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How much does the court award for trade libel?

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#1
Colorado
I have a lease for a garage where i run a auto repair business, its on the landlords agricultural land in unicorp Adams County. A recent customer decided he didn't want to pay after an engine replacement approx 4,800.00 total amount owed and he refused contact after notified the job was done he filed a lawsuit didn't serve me and he was awarded 12,000.00 default judgment. in the mean time he contacted my landlord and convinced her that im a fraud, car thief, drug addict and pedofile. Needless to say the landlord is evicting me and the two idiots have started an online smear campaign. It's more like character assassination. My business has tanked. I filed an appeal to district court on account of the county court judge vacating the hearing on illegal detainer and no due process. Landlord locked me out of all of my personal and business property causing me more loss and stress. These two have the adams county sheriff convinced im some piece of shit so they are no help unless im looking for a free night stay in the Brighton Zoo. Judge granted me a small window to recover my property that sat outside all of June and 2 weeks in July, uncovered. Dude showed up at my place 1 week before the sheriff executing the eviction with a sheriff deputy. Deputy was threatening to perform eviction or arrest me if i don't release dudes car that he hasn't paid a dime for, nor did the court award him possession of in his money award. But the deputy said he had court order and bla bla bla. I told the deputy i filed appeal and motion to stay so there will be no eviction an d furthermore dude wont be getting his car back without paying for it so on so forth. A week later with guns drawn adams county sheriff deputies without anything posted, no warning kick in the door put me in cuffs place me in a patrol car for three hours and then allowed the landlord and his carless bunch of monkeys destroy all my shit. They didn't bother moving my things the 200 feet down the drive way off the premises either. so when i was released on site with only a summons for obstructing police officer i left to get a moving truck. when i returned the gate was locked and landlord was claiming all my property has been reported as found property, the sheriff wouldn't even do a civil stand by for big bad looser tenant who by the way was paid up on all rent, and prepaid 1st, last damage deposit. so i don't owe anybody shit. Landlord stole, trashed, converted and gave away an estimated 41,000.00 in personal property and work related tools. What can I do about the defamation. Oh yeah and dude also got his car back. Im at the reply brief stage of the appeal and im asking the district court to take the case rather then sending back to county court and after all my replevlin case is out of county court limits.
 
Last edited:


quincy

Senior Member
#2
Colorado
I have a lease for a garage where i run a auto repair business, its on the landlords agricultural land in unicorp Adams County. A recent customer decided he didn't want to pay after an engine replacement approx 4,800.00 total amount owed and he refused contact after notified the job was done he filed a lawsuit didn't serve me and he was awarded 12,000.00 default judgment. in the mean time he contacted my landlord and convinced her that im a fraud, car thief, drug addict and pedofile. Needless to say the landlord is evicting me and the two idiots have started an online smear campaign. It's more like character assassination. My business has tanked. I filed an appeal to district court on account of the county court judge vacating the hearing on illegal detainer and no due process. Landlord locked me out of all of my personal and business property causing me more loss and stress. These two have the adams county sheriff convinced im some piece of shit so they are no help unless im looking for a free night stay in the Brighton Zoo. Judge granted me a small window to recover my property that sat outside all of June and 2 weeks in July, uncovered. Dude showed up at my place 1 week before the sheriff executing the eviction with a sheriff deputy. Deputy was threatening to perform eviction or arrest me if i don't release dudes car that he hasn't paid a dime for, nor did the court award him possession of in his money award. But the deputy said he had court order and bla bla bla. I told the deputy i filed appeal and motion to stay so there will be no eviction an d furthermore dude wont be getting his car back without paying for it so on so forth. A week later with guns drawn adams county sheriff deputies without anything posted, no warning kick in the door put me in cuffs place me in a patrol car for three hours and then allowed the landlord and his carless bunch of monkeys destroy all my shit. They didn't bother moving my things the 200 feet down the drive way off the premises either. so when i was released on site with only a summons for obstructing police officer i left to get a moving truck. when i returned the gate was locked and landlord was claiming all my property has been reported as found property, the sheriff wouldn't even do a civil stand by for big bad looser tenant who by the way was paid up on all rent, and prepaid 1st, last damage deposit. so i don't owe anybody shit. Landlord stole, trashed, converted and gave away an estimated 41,000.00 in personal property and work related tools. What can I do about the defamation. Oh yeah and dude also got his car back. Im at the reply brief stage of the appeal and im asking the district court to take the case rather then sending back to county court and after all my replevlin case is out of county court limits.
You have a lot going on and it appears that you need personal attention from an attorney in your area to deal with it all.

In Colorado, defamation claim awards are based on demonstrable actual harm suffered (e.g., lost wages, medical expenses) and, when the defamatory statements are shown to have been communicated with malice, punitive damages can also be awarded. Punitive damages cannot exceed the amount of compensatory (actual) damages awarded.

You have one year from the date the defamatory statements were made about you to file a claim and you have two years from the date the defamatory statements were made about your business to file a claim.

Again, you will need an attorney in your area to sort through the facts of your experiences, to direct you on your legal options, and to help you with any lawsuit you decide to pursue.

I am sorry you have had such a disastrous time with a customer. Good luck.
 
#3
Thanks for your reply Quincy. Up until just now I never really read through what I posted here. :sleep: Quick update: the landlord contacted the customer in the beginning of it all. You see I accidentally attached the customers repair order in an email sent to my landlords attorney who then forwarded it to the landlord. Oop's. Also, I filed motion to dismiss the customers money judgement of $12,000.00, during that hearing he was awarded court costs. A total of $380.00 and that was only because of a technicality. :D
It is a lot of crap to deal with and mostly it's all unfamiliar territory for a mechanic/carpenter of 25 years.:unsure: I have sought help from CLS, CB pro bono depart and many others without much help.:eek: Mostly everybody say's the same thing "that's pretty complicated, you need to find a lawyer that has that kind of experience" and I agree. Writing briefs is a specialised trade and requires legal experience. I prey that a small group of seasoned attorneys, each of them pro's in their field, Tenant/Landlord, Libel/Slander, Constitutional Right's and Civil Right's, magically appear and relieve me of the burdens because i really don't know what the f!@# to do at this point.:alien: I can not concentrate on the simplest of tasks, all the rules and the statutes and the time restrictions to file exactly that what needs to be filed and in the right order. The floor around the my desk where I once played video games and posted online auto repair tips and advise is now buried under legal files and notes and everything, o_O I will likely write a blog or whatever when floor is again visible. Ill need to vent and get all this off my chest and what better way than write about it. I hope that it will help anybody weigh their options with great regard when choosing to hire a attorney or represent themself. Understand hiding within our rights to a fair trial, ugly things creep around when your back is turned. blatant unfair tactics of opposing attorney can ensure that you may never get an opportunity defend yourself court, court procedure governed by any number of staff and their respect of it day to day, or to say it more simply lack there of but you better dress appropriately, and the number one rule that court staff will not give you legal advise. Inside a court house you will not get help from anybody. I hope they make the right choice to hire an attorney.
 

quincy

Senior Member
#4
Thanks for your reply Quincy. Up until just now I never really read through what I posted here. :sleep: Quick update: the landlord contacted the customer in the beginning of it all. You see I accidentally attached the customers repair order in an email sent to my landlords attorney who then forwarded it to the landlord. Oop's. Also, I filed motion to dismiss the customers money judgement of $12,000.00, during that hearing he was awarded court costs. A total of $380.00 and that was only because of a technicality. :D
It is a lot of crap to deal with and mostly it's all unfamiliar territory for a mechanic/carpenter of 25 years.:unsure: I have sought help from CLS, CB pro bono depart and many others without much help.:eek: Mostly everybody say's the same thing "that's pretty complicated, you need to find a lawyer that has that kind of experience" and I agree. Writing briefs is a specialised trade and requires legal experience. I prey that a small group of seasoned attorneys, each of them pro's in their field, Tenant/Landlord, Libel/Slander, Constitutional Right's and Civil Right's, magically appear and relieve me of the burdens because i really don't know what the f!@# to do at this point.:alien: I can not concentrate on the simplest of tasks, all the rules and the statutes and the time restrictions to file exactly that what needs to be filed and in the right order. The floor around the my desk where I once played video games and posted online auto repair tips and advise is now buried under legal files and notes and everything, o_O I will likely write a blog or whatever when floor is again visible. Ill need to vent and get all this off my chest and what better way than write about it. I hope that it will help anybody weigh their options with great regard when choosing to hire a attorney or represent themself. Understand hiding within our rights to a fair trial, ugly things creep around when your back is turned. blatant unfair tactics of opposing attorney can ensure that you may never get an opportunity defend yourself court, court procedure governed by any number of staff and their respect of it day to day, or to say it more simply lack there of but you better dress appropriately, and the number one rule that court staff will not give you legal advise. Inside a court house you will not get help from anybody. I hope they make the right choice to hire an attorney.
I can understand how stressful this must be for you. I hope you are able to find an attorney in your area who can assist you in getting some relief.

Good luck.
 
#5
Im a little bit ashamed for the rant, I was d=set off by a comment that sugested to a guy that a number of others also rpplied to. Anyway it was a senior member and his advise was ignore Joe Crandall about the courts awarding him as much as 3 times is security deposit +++.
 
#6
Im a little bit ashamed for the rant, I was d=set off by a comment that sugested to a guy that a number of others also rpplied to. Anyway it was a senior member and his advise was ignore Joe Crandall about the courts awarding him as much as 3 times is security deposit +++.
Your "rant" showed frustration. Your frustration is understandable given what you have described.

Unfortunately, there is not much a forum can do to help you. I believe you need to find an attorney in your area who can go over all facts with you and advise you accordingly.

Good luck, Joe.
 
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