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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90281
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Libel/Slander - Defamation of Character; False ...

Customer Question

Libel/Slander - Defamation of Character; False Report/Mischief. An estranged family member made a prank call from the US to Canada saying there was abuse occuring in my home. Child and Family Services and the Police are now involved. None of that is occurring in my dwelling. How do I seek restituation and damages from this person in US while I in Canada?
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
You will need an attorney in the U.S. state where the person lives and will have to file a law suit in that state since that is the only court that has jurisdiction over that person. You can file for defamation if you can prove the statement was knowingly false when it was made and it was made with reckless disregard for its falsity. You will also have to show some monetary damages. You can find an attorney to assist you by calling the bar of that state.


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Customer: replied 6 years ago.
Reply to PaulMJD's Post: So what you are saying is that I am able to contact the legal bar in Atlanta and hope one of the attorney's will represent my case, correct? Would you know this, would i have to travel to meet this attorney at any point or would this occur soley by phone, email, fax?
A lawsuit? how much will that be for? Looking on line it shows 15K. Do you know of any other cases simular to this?
Expert:  Law Educator, Esq. replied 6 years ago.
For a referral you can contact:

Atlanta Bar Association
Lawyer Referral and Information Service
400 International TowerXXXXXbr />Atlanta, Georgia NNN-NN-NNNNbr />Carla Brown(NNN) NNN-NNNNbr />
You can meet with the attorney over the phone and you can send him whatever evidence and proof you have. At some point you may need to appear in court if the matter goes that far. As far as how much you should sue for, that all depends on your actual damages and emotional damages. This is something that the attorney will have to determine after examining all of the evidence in your case. Each case is different and I have had some where all we received was $200 and there have been others that have exceeded $15K. Again, it all depends on the damages you have suffered.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90281
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 21 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you so much Paul. It is a start.
Expert:  Law Educator, Esq. replied 6 years ago.
You're welcome. Good luck to you. Just remember everything you do against this person must be done in GA.
Customer: replied 6 years ago.
Reply to PaulMJD's Post: OKay.
I am not sure how long this will take to get the ball rolling, but I will inform you of its outcome (if I am not back before that).
Expert:  Law Educator, Esq. replied 6 years ago.
It may take a little time, but it will get handled. Remember, defamation has a 1 year time limit to file an suit.
Customer: replied 6 years ago.
Yes, right now I am collecting a paper trail, from the school, to the social worker, my physician because he put me on relaxants so I can sleep, and next will be the police dept. I am requesting everything by documented. The only thing I do not have is the actual documentation of the phone call that was made because it would be part of the school and CFS phone records not my own.
Expert:  Law Educator, Esq. replied 6 years ago.
Phone records can always be subpoenaed by the attorney.

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