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Category: Family Law
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Experience:  Attorney & Certified Mediator
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What is the statue of limitations for slander My ...

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What is the statue of limitations for slander? My ex-husband went on-line to a public site and posted some very damaging lies about me. He posted my full name, address and place of employment on the public site. I have strong circumstantial evidence that he wrote the postings. The postings were made during our divorce and the posting lists his first name and phone number. Also he verbally told the lies to multiple family and friends. I''m considering suing but worry about the effects the law suit will have on my ten year old son. Please provide some advice.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
The answer depend on the state you live in?

Can you tell me if you have sustained reprocussions as a result of these postings?

Customer: replied 8 years ago.
Reply to LawNinvest's Post: I live in Alabama. I hold a professional job. As stated before my ex-husband posted my full name and place of employement. The site has a policy not to ever remove postings. The posting could easily come up anytime a person enters my name or place of employment. A lady from work did find the posting, while entering a search for our place of employment. There hasn't been any direct job loss as a result of the postings, but there is potential that additional people from work will view the postings. I work in a large company with personnel throughout the country. I don't know how many people have or will see the site in the future. I don't think I would ever lose my job, but I believe that it has damaged my reputation. Also I suffered large emotional damage and didn't want to go to work for months, although I did.
Expert:  Attorney & Mediator replied 8 years ago.
Thank youCustomerfor your reply to my questions.

In Alabama the statute of limitations of a defamation of character cause of action (which covers slander and libel) is two years from the date of injury.

Now to sustain a winning case for defamation, the plaintiff is required to present proof of the following elements:

  1. A false and defamatory statement concerning another;
  2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
  3. Damage to the plaintiff

Defamation causes of action are difficult to prevail when there is no evidence of damages sustained that can be measured by a monetary amount. You claim you sustained emotional damage...this would require proof of medical treatment, counseling or other medical confirmation to confirm that your emotional damage was related to the actual and proximate cause of his conduct. If you would have sustained job loss, that would definitely be damages you can recover. Damage to your reputation would only be evidence if you lost your job or were not promoted because of what your ex husband did. So evidence is required to show damages and all three elements are required to win your case.

So if you can present evidence of your damages then I would agree that you can sustain a winning case for defamation.

As to how this can damage your son. If he is aware of what is going on, it can affect him as a child rather not see his parents fighting all the time. If this is in regards XXXXX XXXXX issues, if the child's emotional well-being is not affected by your ex's behavior, the court will leave custody as is (if that was your question).

If you believe you have a case, then you need to have a personal injury attorney review your evidence and to represent you because defamation causes of action are very complex and difficult to prevail.

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Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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