Defamation/Libel in legal proceeding

[Isshecrazy]

What is the name of your state? Wisconsin

My wife and I are getting divorced. She has a credit card in her name that is suing her for non-payment.

She is an attorney representing herself. She has filed a motion of to compel joinder to force the credit card company to name me as an additional defendant. In her affidavit she testifies to the court that:

(My full name) made charges to her account without her knowledge or permission;
(My full name) made charges to the account with the specific intent to defraud both the plantiff and defendant.

In her answer to the plantiff's suit she counterclaims with an affirmative defense of fraud making similar statements.

I have a couple of quesitons

1) is that actionable under defamation/libel
2) It would seem to be a clear violation of the Supreme Court Rules regarding attorney conduct in providing truthful testimony
3) She has been able to have a judge set a hearing on the motion, but other than from my knowledge based on the court records on line, I have no yet been given subpoena to testify. Will a court rule on this motion that claims I comitted fraud, without offering me the opportunity to testify? Should I contact the court?

I have several emails and documents to support that A) she was well aware of and participated in my use of the card B) I have made more than enough payments to the card issuer to cover any charges that have my signature (nearly double).

You assistance is greatly appreciated.

 

[BelizeBreeze]

What is the name of your state? Wisconsin

My wife and I are getting divorced. She has a credit card in her name that is suing her for non-payment.

She is an attorney representing herself. She has filed a motion of to compel joinder to force the credit card company to name me as an additional defendant. In her affidavit she testifies to the court that:

(My full name) made charges to her account without her knowledge or permission;
(My full name) made charges to the account with the specific intent to defraud both the plantiff and defendant.

In her answer to the plantiff's suit she counterclaims with an affirmative defense of fraud making similar statements.

I have a couple of quesitons

1) is that actionable under defamation/libel

no

2) It would seem to be a clear violation of the Supreme Court Rules regarding attorney conduct in providing truthful testimony

no

3) She has been able to have a judge set a hearing on the motion, but other than from my knowledge based on the court records on line, I have no yet been given subpoena to testify. Will a court rule on this motion that claims I comitted fraud, without offering me the opportunity to testify? Should I contact the court?

likely since you are not being charged or asked to be a witness.

I have several emails and documents to support that A) she was well aware of and participated in my use of the card B) I have made more than enough payments to the card issuer to cover any charges that have my signature (nearly double).

You assistance is greatly appreciated.

then contact the card company and be their witness.

 

[Isshecrazy]

Thanks But....

I appreciate your response, but I have to say that I'm perplexed by your responses to this being defamation.

Everything I read about defamation seems to suggest this was done with malice and intent on her part and with a specific intent to provide false testimony. On top of that she's an attorney. How can this not be something that can be actionable?

I was even thinking it was potentially criminal under WI statutes.

Confused....

 

[BelizeBreeze]

I appreciate your response, but I have to say that I'm perplexed by your responses to this being defamation.

Everything I read about defamation seems to suggest this was done with malice and intent on her part and with a specific intent to provide false testimony. On top of that she's an attorney. How can this not be something that can be actionable?

I was even thinking it was potentially criminal under WI statutes.

Confused....

Then you need to think differently.

 

[Isshecrazy]

Legal reasoning

Ah, hello, I wasn't really looking for a smart ass response, I was looking for some legal reasoning on why these statements are defamation. For instance are pleadings and testimony protected in some fashion?

The statutory definition of defamation is:
942.01 Defamation. (1) Whoever with intent to defame
communicates any defamatory matter to a 3rd person without the
consent of the person defamed is guilty of a Class A misdemeanor.
(2) Defamatory matter is anything which exposes the other to
hatred, contempt, ridicule, degradation or disgrace in society or
injury in the other’s business or occupation.

I would certainly "think" that claiming someone intentionally attempted to perpetrate a FRAUD would easily fall under that definition.

So, please, what legal basis is there for me to "think differently." I'm reasonably intelligent and can read, therefore my "thinking" on the matter seems logical.

 

[Quaere]

1) is that actionable under defamation/libel

No it is not. Statements made in a judicial proceeding are not actionable.

2) It would seem to be a clear violation of the Supreme Court Rules regarding attorney conduct in providing truthful testimony

As long as she claims she BELIEVED it was true, she is ok.

3) She has been able to have a judge set a hearing on the motion, but other than from my knowledge based on the court records on line, I have no yet been given subpoena to testify.

You are not needed for this motion which is between her and the plaintiff.

Will a court rule on this motion that claims I comitted fraud, without offering me the opportunity to testify?

The Court will rule on whether you should be joined. That does not mean you've been found guilty of anything, it merely means the Court feels the credit company should accuse both of you of owing the money and let each of you defend yourselves. The motion will end in one of two ways:

A. The Court will require the credit company to join you. You will then be served with a summons and complaint.

B. The Court will deny the defendant’s motion, leaving the defendant to fend for herself against the credit company. If the defendant feels she can prove her allegations against you, she has the option of filing a separate suit against you to recover any damages she believes YOU caused.

Should I contact the court?

No. You will be contacted if you are named as a party to any action.

 

[The Occultist]

To win a defamation suit you would need to prove damages. What damages have you so far incurred? None? Alrighty then.

 

[Isshecrazy]

Thanks.

Thank you Quaere for your reply. I had no idea legal proceedings were protected.

I think the term "believe" to be true may be a stretch, since she was an active participant, but I guess we'll see where it goes.

Again, thanks for your detailed and professional responses, thats what I came here looking for, an you provided it.

 

[Quaere]

Thank you Quaere for your reply.

You are welcome.

I had no idea legal proceedings were protected.

To learn more, search for info about the defense of "privilege" in a defamation action.

I think the term "believe" to be true may be a stretch, since she was an active participant, but I guess we'll see where it goes.

She is required to make her accusations in “good faith”. It’s almost impossible to prove she acted in “bad faith”.

Some food for thought:

You live in a community property state where all debts incurred during marriage, unless specifically noted as separate, become community-property debts. You may be responsible for half of all debts incurred during the marriage, regardless of which one of you signed for particular purchases.

 

[BelizeBreeze]

Thank you Quaere for your reply. I had no idea legal proceedings were protected.

I think the term "believe" to be true may be a stretch, since she was an active participant, but I guess we'll see where it goes.

Again, thanks for your detailed and professional responses, thats what I came here looking for, an you provided it.

oh brother

 

[fairisfair]

oh brother

really BB you should consider adding more kissy noises to your posts!!