How to handle libel??

[tag_ii]

What is the name of your state? Maryland

Greetings, I would very much appreciate some input here. I sell custom items on eBay that I take great care and considerable time and money to make. Unfortunately, shortly after I got started, I had interference from the one other seller who sales a similar product. My product is of higher quality so I can only assume that he felt threatened.

Anyway, this other seller bid on my auction with an alias account, never paid for the item, and then proceeded to leave negative feedback stating that he paid for and received the item, it was of bad quality and that I refused to give him his money back. He ends the comment saying "don't buy from this seller". I had informed eBay that I suspected that this seller was the bidder when I first observed the city and state listed on his profile. However, I did not realize that he had left these false comments on my account until my sales dropped completely off. I confirmed through eBay and PayPal that, in fact, the bidder on the auction and the other seller have the exact same name, address, telephone and company name. However, they say that they cannot remove his false comments from my profile unless I have a court judgement stating his guilt of libel. Now, I don't understand why this is but I do want these false comments off my profile. It has cost me a lot of money and I had to drop my prices significantly to get sales back up again. In fact, after posting all of my evidence about this seller, my sells immediately returned. I do not want to continue to sell my products below market value and have to present all of this information on my profile everytime I want to sell a product.

What I don't understand is how to get this judgement. The evidence I have, including an email from the other seller admitting guilt and joking about it, is indisputable. It's just a matter of process now.

1. Do I file the suit in my state MD or the other seller's state (FL)?
I've received conflicting information from both court systems.

2. Can I get a judgment of libel by simply filing a civil (small claims) suit?
I've gone completely over the process for filing a small claims suit in MD and can do that if that's all that's necessary. A friend told me that may not be suffice. The friend says that only FL has jurisdiction over the seller. The FL court says only file there if absolutely necessary. MD court says to make every attempt to file in the offender's state first if at all possible. Also, I noticed that FL has specific criminal statues for libel whereas I can't find any in MD. So, that makes me wonder whether I can even file a libel case or do I have to report it to the police or something first?

3. Basically, how do I go about this?
I've been doing a lot of research over the past few months but just find myself lost now. These libelous comments are really hurting me and it's just insulting for a person like me that believes in honest business.

Please provide some input and God bless you all.

 

[tag_ii]

Nobody has any input here?

 

[Quaere]

Anyway, this other seller bid on my auction with an alias account, never paid for the item, and then proceeded to leave negative feedback stating that he paid for and received the item, it was of bad quality and that I refused to give him his money back. He ends the comment saying "don't buy from this seller".

I would need to see the EXACT post that he made. Then IF it qualifies as defamatory...

It will cost at least $10,000 to sue this person. You may win but if he can’t pay the judgment you will take a financial loss.

1. Do I file the suit in my state MD or the other seller's state (FL)?
I've received conflicting information from both court systems.

The answer to that question depends upon MANY factors. It is too complicated to discuss in a forum such as this. Most attorneys will not answer the question until you give them a retainer because they will have to do some research to find the answer

2. Can I get a judgment of libel by simply filing a civil (small claims) suit?
I've gone completely over the process for filing a small claims suit in MD and can do that if that's all that's necessary.

I am not aware of any state that allows small claims court to hear a libel case.

A friend told me that may not be suffice. The friend says that only FL has jurisdiction over the seller.

Has the friend examined such issues as whether the defendant knew or should have known you are in MD, whether the defendant does business in MD or has any other contact with MD? If not, your friend is unqualified to answer the question for you.

The FL court says only file there if absolutely necessary. MD court says to make every attempt to file in the offender's state first if at all possible.

Do NOT take the advice of court clerks or any other person who cannot be held responsible for giving you the wrong information.

Also, I noticed that FL has specific criminal statues for libel whereas I can't find any in MD. So, that makes me wonder whether I can even file a libel case or do I have to report it to the police or something first?

You do not have to make a criminal complaint to file a civil suit. but it’s always nice to have the state prove your case for you free of charge. I can’t imagine that your situation would satisfy the elements of criminal libel but if you think it might, go ahead and file a criminal complaint.

3. Basically, how do I go about this?
I've been doing a lot of research over the past few months but just find myself lost now. These libelous comments are really hurting me and it's just insulting for a person like me that believes in honest business.

The statute of limitations on libel is usually only a year. You need to decide if you want to pursue the claim, knowing how costly it will be and that you may not even be able to recover your costs.