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  1. #1

    Default Statute of Limitations for Defamation Lawsuits

    I live in CA and transacted a sale of my motorcycle to a guy in TX. He posted libelous and defamatory content on a yahoo group forum.
    The original post was in 2005. He reposted it again in 2010. It, along with the many replies, are still posted and visable to anyone.
    My question is, can I still sue for libel and defamation? (and if so, in which state?)
    I believe I have all possible evidence I think I would need to win.

  2. #2
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Statute of Limitations for Defamation Lawsuits

    SOL for defamation is 1 year in both states, so you are SOL on any cause of action for defamation based upon those publications.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Statute of Limitations for Defamation Lawsuits

    What are your damages?

    Both states at issue have one year limitations periods. So far you haven't identified anything that would toll the limitations period past 2011.

  4. #4

    Default Re: Statute of Limitations for Defamation Lawsuits

    So statutes apply only to last actual posting even though those osts ate still active on the website?
    I want to sell my other bike, but I can't really post ad as my name, phone, city, and email are all still viewable in his postings, calling me a fraud and scammed him, etc.

  5. #5
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Statute of Limitations for Defamation Lawsuits

    Statutes apply to the FIRST posting. Subsequent postings of the same thing does not toll limitations

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Statute of Limitations for Defamation Lawsuits

    Of course, if what he is posting is his opinion of your transaction, he's entitled to post it.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Statute of Limitations for Defamation Lawsuits

    Sell your bike somewhere else.

  8. #8

    Default Re: Statute of Limitations for Defamation Lawsuits

    It's rather complicated, but I appreciate the feedback. Basically, I had a contract written up, to which he agreed via email which covered every possible situation of liability on my part, so even if everything he said happened were true, it didn't matter, I was covered. And now I can't know that the will have trouble selling my bike now. Thanks for the help

    - - - Updated - - -

    I guess I'm still confused. I understand about the statues re original internet posting dates. But if my reputation and possible monetary gains are still ruined (and what he wrote isn't just his opinion, but facts blatently untrue and absolutely defamatory), how can I handle this? Can these posts be viewed forever online by everyone and I have no legal recourse at this time? Any ideas?

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