libel/defamation of character due to written online blog

[aw1387]

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


What is the process for suing for either defamation of character or libel? What information would one need to support the claim? The offense was due to a written blog online.

 

[cyjeff]

You get an attorney. You will pay that attorney a retainer.

That attorney will assess your case and help you prepare a suit against the person that defamed you.

Now, reality check. What were your damages? How much, in dollars and cents, were you hurt?

Yes, you can sue for humiliation... but unless you can prove real damages, the suit and legal fees are going to cost you much more than any damages you realize...

Think 10,000 dollars and three years to win. Will your case get that back?

 

[aw1387]

Thanks for your reply and advice. It's more so a problem of stopping the offender from continuing this blog, as the offender plans on doing so. Although I'm sure I could calculate how much in dollars and cents I was hurt, I'd rather make it a thing of the past and just stop the offender.

 

[cyjeff]

Thanks for your reply and advice. It's more so a problem of stopping the offender from continuing this blog, as the offender plans on doing so. Although I'm sure I could calculate how much in dollars and cents I was hurt, I'd rather make it a thing of the past and just stop the offender.

Then I would have an attorney write up a cease and desist letter to the person.

It will threaten all kinds of nebulous legal ramifications if they persist... stops 9 out of 10 without all the additional cost.

Of course, that means you have to identify your attacker.

 

[quincy]

Does this blogger blog under his real name, and are you identified by name or identifiable to others besides you by what is being written?

 

[cyjeff]

quincy is our expert in this regard......

 

[quincy]

Actually, cyjeff, you were handling everything fine and I wouldn't have posted if I had seen your post - we were, apparently, answering at the same time and it just took me two minutes longer to write out my one puny line than it did for you to write out your three.

 

[aw1387]

Ok. I have no problem with identifying the offender. Yes the offender blogs under their real name and no I am not identified by my real name, though I am identifiable by others than me. I truly appreciate all advice given.

 

[Isis1]

Ok. I have no problem with identifying the offender. Yes the offender blogs under their real name and no I am not identified by my real name, though I am identifiable by others than me. I truly appreciate all advice given.

Is what they are saying in any way the truth? Are they stating specific lies? Or are they giving their opinion?

 

[aw1387]

Is what they are saying in any way the truth? Are they stating specific lies? Or are they giving their opinion?

The offender has made statements of truth as well as blatant lies, although the lies overpower what is true. The offender has made declarative statements. I don't think they're statements of opinion.

 

[quincy]

In that case, you should consult with an attorney in Texas. The attorney can review what was written, go over all of the facts, and provide you with options.

Two options, should the facts support them, are what cyjeff outlined for you above - the most expensive being a lawsuit that you may or may not win but that will be costly nonetheless. The other is to have an attorney draft a cease and desist letter to the blogger with a threat to sue if he does not remove the offensive postings about you.

The cheapest options, of course, are to directly ask the blogger to stop or to ignore the postings entirely. Neither may work in your case, or work well.

You have one year in Texas to file suit against the blogger should the blogger be in Texas (if the blog does not originate in Texas, the time you have to file may be longer, although you would have to file suit in that state).

 

[aw1387]

In that case, you should consult with an attorney in Texas. The attorney can review what was written, go over all of the facts, and provide you with options.

Two options, should the facts support them, are what cyjeff outlined for you above - the most expensive being a lawsuit that you may or may not win but that will be costly nonetheless. The other is to have an attorney draft a cease and desist letter to the blogger with a threat to sue if he does not remove the offensive postings about you.

The cheapest options, of course, are to directly ask the blogger to stop or to ignore the postings entirely. Neither may work in your case, or work well.

You have one year in Texas to file suit against the blogger should the blogger be in Texas (if the blog does not originate in Texas, the time you have to file may be longer, although you would have to file suit in that state).

Ok. Unfortunately, the offender plans to continue with the blog, as I have already asked the blogger to discontinue it. The blog, however, did not originate in Texas, but instead Louisiana. From the advice given, I believe my best bet is to have an attorney draft a cease and desist letter. I truly thank you for the advice and any more you have to give.