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i am - was - a mortgage broker. disgruntled exemployee's wife made false accusations at the state level. Was ordered to cease and desist during the investigation. took months - was cleared of any and all wrong doings. Business is still closed due to slow process of reinstatement. Same person made new, totally false, accusations at the local level a few weeks ago to make sure business cannot open again. Cleared of all those charges. Accuser has listed 2 homes for sale in the area. Have equity. can I lein these properties? What type lein would this be?
Optional Information: State/Country of Question: Colorado Already Tried: nothing, waiting for advise that will hopefully stop accuser activity. Have suffered major financial loss and see leins on homes as a way to recoop some of the loss.
Hi there...I can understand your frustration. You probably have a pretty good defamation case. You would first need to pursue your defamation case, then after you have won a judgment, you can pursue collection of that judgment by going after your accuser's assets. I've set forth the components of defamation below for you to consider.
Defamation can result from either slander or libel. 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; (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 wish you the best of luck!
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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.
defamation, yes. not my biggest concern, accuser is known and many people local will blow the accusations off not at a state level however where these accusations are taken seriously. More threats to continue accusations in the future have been made. I want 2 things - accusations to stop and lost business/income reimbursement. These homes would most likely sell before any defamation case would be settled. This would be the only 'real' money out there from accuser. how else can tie these asset up to tie up the proceeds due to seller? Don't really care what has happened to my reputation, i can rebuild.
I understand that you have suffered a serious loss and for that you are entitled to recover damages. But, before you can just go after someone, you must prove your loss in court. I know you want these accusations and threats to stop...it has been my experience that once you file the suit and the defendant get served with notice of the lawsuit, defendants tend to get quiet really quickly and discontinue all their defaming activities. Also, it has been my experience that filing the suit results in an attempt to settle. Best of luck to you!
Experience: Attorney/Developer
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