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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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there have been allegations on facebook from a member saying

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there have been allegations on facebook from a member saying I am mentally ill and insinuating I am a danger to children what can I do. He posted my name and everything and my name is XXXXX XXXXX He was a roommate not on lease and I am pushing him out. He has only paid 120 dollars in 4 months which was suppose to be 500 each month. He is my other roommates friend.   He did nothing but make my life like hell. He intentionally made fun of me and was trying anything to piss me off. I have been under stress and have missed work for respiratory anxiety. Could there be criminal charges or anything I could do can i legally have him removed asap

Sebastian Michaels
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

What exactly did he post?

Customer: replied 6 years ago.
he wrote quote i hate moving back to my moms because of a mentally insane roommate...children look away......f**k you sebastian michaels is there anyway i could have him removed asap i had to take 4 nitro glicerin pills today i cant afford to go into the hospital or more drs. he has been constantly antagonizing me....suppose to leave in 1 week but afraid wont happen he is my other roommates friend aND TGHIS GUY IS NOT ON LEASE
Expert:  Ely replied 6 years ago.
You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).

You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.

It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: libel, defamation of character, and intentional infliction of emotional distress.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.

If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.

In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.

Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

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