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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11629
Experience:  JD, MBA
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I had faxed a copy of documents and explained. Spoke to VP

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I had faxed a copy of documents and explained. Spoke to VP assistant and she was a paralegal who concurred with me although no reply from the others. It think my next move os to file a false report. I mean, does a sheriff get this? I had sheriff go ti a petitioners place 4 times and they didn't answer the door. If I did a certified mail they would not sign. I need to clear my name asap. This is an outrage. The petitioner had worked at the club at one time and knows everyone. who knows.

Should I file for a false report under these circumstances?

How else should I proceed? What motions or filings?

Submitted: 4 years ago.
Category: Legal
Expert:  TJ, Esq. replied 4 years ago.
Hi again.

I'm unclear what you mean by false report. Do you mean defamation (i.e., libel, slander)?
Customer: replied 4 years ago.
Sure, I mean the claim of intimidation was false. It was at the prodding of the manager for her to do this. I simply handed her the subpena and she was upset say she didnt want to get involved, who does!? I need to clear my name... sorry..

I am saying I think I will go to the police station and tell them this incedent report is false, show them the subpena etc..

Expert:  TJ, Esq. replied 4 years ago.
Hi again.

I'm confused. Are you implying that a false police report was filed? Or are you just saying that the employee and manager at the club wrote an internal report that said that you intimidated the employee?
Customer: replied 4 years ago.
It was a false POLICE report, it's called a incedent report and that is what caused my membership to revoke. I need to clear this mees up
Expert:  TJ, Esq. replied 4 years ago.
Hi again.

Thank you for clearing that up. I didn't realize that it was a false police report. I would do as you suggested and contact the police department that filed the report. As for a lawsuit, you would not likely win a defamation lawsuit because a person generally has immunity from defamation when filing a police report. The reason is that making a person susceptible to a defamation lawsuit may discourage people from reporting possible crimes. If you are actually prosecuted, however, then you may have a valid lawsuit for abuse of process, which is basically a claim that the person abused the legal system by attempting to prosecute you. Until you are actually prosecuted, however, you wouldn't have a valid claim. So, at this point you may want to just contact the police to set the record straight about what occurred.

I hope that helps.
Customer: replied 4 years ago.
that helps.. So her claims in the restaining order that were not proven although excepted can be grounds for suite for say false prosicution? I am in the reconsideration motion. I am sure I will win although I see most dont no matter what, I am not one of those. When I am right, I don' give up.

Expert:  TJ, Esq. replied 4 years ago.
Hi again.

No, I don't think that the claims in the restraining order would give rise to a suit for false prosecution since restraining orders don't amount to a prosecution. If you are charged with a crime, then that is a prosecution, and you'd have reason to sue.
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