his ex wrote a book

[curious1FL]

What is the name of your state? ny

 

[TinkerBelleLuvr]

that's nice ... what is the legal question?

 

[>Charlotte<]

His ex wrote a book, and she's posting in the Libel/Slander/Defamation section.

I'm guessing his ex-wife doesn't have too many complimentary things to say about OP and/or her husband/boyfriend in this book and now they want to sue.

 

[quincy]

I'm guessing the book is about puppies.....but I could be wrong.

 

[curious1FL]

I am sorry - I keep trying to post and this wont go through.

I am just wondering if someone can write their "memoirs" and write lies and 1/2 truths in order to make others look bad-in an attempt to hurt them. Also - they identify me as a Native American and call me "fu...Indian Whore" among other colorful racist remarks.

also - they say in their "diary" that they are going to tell everyone what rotten people we are to ruin us. Which they are now trying to do with this book.

Can we make them take it out of print and stop this nonsense? (it was self published)

 

[fairisfair]

I am sorry - I keep trying to post and this wont go through.

I am just wondering if someone can write their "memoirs" and write lies and 1/2 truths in order to make others look bad-in an attempt to hurt them. Also - they identify me as a Native American and call me "fu...Indian Whore" among other colorful racist remarks.

also - they say in their "diary" that they are going to tell everyone what rotten people we are to ruin us. Which they are now trying to do with this book.

Can we make them take it out of print and stop this nonsense? (it was self published)

How do they identify you as a Fu. . . .Indian W-----??? Do they have your picture with an arrow pointing to it saying fu. . . . .Indian W------??? What kind of lies are they telling? Do they have every reason to believe that these are lies? or do they believe what they are saying? Is the book for sale? Where is it being sold? What are your damages??

 

[fairisfair]

I'm guessing the book is about puppies.....but I could be wrong.

oh, I LOVE puppies, pick me up a copy.

 

[curious1FL]

well, she is a prominent individual in a very small community - very active in church and community.

the ex, my husband of 10 years, is also very active in the community - he has been the pres of the local chamber and the school board.

I am one of a very few (if any others) Native Americans who live in this very small community. I have been in the local community paper for having been a speaker at the middle school about my experience growing up native american. I am very proud of my heritage, and many people will ask me questions on various occasions, about my heritage.

I dont know about damages. This was just published - it can be found on amazon and barnes and nobles websites. Do I know these to be lies - yes. She says that when he was her husband he paid my rent as I was going to college and a single mom-Not true, and I have the financials to prove it.

She also calls my ex husb. an alcoholic-again not true. ( he too is a local business man and active in this community). She even name calls my daughter.

And she just goes on....laying out her proof. which is simply conjecture. and she is trying to sell this book as a self help book, but it is full of rantings of an angry woman.

 

[fairisfair]

well, she is a prominent individual in a very small community - very active in church and community.

the ex, my husband of 10 years, is also very active in the community - he has been the pres of the local chamber and the school board.

I am one of a very few (if any others) Native Americans who live in this very small community. I have been in the local community paper for having been a speaker at the middle school about my experience growing up native american. I am very proud of my heritage, and many people will ask me questions on various occasions, about my heritage.

I dont know about damages. This was just published - it can be found on amazon and barnes and nobles websites. Do I know these to be lies - yes. She says that when he was her husband he paid my rent as I was going to college and a single mom-Not true, and I have the financials to prove it.

She also calls my ex husb. an alcoholic-again not true. ( he too is a local business man and active in this community). She even name calls my daughter.

And she just goes on....laying out her proof. which is simply conjecture. and she is trying to sell this book as a self help book, but it is full of rantings of an angry woman.

I asked if SHE knew them to be lies. NOT you.

She does not use your names?

Is your child his child?

 

[curious1FL]

I have to believe that she knows them to be lies. She has no evidence. She has gone through all of their financial records of that time. I was served a subpoena and had to testify, and they got nothing. She even hired a private detective, and says in her book it was a waste of money because he found nothing. There was nothing to find.

Not to mention - she was arrested for trying to run me off the road (the judge reduced the sentence if she left me alone and was not brought back to the court for like 6 months because she had not done anything previously)

And her ex was able to receive an order of protection against her as part of the divorce settlement. For as long as he lived in his house. (They owned several properties, he got one, and she got the one right next door - they were seperated by only 6 acres)

No - the daughter is my daughter from my previous marriage.

 

[curious1FL]

Also - she does not use our names, but she uses her own name. and the names of her friends. She changed the name of her ex husb from Tim to Tony, and I am either referred to as his file clerk or the "f...g Indian Whore", again, among other things.

I did work for him. I was going through a divorce at the time. And when she heard that, I became her obsession for why her husband was not "cozy" with her. The more her husband protested, the crazier she got. She even went through my desk at the office and took things - like pictures I brought to work or the cd's I'd brought in to listen to when I was there by myself. He finally told me how bad it was for him when he had to fire me because she wouldnt let me work there anymore. She had always been nice, so I had no idea. She even writes about that in her book.

 

[quincy]

Oh, I had sooo hoped this was going to be about puppies.....

In order to sue for libel, the book must identify you. It's easy to prove it's you if the ex uses your name, but if not identified by name, all you need to do is prove that a third party recognizes you as being the subject of the book. Even in works of fiction, if a real person can be identified sufficiently, that person can bring a libel suit.

Everyone directly involved in the publication of a book can be held liable for defamation.

A book that has an identifiable person in it also is open to invasion of privacy suits (which have four categories: intrusion upon another's seclusion, public disclosure of private facts, portrayal of another in a false light, and a commercial appropriation of another's name or likeness). The "portrayal of another in a false light" has been actionable in invasion of privacy suits for a long time, and fits your situation well. You must prove that the portrayal of you would be offensive to any reasonable person.

There is a definite similarity between portrayal in a false light and defamation. Where you have one cause of action, the other often follows.

 

[curious1FL]

Quincy - I love puppies too!

Ya wanna know what's funny - she even speaks badly of my dog in this book.

One more thing - the book lists the editor. This editor refers to herself as a "journalist" . She writes for one of the area city newspapers - about 50 miles away. She used to be a neighbor of mine, when I was married to my ex, and even babysat for me-watching my daughter once or twice.

This "editor" did recieve a victorian settee she received from my husbands ex--after they
snuck in to the joint property that he was living in away from the ex, and took it - when my husband was out. The separation agreement was not settled yet, so, you cant call it breaking and entering, but it wasnt a nice thing to do.

I guess I am surprised that someone who is supposed to a professional writer would be attached to something that appears to be poorly written. And as a reporter, she never once tried to talk to the other parties involved. She just went with the ex's version.

 

[fairisfair]

It is not illegal for her to identy herself.
or for her to identify her editor, or for that person to call herself a journalist.
I seriously doubt that this will become a best seller. Or that you have the time or money to invest in a libel suit.

 

[curious1FL]

It is not illegal for her to identy herself.

Never thought it was illegal

or for her to identify her editor, or for that person to call herself a journalist.

See above

I seriously doubt that this will become a best seller.

Could not agree more - but it is an issue locally. This was a very very public and hideous divorce due to her behavior. Many in the town had opinions and many acted on them. I really dont want to go through all that again.

Or that you have the time or money to invest in a libel suit.
Time, no. But would love to have her forced to get the book out of print and stop selling it.
So that is something to consider.