Total Victory!! Advice Needed!!

[neener17]

What is the name of your state? Illinois

My wife had a recent court victory in which the defandant was successfully sued and judgement was won for Libel/Slander. It was truely a "Victory"!! The defendant in this case isn't wealthy, however, there are attachable assets in which the lawyer can go after. There is a home in which the defendant owns and some money in the bank. The issue was never about money from day one. The issue was to teach the person a lesson, and stop the libel/harassment once and for all. question is- would you go after the marital home in an attempt to satisfy part of the judgement that was awarded. Or, would you be a bit more compassionate and just wait it out and try to attach the wages at the persons place of employment?? Keep in mind the person is arrogant and shows no remorse for any of the actions that were carried out! The person believes they have the right to do as they please and doesn't care whom is hurt because of their actions!! Please advise.

 

[moburkes]

It doesn't matter what we think. You have to do what's right for you and your family.

 

[mlane58]

Monty, I'll take DOOR NUMBER #2

 

[Quaere]

Congratulations!

Or, would you be a bit more compassionate

A person would need to know as much as you do about the whole situation in order to tell you what they would do.

Just out of curiosity though:

Did the case go to trial?

How long did it take from complaint to judgment?

If you don't mind sharing, what would you say your total cost has been?

 

[neener17]

I can share some information, however because the final phase of the trial is being decided (the Judgement & how to go about collecting), I still have some limitations on what I am allowed to speak about.

1. Wife was harassed by co-worker, the person has a history of inappropriate behavior in and out of the work enviroment. this went on for quite some time.

2. Wife complained to the HR dept. (several times).

3. When co-worker found out , they were demoted out of an important position and pay was cut by 28%. This person was then shunned by other co-workers from that point on. This triggered months of retaliation, verbal and written statements of slander/libel, as well as threats. (in which 2 slanderous statements were printed and published on the world wide WEB)..


In answer to question involving time frame & costs involved.

1. From the time the complaint was filed to the trial time was 7 months.

2. We were required to give our attorney $4,850.00 retainer to get case started.

3. Basically, the attorney charged us by the hour in this case ($275.00 hr).

4. Retainer quickly ran out after about 4 weeks.

5. We were billed for any phone calls our attorney was required to make and all complaints filed, subpeona's requested, depositions etc... Interviewing witnesses etc..


Final cost (including court costs, & judgement enforcement)..= $32, 772.49

*A pretty hefty amount of money, but well worth it in the end!
*We had to look at the entire picture. What is more important money or justice!

well I think the answer is very clear.

**I will return in a while when I get the ok from the attorney. I then can share more detailed results on this case! Thanks for the interest.

 

[Quaere]

Thank you very much. We are always telling would be defamation plaintiffs here that bringing a defamation suit would take several years and at least $10,000.00.

I think $30,000.00 and up is more realistic. That fact that you made it to trial in seven months also tells me there was very little pretrial litigation, yet it still cost you over $30,000.00.

Please do continue to update us on your case.

 

[neener17]

UPDATE!!

Since the recent "Victory" for my wife with her slander/libel suit! The attorneys are in the stage of "Discovery"! so to speak. Our attorney is demanding that the Defendant turn over all revelant financial statements, Income tax Returns for the last four years, Proof of salary with current employer, Bank account information etc.. The Defendant does own a home. It is actually a marital property. We are not looking to take the house away from his ex wife & kids. However, we plan on enforcing a judgement and place a lein on the defendants half of the house value. When the property is sold, within the next three years.
The defendants ex will get 50% of what ever is left when mortgage & any taxes are paid. The defendant will hopefully get nothing! It will go to my wife as part of the judgement/settlement. I feel it is fair after what this person did!

This proves it can be done! I know most people (unless wealthy) will never consider pursuing a defamation type law suit. I understand why! However, if you can afford the costs! Go for it! It is about time slime is put where it belongs!

The defendants attorney tried telling the court that his client suffers from mental illness and mood disorders. This according to the attorney,this is why his client acts in this manner.

Well, although, I agree the defendant needs mental hospitalization and mega meds! it doesn't excuse this behavior at all! I will keep all updated!

 

[AL HR]

Just curious, did you include a request that ther other party pay your attorney fees? If so, was that decided on?

 

[neener17]

No we did not request that the defandant pay our legal costs! The Judgement is enough for us! To us "Judgement" means sending a "Message"! Not "Money"!

 

[Quaere]

But if you paid your own legal fees, won't you end up with a financial loss, even if the judgment is satisfied?

 

[rmet4nzkx]

Something isn't right, you paid out over 30K in attorney's fees and costs and you are not worried about getting your attorney fees paid? The judgement which you are not sure you can collect is enough?

 

[neener17]

The retainer that we gave to the attorney covered all court & litigation expenses. We could go after reinbursement for attorney fees at some point. However, we had to get the case in motion and it was an expense. In a suit of this nature, many attorneys will not take it on contingency basis. You did raise a good point though. Will keep the members updated.

 

[rmet4nzkx]

The retainer that we gave to the attorney covered all court & litigation expenses. We could go after reinbursement for attorney fees at some point. However, we had to get the case in motion and it was an expense. In a suit of this nature, many attorneys will not take it on contingency basis. You did raise a good point though. Will keep the members updated.

That is the very reason why you ask for attorney's fees and court costs as a part of the judgement or settlement. This type of lawsuit is rarely done on contingency, all the more reason the prevailing party is due their court costs. Was there an actual trial with a judgement or an out of court settlement that is still being negotiated, there is a difference and you have used the words , judgement not settlement.