court documented libel?

[miss1521]

What is the name of your state? Oklahoma In July of 2003, my uncle and his wife attempted to file VPO papers on me and my mother. Attached to the VPO documents I was served were several pages of false accusations against me, my mother, and my grandmother. They say their daughter gave them that information. This past week I spoke to their daughter, attempting to heal our relationship. She asked to see the papers so I let her read them. She stated that she did not say those things about us and she was going to confront her father and his wife about it. If I can prove they lied, do I have a case for libel? I also have been made aware that my uncles wife has been e-mailing people at my former church (I left b/c of their mudslinging) about everything that has been going on and those were lies as well. Her e-mail is a Department of Defense e-mail provider. She works at a military base and has been using her military e-mail for personal use (she is not military, she is civilian). I have a digital recording of their daughter telling me she did not say those things they are accusing me of. She is telling me they are lying about it and using her name in their lies. The VPO was denied, but the e-mails have continued. What can I do about this?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Oklahoma In July of 2003, my uncle and his wife attempted to file VPO papers on me and my mother. Attached to the VPO documents I was served were several pages of false accusations against me, my mother, and my grandmother. They say their daughter gave them that information. This past week I spoke to their daughter, attempting to heal our relationship. She asked to see the papers so I let her read them. She stated that she did not say those things about us and she was going to confront her father and his wife about it. If I can prove they lied, do I have a case for libel? I also have been made aware that my uncles wife has been e-mailing people at my former church (I left b/c of their mudslinging) about everything that has been going on and those were lies as well. Her e-mail is a Department of Defense e-mail provider. She works at a military base and has been using her military e-mail for personal use (she is not military, she is civilian). I have a digital recording of their daughter telling me she did not say those things they are accusing me of. She is telling me they are lying about it and using her name in their lies. The VPO was denied, but the e-mails have continued. What can I do about this?

My response:

Regarding the court documents, there's nothing you can do. You have no cause of action. Pleadings filed in court are specifically "protected" speach, just as verbal statements made in a courtroom.

IAAL

 

[miss1521]

perjury?

I thought it was considered perjury to lie to the court?

 

[I AM ALWAYS LIABLE]

I thought it was considered perjury to lie to the court?

My response:

Not until a judge or jury says so. Until then, whatever is said in court is "their" truth, and it's "protected" speech.

IAAL

 

[miss1521]

it seems as though anyone can say anything about you that way....
then run around telling people the judge said something he did not truly say.

 

[miss1521]

what about her use of dod provided email?
can she not get in trouble for using her military email to tell lies about someone? or at least be in trouble for using her work email for personal use?

 

[I AM ALWAYS LIABLE]

what about her use of dod provided email?
can she not get in trouble for using her military email to tell lies about someone? or at least be in trouble for using her work email for personal use?

My response:

First, I'd have to care. I don't.

Second, the above is not a legal question. Call the DOD.

IAAL

 

[meganproser]

The pleadings are protected speech. Emails are not.

Oklahoma's statute of limitations for libel is one year and that would run from the date you first learned of the false publications.

Depending on the nature of the publications, you could possibly claim Intentional Infliction of Emotional Distress, Invasion of Privacy-False Light, or Civil Conspiracy...all of which have a much longer statute of limitations.

You DO have legal recourse if someone is deliberately circulating false, negative information about you. Unfortunately, unless your defendants have deep pockets, you mayhave difficulty finding an attorney to take your case.

You can pursue an action on your own, but it's an enormous undertaking.

I hope this gives you some idea of your options.

 

[BelizeBreeze]

The pleadings are protected speech. Emails are not.

Oklahoma's statute of limitations for libel is one year and that would run from the date you first learned of the false publications.

Depending on the nature of the publications, you could possibly claim Intentional Infliction of Emotional Distress, Invasion of Privacy-False Light, or Civil Conspiracy...all of which have a much longer statute of limitations.

You DO have legal recourse if someone is deliberately circulating false, negative information about you. Unfortunately, unless your defendants have deep pockets, you mayhave difficulty finding an attorney to take your case.

You can pursue an action on your own, but it's an enormous undertaking.

I hope this gives you some idea of your options.

Oh brother!

 

[badapple40]

I thought it was considered perjury to lie to the court?

It is not perjury until it is made under oath. Typically a complaint/pleading isn't under oath unless it is an affidavit or sworn complaint, and then, to show perjury, like everyone has said, you basically need to prove they were lying. Of course, I've seen people lie in lawsuits everyday, its almost commonplace, and haven't yet seen a perjury prosecution for it... Like everyone said, you are barking up the wrong tree.

You can ask for sanctions, however, for filing a frivolous/unsupported pleading, under Rule 11 (federal) or its state equivalent. I've seen such sanctions get granted once, in federal court, and thats having seen probably upwards of several hundred cases. In other words, like everyone else has said, you are probably out of luck, but it doesn't hurt to try.

As for the e-mails and other out of court statements, I'd think it would depend on the content of the communications, e.g. are they saying you committed criminal activity (slander per se) or are they merely spreading other lies, in which case you will have to prove actual damages. Also are such statements factual in nature, e.g. you shot john doe on X date, or opinion in nature, e.g. I think you are a dirtball. You have no recourse for opinions. If they are factual, you may want to pursue an action seeking not so much money damages (obviously you have to pursue some money damages), but mainly seeking injunctive relief getting them to cease and desist.

 

[miss1521]

they're saying to people that the judge told me and my mother at the VPO hearing that we needed deep psychological help, the judge did not say that to us. the only time the judge spoke to us was to find out my age and wanted to know our relationship to them. then... they said things happened in court that didn't really happen and have emailed people saying we said things in front of the judge that we didn't really say. so... what it all boils down to i guess is that they can continue to talk their trash and there's nothing we can do about it. this is all very frustrating.

 

[meganproser]

Do you have proof of the things they have been writing?

There is a ton of information on the Net about defamation/libel and the other torts I told you about. Why don't you go read about these things? Find out where your own situation stands in the eyes of the law. Educate yourself until you know for sure if they have gone far enough to support a cause of action.

Perhaps the simplest thing for you to do, is to write a civil, sensible letter asking them to retract their statements and threatening to sue them if they don't. Most people have a fairly strong reaction to the possibility that someone is thinking of suing them.

Send your letter via certified mail, return receipt requested, and keep a copy for your records. If they continue talking about you to the point where you really want to file suit, the letter would be important evidence for you.