NO MALICE but still a slander case?

[troubled11]

What is the name of your state? NYS

I had a networking site on multiply. One user stayed anonymous but kept visiting where I had pics of my girlfriend so I posted a stupid "pro-se defamat'on" on his site. { I called him a 'known pedophile"} The user was not identified except by his first name. There was no other info about him.

He is a lawyer and I just received a summons and I'm being sued for multi-millions for
causing great damage to his reputation.

My lawyer says this case is tenuous but that in pro-se slander cases juries award in clumps of $100,000. I'm already facing bankruptcy anyway.

How much money do I have to pay him to settle this? How much are the usual awards from court?

 

[JETX]

How much money do I have to pay him to settle this?

You could have to pay him as much as it takes for him to settle. That could be anything from $0 to $100 quadzillion.

 

[quincy]

"Pro se" is to represent yourself, without a lawyer. In Latin it means "for oneself".

"Per se" means "in and of itself", again Latin, and in defamation it means that a word or a comment is defamatory all by itself. "Pedophile" is such a word as there is only one meaning and, when applied falsely to someone, it is defamatory.

You posted before that your lawyer said that your website postings were "slander" - they are not. What is written is called libel. I believe this is the same lawyer that told you that bankruptcy would wipe out any judgments, right?

Zigner and I both recommended at that time that you get another lawyer, if I recall. That is still a good suggestion.

If the attorney you called a "known pedophile" is the same attorney you had difficulty in court with a year or so ago, posting just his first name could very well be enough to identify him, as those associated with him and that case could conceiveably recognize the connection. Anonymous postings are not anonymous if someone can be identified by at least one other person.

JetX is right that the awarded damages, should the attorney win a defamation suit against you, could be anything. It is up to a court to decide. But I have never heard of a court awarding damages in "clumps of $100,000". Again, it would probably be wise to get a new attorney.

 

[troubled11]

Than you soo much.

| really screwed up. Would bankruptcy offer any protection before or after this case?

 

[quincy]

Filing for bankruptcy imposes what is called an "automatic stay" on any legal proceeding or judgment. This is a postponement only. It merely stops any action, but it is temporary halt. Stays can be lifted - and judgments cannot be discharged by bankruptcy.

I am not an expert on bankruptcy at all, however. Generally this forum does not like "double posting" of problems, but I am going to suggest that you pose your bankruptcy question to the experts in the Bankruptcy section. You do not have to go into the defamation part - merely write that you may be facing a sizable judgment against you and wanted to know if filing for bankruptcy before a judgment is awarded can make a difference in the amount awarded, and if filing for bankruptcy after a judgment can make a difference in collected amounts.

They may have an answer to that that I don't, although I will try to research it a little for you.

 

[JETX]

and judgments cannot be discharged by bankruptcy.

Judgments can, and are, discharged in bankruptcy all the time.

I am not an expert on bankruptcy at all, however.

Then why did you respond to a post involving bankruptcy??

 

[quincy]

JetX, are you just following me around to annoy me? Because it is starting to work.

I answered what I knew about bankruptcy AND, since this was a post about defamation, I answered the defamation question. Then I very responsibly had troubled11 post to the experts in the bankruptcy section.

Judgments, however, cannot be discharged by bankruptcy - debts arising from criminal fines or restitution are not dischargeable. Other debts not dischargeable are most student loans, taxes, child support and alimony, government imposed restitution, fines and penalties, court fees, and debts from fraud, willful and malicious acts, debts from embezzlement, or debts from breach of fiduciary duty (if the creditor objects to their discharge).

Whether bankruptcy can help troubled, I don't know, stated as much, and he reposted in the right forum.

(by the way, I made another post on the forum somewhere today - track it down )

 

[las365]

I'll stalk you, Quincy!!!!

 

[troubled11]

you guys are great!

Thanks all!!

|'m not sure what to believe.

| will find a bankruptcy lawyer and find out if this case might go away when the lawyer
discovers that i really am bankrupt and my income is less than 11 thousand per year.

 

[quincy]

Thanks, las365!

And, troubled, there may still be an answer for you in the bankruptcy forum, so keep checking back, although consulting with a bankruptcy attorney is probably a wise course of action.

Good luck.

 

[JETX]

JetX, are you just following me around to annoy me? Because it is starting to work.

Not following at all... but your ignorance in the law and erroneous posts are beginning to 'annoy' me.
I really, REALLY wish you would either get a little legal education or stop posting. I don't enjoy having to come along behind you (or others) and try to clean up your messes.

I answered what I knew about bankruptcy

See... that is the problem. You admitted that you had NO knowledge of bankruptcy law... but answered anyway. And your answer was NOT correct.

Judgments, however, cannot be discharged by bankruptcy

Wrong. Please provide a link to ANY section of 11 USC showing that "judgments" cannot be discharged (remember, your post makes NO distinction as to what type of judgment).

debts arising from criminal fines or restitution are not dischargeable.

Sorry... but wrong again. Absent some other judicial finding, a judgment from a defamation case would be exempt.
To help educate you, here is a link to 11 USC § 523 showing what debts are exempt from discharge:
http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html

 

[quincy]

JetX -

There does not seem to be a whole lot of legal knowledge behind your constant postings of "This is crap" - which is all you seem able to manage in every post I've ever read of yours. Please post your legal background.

As for what I posted about bankruptcy - I posted what I knew, not what I didn't know, and then referred troubled11 to the experts, of which you are, obviously, not one.

 

[cbg]

I'm not a moderator on this board but speaking as one who has seen many such arguments and speaking on behalf of the other regular responders, I'd like to invite you boys to take it outside before I have to separate you.

 

[quincy]

Didn't this thread used to be longer?

At any rate, troubled11, garrula had some information for you in the bankruptcy section. In review of defamation/bankruptcy cases, I have run across very few defamation judgments that are dischargeable by bankruptcy, which is not good news for you. I have not located good information for you yet about what timing for filing a bankruptcy would be most advantageous for you in your situation. Hopefully garrula can come up with that information for you.

Perhaps by now you have had a chance to sit down with a bankruptcy lawyer?

 

[troubled11]

I'm a "known idiot"

Hi Quincy and all you great people!

Yes, this thread was longer. I just happened to print it before
it was deleted. If you're curious, Quincy, I can post the info under my own name.

Very few people saw my public post calling him a "pedophile". Perhaps even noone. Multiply still has these records and might help me.

There was no way to be sure this was the lawyer currently harrasing my family. He was an anonymous user but, previous poster had mentioned that just a first name was enough to resonably indentify him.

I understand that I'm in huge trouble. I even posted a retraction on my new website to try to remove punitive damages and now that retraction is "exibit B" in his subpoena. My act really was reckless and just an insult to get this lawyer to stop looking at pictures of my girlfriend which I have proof of. It was just an insult to get him to leave but the per se nature of "pedophile" is impossible to get away from.

I'm really poor and on unemployment now. Is this considered in the reputational injury judgement? 2 million dollars is what he's asking for.

I'm choosing a bankruptcy lawyer with some internet defamation experience. I'll keep you informed because you've been soo kind.

thank you