
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    Default Re: Stopping Defamation During a Civil Case

    You can send a cease-and-desist letter. These don't carry any legal weight, really, but are often enough to persuade the offending party to knock off the stupidity at least for awhile.

    Quick question though - have you (you're the plaintiff in the civil case, yes?) actually been charged with any criminal activity?

    In other words - would the defendant be able to use truth as a defense?

  8. #8
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    Default Re: Stopping Defamation During a Civil Case

    Sadly they ignore the cease and desist letters. These guys play the system and know exactly how to do it and are very good at it.

    No, I have no criminal record of any kind and wasn't charged with anything (everything in their counter suit was fabricated). On the other hand, the individual executing these actions has a criminal record, but no convictions (he fled the state where the warrants were issued and they were misdemeanors and not felonies so they won't pursue him into another state).

    Note the case has been settled (I had no choice; I had no money to fight them and my attorneys said they were going to drag it out and drain every penny I had and said if I didn't settle they would abandon me). However, they have already violated the settlement agreement on multiple counts (with proof) so the same "issue" exists where they're doing the same thing as before - not sure if it matters if we're still in a civil suit or not.

  9. #9
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    Default Re: Stopping Defamation During a Civil Case

    Defamation suits are so incredibly costly to litigate (in terms of both time and money - think 4-5 years, $40-50k...and I'm being very conservative) that they're generally not worthwhile for the average citizen to pursue.

    If the C&D letters haven't worked, and you can show tangible damages - it may be time to get an attorney involved.

    If the defendant has money - and ergo access to counsel - you really can't afford NOT to get an attorney involved if you want to take this further, because you could end up completely buried in legal fees.

  10. #10
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    Default Re: Stopping Defamation During a Civil Case

    I already went down this path one before and lost hardcore solely because they had money and I did not; even though I had proof to support every allegation.

    The more I dig into this the more I'm finding the Civil system only has two purposes:
    1) Empower the government to steal from the people (fines, fees, etc)
    2) Empower the wealthy to prey on the not wealthy (not even the middle class can afford the legal system in today's economy - who has $50,000 in cash sitting around they can put in the system?)

    Other than that I have yet to see any tangible benefit of the system for resolving "real" issues that aren't directly criminal.

    I do appreciate your comments. I've already talked to attorneys and they are part of the problem; charging a ridiculous amount of money regardless of the outcome taking years to work a useless system that has no procurement of justice in any capacity. In the end it's all about the money. It's sad. Even though the state law is crystal clear the defendants (violators) would pay my attorney fees due to a breach of contract, the attorneys won't touch any aspect of contingency because even though it's etched in stone they aren't 100% sure they will get paid - showing a monumental level of corruption in the system IMO (since the law is specific). In all honesty it makes no sense. I'm told "this is a blatant violation of the agreement on their part and you have solid proof" and I say "so will you with with me on a contingency or hybrid payment schedule?" they laugh "no way. There's no guarantee we'll see a penny."

    *sigh*

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