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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 22594
Experience:  14 years practicing attorney, MBA
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I am being sued in a personal liebel suit and the plaintiffs

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I am being sued in a personal liebel suit and the plaintiffs attorney has requested 5 yrs of my personal tax returns.Do I have to comply without a judges order to do so?And am I legally bound to answer interrog. or is it more of a proff. courtesy?
Submitted: 10 months ago.
Category: Business Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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I am being sued in a personal liebel suit and the plaintiffs attorney has requested 5 yrs of my personal tax returns.Do I have to comply without a judges order to do so?
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No, until a judge orders you to provide the requested information as part of the discovery process, you aren't under any obligation to do so. Even when the other side files a motion to compel discovery, you can still object on the grounds that it is unduly intrusive and a violation of your personal privacy right to have to comply..
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And am I legally bound to answer interrog. or is it more of a proff. courtesy?
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Interrogatories are typically mandatory to answer, but once again, you can refuse to and force the other side to get the matter in front of a judge to see if he will order you to do so under threat of contempt of court and jailtime. And as before, you can object on privacy grounds or relevancy grounds if they are basically on a "fishing expedition" and the questions aren't relevant to the case at hand.
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Thanks
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 22594
Experience: 14 years practicing attorney, MBA
Barrister and other Business Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you sir for an excellent answer.not to mention a confidence builder also,as I am having to pro se this thing for a while until I see which way its going to go.What would be the best rate I could get on about a 10 min phone conversation or is that even permitted by this site?...thank u sir

Expert:  Barrister replied 10 months ago.

Unfortunately, under my agreement with JustAnswer, I can only interact with customers on the site and can only answer legal questions. I am flattered, but in order to have an in person or telephonic consult, that would require an attorney-client relationship which I am prohibited from entering into with customers...
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However, we have excellent attorneys here on the site who have decades of experience each so you can always post a question here and it is a virtual certainty that one of us will be able to answer it for you.
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Thanks so much for the positive rating and generous bonus! It is greatly appreciated.


Barrister

Customer: replied 10 months ago.

Good evening Sir,thanks again for your reply.On the same subject as before,I will try to keep asbrief as possible.As a general Contractor about 3 yrs ago I ebtered into an agrrement with 2 individuals to take an old Applebees and totally demo interior and add a dining patio to become a


"Tilted Kilt Pub&Eatery" franchise. I only had a signed contract on a portion of the project(my fault).But as the project progressed progress payments were coming in app. weekly or every two weeks without any hassle so I really didnt have a lot of serious concern.Mean time about 2/3 of the way thru the project they take on 2 more investors.So when the project was finished and a meeting was called at the location to settle up,of course the overall attitude was not the best.They begin ask about things like a little box of drywall screws and such.Of course the meeting became more heated and finally they stood up and said we will be back in a min.Spentabout 10 min at the bar arguing among themselves,came back,tossed the folder down on the table and just simply said we are not going to pay you. $83,406.00.Of course my last remark to them yes one day u will.The issue of liens has come and gone,much water under the bridge.Ther is an orginization here that does flyer mail outs in our area so I thought,why not and it basically said by name and phone no. that they were "Liars Crooks and Thieves" .Hence the 1.5 mil. liebel suit that has been brought against me.Which I personally feel is just a scare tactic to stop the flyers.It became very very embarrising to be viewed in the community as choir boys and people start finding out you owned a"titty bar" not good for buissiness.They basicilly went about 100 miles away,done there dirty little deeds and didnt think any one would find out .I dont mad would describe the reaction.Here's my question;I have come across an answer to I guess the overall suit or at least their interr. and answers demand.And that is "Answer by Defendant in Lawsuit Alleging the Affirmative Assumption of Risk" which basically states that they should have known that there would be risk involved by not settling this matter in a conveniant and proffesional like manner.Therefore they have no right to suit because of they simply have to share in "fallout" of my efforts to collect a bad debt. I f the judge will honor this should he not toos out the liebel suit which will allow me to counter sue and maybe get some justice. and if this is a feasible approach then what motion can I file with the clerk that will def make it tyo the judge to get these cockroaches in court before a jury?

Expert:  Barrister replied 10 months ago.
That is an interesting argument to make but to be honest, I don't think a judge will buy it because you can't really say that someone assumes the risk of being libeled and defamed because they didn't pay a debt they owed. If you had simply said in the flyers that they owed you a debt of $XXXX and refused to pay it, then that is completely true and wouldn't be defamation.
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But when you allege that someone is a thief and crook because they didn't pay a debt, that crosses over into libel and defamation because those type of allegations can harm a person's business reputation and standing in the community. Your recourse should have been to file a breach of contract lawsuit against them for failing to pay you.
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So at this point, I hate to say it, but you need to get an attorney involved to represent you, file a counterclaim against them for breach of contract, and defend against the defamation claim. If you are going up against them and their attorney, then you are at a severe disadvantage if you aren't represented by counsel. What is equitable and fair isn't always reflected in the law and it is more about doing things the procedurally proper way according to the black letter law. They may very well be crooks and thieves, but unless you can prove that they have stolen something and been convicted of it, you can't make those kinds of comments to the general public.
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If you hire an attorney to represent you and countersue you can ask for your attorneys fees based on them acting in bad faith and maliciously refusing to pay you for your labor. The attorney can also try to either get their suit thrown out or work out some settlement between what they owe you and what they are suing for.
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But without an attorney, you are walking into the lion's den unarmed...
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Thanks
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 22594
Experience: 14 years practicing attorney, MBA
Barrister and other Business Law Specialists are ready to help you

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