NO MALICE but still a slander case?

[quincy]

Well, you are welcome, troubled11, although I am afraid I have only been the bearer of bad news for you.

And I really don't need to see the part of the thread that was deleted - if I remember correctly, it was just inanities posted back and forth between us members.

The fact that you posted a retraction on your website actually works to your benefit. It mitigates any damages that are awarded. You were wise to print one.

The attorney may have a difficult time proving a connection between himself and the website postings, but it does sound like he thinks he can make the connection - I will hope that is not the case, however, for your bank account's sake. The "pedophile" label is a tough one, though, as nothing good generally comes from calling someone that (unless, of course, it is true). I am glad you have an attorney experienced in online defamation. This will help.

And please DO post back with what happens. Good luck.

 

[troubled11]

What makes a good lawyer?

I'd like your advice on how to find a good, peer-reviewed lawyer for this case.

Internet Law lawyers are hard to find.

Should I be searching ******dale-Hubble for a defamation and bankruptcy lawyer instead?
+++++++++++++++++++++++++++++


p.s.- Quincy! The missing post was from Garr. and it's excellent with all the cites which show that I'm in deep trouble.
I'll post it later under my own name. Not sure why it was deleted.

 

[quincy]

There are attorney resources at this FreeAdvice site you could check out - fill in the information under Find a Lawyer (for "Topic" you might want to click on "Libel and Slander") and it will give you some attorneys to contact in your area. You can also call the New York State Bar Associatin at (518) 463-3200 for referrals or go to www.nysba.org and click on Public Resources.

You will be best served, I think, by an attorney specializing in defamation - most will have had some experience with online defamation. If you decide to go with a large firm, they may have bankruptcy attorneys on staff, as well, to assist in your case.

I am glad Garrula had some good information for you.

 

[Quaere]

Prior to the bankruptcy reform of 2005, a defamation judgment was dischargable in a Chapter 13 bk. As of October 2005, "Debts Arising from Death or Personal Injury Caused by Debtor's Wilful or Malicious Conduct" are no longer dischargeable in any Chapter.

OP's action against the plaintiff appear to fall into the malicious conduct category and would therefore not be dischargable.

Troubled: I suggest you contact the plaintiff and inform him of your financial status. Ask what you can do to settle the matter.

 

[quincy]

In addition to what Quaere has posted, troubled11, Garrula has some more information for you in the Bankruptcy section. He thinks that filing for bankruptcy first may be the wisest route to take, then try to seek a settlement with the attorney over the defamation, as both Quaere and Garrula suggest.

Quaere, thanks for the information on the bankruptcy reform. I thought that was the case with regards to defamation actions that were found to be willful and malicious - as troubled11's website posting seemed to be.