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Ely
Ely, Counselor at Law
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I plan to come to America this year or next and take someone

Resolved Question:

I plan to come to America this year or next and take someone to court over a racial insult used a couple of years ago online in order to sue them (most likely for defamation). I can identify this person offline (know their current city & full name) but how would I go about getting a court order sent to them in order to start off the case.
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.
Hello,



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



You might have a statute of limitation problem. How long ago did they do this, and what state did this happen in? What state are they in now?



Customer: replied 6 years ago.
Hello. It happened over 2 years ago and they are currently in Louisiana (apparently a city called Bossier City). However I only considered suing at the end of last year, so it had been going on for over a year by that time.
Expert:  Ely replied 6 years ago.
You're not going to like my answer. :\You can't sue them. Statute of limitation in LA for this kind of tort is one year maximum, and the statute starts counting after time of incident, not after time of when you thought you should sue. Also, the statute does not toll (stop) if you leave the state. I'm afraid, and I'm sorry, that you ran out of time. Anything you file would be dismissed in Summary Judgment.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 6 years ago.

Okay. Would it be possible to take it up in another state that has longer limitations? (Ideally lasting for up to 3/4 years since it was back in '07)

 

Thank you very much for your help.

Expert:  Ely replied 6 years ago.
Sorry, you're limited to (1) state you live in, (2) state the defendant lives in, and (3) state where it happened in. Since you are outside USA, the two choices are (2) and (3), both of which are LA. :\

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 6 years ago.

I cannot be sure, but I'm sure he was living in Tennessee when it happened (in Memphis I think) and then moved to LA. Would that make any difference?

Expert:  Ely replied 6 years ago.
Jurisdiction is where he currently has lived for 6 months. If he's been in LA for this long, sorry.
Customer: replied 6 years ago.
Okay, thank you.

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