have you ever sued anyone

Joined
Oct 7, 2006
Messages
18,838
Location
Benton KY USA
Name
Lee Stockwell
Small Claims court thirty years ago. We "won" but it wasn't worth the hassle. Over a fire cleanup where they cashed the check and spent most of it. I eventually got all but $700 of it.
 

Mikey P

Administrator
Joined
Oct 6, 2006
Messages
114,090
Location
The High Chapperal
just like to know who I'm dealing with.



after Shawn and Nick's false claims I want to be sure I really understand what libel means.... :shock:
 
Joined
May 12, 2007
Messages
2,242
Asses the Situation

Before you act on impulse, sit back and think about exactly what is being said. Is it legitimately slander? Is the person trying to harm your reputation? Are they making irresponsible statements out of jealousy or anger? If so, then you need to take action, but give yourself awhile to cool off before you do anything irrational. The last thing you want to do is try to defend yourself against the individual and make the situation worse. Walk away for an hour, try not to think about what's going on, and if possible, talk the situation through with a friend or family member. When the adrenaline rush has subsided and you are thinking with a clear head, that's the time to take action.

Record the Slanderous Statements Immediately

When someone suspects they're on the verge of trouble, the first thing they're going to do is try to hide the evidence. That's why you need to make a record of it as soon as possible. You can save the pages that contain the slander as HTML documents by navigating to the page, right-clicking anywhere on the page (besides on an image) and choosing "View Source," then saving the document to your desktop with the extension .html. You can also take screencaps of the statements by using the "Print Screen" feature on your computer, or using Firefox's Screengrab plug-in.

You can also request the website that hosted to statements to provide hard copies of the webpages that contain the statements if they are deleted later on, and you decide to initiate a lawsuit against the person. Nothing deleted from the internet is ever permanently deleted, and it's very easy to pull up past documents showing the statements were made and who made them, including the IP address of the person, to prove that they did it fact spread the slander.

Compile a List of Statements

Once you've made copies of the statements, grab a pen and paper, or open up a new word processing document. Then, review everything that's being said about you, and point by point, right it all down. Separate statements into what's true, what's definitely not true, and what's been said based on speculation. Afterwards, go back and separate the outright lies and the speculation, and listed them in chronological order.

Go through your list and think of how you can definitively prove the statements aren't true. The way to prove something is slanderous is by offering the absolute truth, and if the statements are fictional, you should be able to show this very easily.

Draft a Letter to the Individual

Now that you've gotten concrete evidence and a list of slanderous statements, it's time to stop the slander for good. If you have an attorney, enlist them to write the letter for you; not only will they know the appropriate legalese to use, they can make "threats" of legal action against the individual if they don't stop the slander, and you have a much better chance of stopping slander that way. If you don't have an attorney to help you, you can write the letter yourself.

Start by addressing the person by name, if you know it, or use "To Whom It May Concern" if you don't. Open your letter by stating you have been made aware of some statements the person has made online, and that you know the statements were made despite the fact the individual knows they weren't true. Politely request the person remove the statements immediately, and issue another statement saying that the statements that were previously made were false, and that they apologize for their actions. End your letter by letting the person know you will be taking the matter to court if they don't do this within a specified time. If the statements are particularly damaging or personal in nature, go ahead and give them a 24-hour time limit; this is more than enough for an active user to respond and take the appropriate actions.

Let Administrators Know What's Going On

You should copy the website administrators on the letter so they know action has been initiated, and so they can help you enforce the request. You may also want to send them an additional message, letting them know the circumstances, if you haven't already. Be sure to let the administrators know that you will not be holding them liable for the statements (unless you plan on doing so later) and they will be much more interested in helping you get the statements off the website and punishing the user appropriately.

Follow Up and Take Action

If the person ignores your requests, or flat out refuses to remove the statements, it's time to take things to the next level. Keep a record of every single e-mail the person sends you, and any responses you send. Also keep track of the person's posts, to see if they make any additional slanderous remarks. If they post any more slander after you warn them, they'll be likely to receive a much harsher punishment if you win your case at court.

Don't fall flat on your threat to initiate litigation. Suing someone for slander, even without an attorney, is certainly something you are capable of doing. Check out my other articles on how to sue someone for slander, and file a complaint the very next day after the person ignores or refutes your request. If they beg you to stop the lawsuit, it's at your discretion whether or not you want to let them go. But if you want to ensure that no one - especially the person making the slanderous statements - will even think about trying to soil your good name if you show them you are serious about stopping slander as soon as it starts.
 

steve frasier

Supportive Member
Joined
Oct 9, 2006
Messages
3,375
Location
portland oregon
Name
steve frasier
guy crashed into me in a parking lot, he didn't have car insurance

I guess at the time you didn't have to have car insurance on private property, or something like that

won in small claims court after proving he was at fault, never got any money, my car insurance company fixed my car
 

Walt

Member
Joined
Aug 1, 2007
Messages
1,016
The owner was a jerk. Said he'd pay me half. He thought I was making to much. (trust me I wasn't). If he had said he didn't have it and asked if we could work something out i wouldn't have bothered taking him to small claims court.

I took him to small claims court. He sent his manager, who agreed with me and said we did a great job. We also had a signed contract. He paid up. But in the end it wasnt really worth the effort and stress. I wouldnt do it again - call me a push over. But the stress it caused my wife - I'd gladly pay that amount to avoid.

I think it was for 7-8 hundred.
 

green gurl

Member
Joined
Dec 3, 2010
Messages
325
Location
Cary, NC
When I was 17 I was hit by a drunk driver in the middle if the afternoon... Totaled my car, killed my fish, and I got 70-80 stitches in my head. This happened two weeks before graduation... I missed the last two weeks of my senior year. I was able to walk across the stage for graduation but didn't get my diploma till after I had to go to summer school to make up for the last class!!! I can't remember what the total it was... Somewhere around 20 or 30 thousand. Paid for a new car, some hospital bills, and some extra cash to start college with.
 

rhyde

Member
Joined
Oct 12, 2006
Messages
4,253
Location
Portland, Oregon
Name
rhyde
Never for myself

I've been to court and given testimony related to rug claims and as layer resource last one was this past summer a 120K rug loss (maybe a 20 K rug if that ) ..i charged a 200.00 Hr layer 150.00 for about 15 minutes of my time


who sayz youall need an ejemakashon to make good money!
 

TimP

Member
Joined
May 19, 2007
Messages
4,055
Yes for medical malpractice. The insurance companies settled. Got a lump sum and annuities. The money don't make up for the loss for sure.
 

Mikey P

Administrator
Joined
Oct 6, 2006
Messages
114,090
Location
The High Chapperal
Hey Rhawn


No Nick never served me after all, just lots of huffing and puffing.


just like Shawn.


Ya see Rhawn, any lawyer could see either guy's previous actions on the forums and see their parts in all this stupid shit and would undoubtedly tell them both to get a grip and move on.
 

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