Hi there...I understand your frustration over this matter....Sounds like you have very solid grounds to file a defamation lawsuit against these perpetrators. Your lawsuit can include claim requests for all your above-mentioned items. I will set forth below the basic requirements for a defamation lawsuit for your informational purposes in understanding the legal parameters of such a lawsuit.
I am going to provide you information on both slander and libel since they are so closely related and so often confused with each other.
Both involve the communication of false information about a person, group or entity. Libel is any defamation that can be seen....writings, printing, effigy, movie or statue. Slander, is any defamation that is spoken and heard.
They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity.
The laws regarding libel and slander are the same.
To prevail in a suit for libel or slander and recover damages, you must prove 4 things: (i) the defendant conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than you); (iii) you can be identified as the the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
but how do i get immediate action on taking the site down and the spamming 2 other members to log onto the site?
the culprit has opened up the website privately so one does not know who owns the site (opened it under "domain by privacy"). the web servers also is an out of the country server and claims i have no jurisdiction over the site -- but isn't this trademark infringement since i trademarked my name?
do i obtain a restraining order against those harassing me? a cease and desist order or an injunction on the person(s) who have put the site up and are spamming other members?
the worse part is how do i get legal help if i am having serious financial issues caused by the biz interruption? there are more threats of lawsuits now that this site has been put up.
I totally understand the problem and your concerns. Unfortunately, you will need to hire an attorney in your area who can act on your behalf to file one or more lawsuits....including immediate injunctions, cease and desist orders, restraining orders, etc. None of these can be done without proceeding through the judicial system. I wish you the best of luck!
I'm sorry that I haven't been able to satisfactorily answer your question. I'm going to opt out so that one of my fellow experts can perhaps answer your questions more to your satisfaction. I wish you the best of luck!
it's been 3 months since i've last inquired with just answer. i apologize, but my mother had passed away and my focus has been elsewhere. i have further follow-up question(s):
--the person(s) that are putting defamatory info on the web are hiding their true identities. i've done reverse email look ups and tried to obtain the administrator's info for the defamatory website under my name, and the info comes up as "private ". how can i file a claim against specific individuals if it is only circumstancial evidence?
1.)each person that is causing the internet terrorism is located in 3 different states: california, illinois and texas. i have been a california resident and have been living in illinois at my siblings for the last 6 months...where do i file the lawsuit(s)?
2.)the majority of the harm is being done via the internet and it's difficult to prove, but i do have a few emails and spam mail from facebook friends that have all been mailed defamatory info on me. all hide behind fake emails to get my facebook friends to log onto the defamatory website. is this also "mobbing" and/or "collusion"? these individuals were past co-partners in a business that has caused financial losses. one of the co-partners, who lives in texas, i believe was the one who stole my license and/or had access to it and then blew up the colored photograph and posted it on the defamatory website, saying "property of darlene b dantes". they feel they are in the right to do this, but isn't this "dirty hands"? as they are committing illegal acts to defame me.
3.) one is an ex boyfriend who has a personal vendetta on me has helped others file false reports with S.E.C. and FINRA. they have filed reports that i have commited securities fraud by using co-partners credit cards and not licensing securities. this is untrue,but my ex boyfriend is a financial investment advisor and came up with the idea. what is the first step i should take to view and dispute these false reports with the S.E.C. and FINRA?
4.) the other is an internet professional and on an email, threatens to open up an out of country server so they can not be traced. he is why i can not trace and officially name defendants. how do i approach this? name "john doe" and/or have cease & desist letters mailed to them and their place of employment?
4.) and another has a judgment on me because i could not afford legal fees tocontinue fighting the bogus monetary claim and i was forced to recently file bankruptcy and am waiting for the debt to be discharged. this person legally can not collect, so is terrorizing me on the internet. aren't there bankruptcy or fair collection practices i can use to protect myself?
in the meantime, the defamatory site continues to be online for the world to see. recent co-partners have beens scared off and more lawsuits seem to be zooming from this as the defamatory site claims i am a fraudulent criminal that steals people's credit (yet they have stolen my identity and have also open up accounts under my name) . people have entrusted me for years (i am a loan officer) witht heir private info and have always done right by others. now my business has been severely interrupted and i have suffered mentally, physically, emotionally and financially.
how do i start the lowsuit(s) in proper and put a stop to all of this?
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