I Really Messed Up

[JerryHarris]

What is the name of your state (only U.S. law)? Houston, Texas

Good evening all,

I was sued by my Ex girlfriend for sending defamatory texts to her friends. The court ordered that my phone be examined for evidence. Once the court ordered this, I panicked and cleaned it. I know this was wrong for me to do but I was horrified.

After examination, I realized that not all of the texts were sent by me and she included texts that were not sent by me.

Currently, I am being brought to the court for destroying evidence ( it is called a show cause order) and am truly afraid. Will the fact that she is claiming I did all of the texts and I can prove that I didn't do one of the texts help with my situation at all?

Is there anything I can do to help my situation?

FYI She cheated on my

 

[I'mTheFather]

How can you prove it if you cleared your texts?

 

[JerryHarris]

Some of the texts were sent by her own enemies who did not like her. I have phone number details showing that they were the ones who sent them.

 

[I'mTheFather]

So, you're asking if she says you sent all the texts, but you can prove that just one was sent by another, are her claims valid?

In the state of Texas, yes.

(And Q, if you're there, please don't jump in yet. )

 

[JerryHarris]

I used to live in Miami but moved when my familia got jobs in Texas and the court in which it was filed was the Miami court.
Sorry about the misconception. I'm currently working in Oil but when the case was filed, it was in Miami.

What will the Miami court say???

Will the fact that I recently got citizenship affect this case at all???

thanks for the advice so far even if it looks bleak

 

[I'mTheFather]

I used to live in Miami but moved when my familia got jobs in Texas and the court in which it was filed was the Miami court.
Sorry about the misconception. I'm currently working in Oil but when the case was filed, it was in Miami.

What will the Miami court say???

Will the fact that I recently got citizenship affect this case at all???

thanks for the advice so far even if it looks bleak

Oh, well, for Florida, check out the advice given in these two threads regarding spoliation of evidence:

https://forum.freeadvice.com/computers-software-internet-law-10/arguments-defend-614848.html
https://forum.freeadvice.com/libel-slander-defamation-88/plaintiffs-threats-607625.html

Or, just take this advice: GET A LAWYER!!! That's the best thing you can do for yourself.

 

[JerryHarris]

At this point what sort of lawyer should I get?

I am completely clueless in these matters.

 

[I'mTheFather]

At this point what sort of lawyer should I get?

I am completely clueless in these matters.

You'll need an attorney who is experienced in defamation cases located in/near Miami.

Fortunately for you, your texts were only sent to her friends, so you probably won't have to defend against a claim for loss of earnings.

 

[JerryHarris]

Gotcha thanks.

So in those threads I noticed there is no clear response for the following question:

Will sending evidence to the judge showing i didn't do it help with the fact i wiped my phone?

 

[I'mTheFather]

Gotcha thanks.

So in those threads I noticed there is no clear response for the following question:

Will sending evidence to the judge showing i didn't do it help with the fact i wiped my phone?

If you can prove that none of the texts were yours, then you can present that evidence in court. It will be hard to prove that. Perhaps, if all her enemies are willing to testify to sending the texts, and they can account for all of the texts, then it may help with the show cause. However, you did violate a court order, right? There could be sanctions for that, regardless of your other evidence.

 

[quincy]

What is the name of your state (only U.S. law)? Houston, Texas

Good evening all,

I was sued by my Ex girlfriend for sending defamatory texts to her friends. The court ordered that my phone be examined for evidence. Once the court ordered this, I panicked and cleaned it. I know this was wrong for me to do but I was horrified.

After examination, I realized that not all of the texts were sent by me and she included texts that were not sent by me.

Currently, I am being brought to the court for destroying evidence ( it is called a show cause order) and am truly afraid. Will the fact that she is claiming I did all of the texts and I can prove that I didn't do one of the texts help with my situation at all?

Is there anything I can do to help my situation?

FYI She cheated on my

Text messages can be recovered for use as evidence in court. Deleting texts, in other words, do not always delete them permanently.

The best way to help your situation is to see a lawyer in your area who can handle the matter for you. Forensic experts will probably be required to assist in your case although, depending on how long ago you deleted your messages and the type of phone you have, it could be possible for you to "un-delete" them yourself - or the cellular service carrier could have records that can be subpoenaed.

For the defamation, you will need an attorney not only experienced in defamation law but also knowledgeable about electronic evidence.

Good luck.