How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Someone spread slander words about me on the Internet, which

Resolved Question:

Someone spread slander words about me on the Internet, which make many people misunderstand me. My life is seriously influenced. Right now, the slander words spread widely. I want to hold my justice, but I do not know how.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Zachary D. Norris :

Hi

Zachary D. Norris :

I'm here to answer your questions.

Customer:

okay. Nice to meet you

Zachary D. Norris :

Slander is actually the spoken form of defamation. You are actually referring to something known as "libel."

Zachary D. Norris :

Are you a public figure or celebrity?

Customer:

No, I am a student in university.

Zachary D. Norris :

Very good, the reason I ask is because there are different standards when one is in the "public eye."

Zachary D. Norris :

On what forum was the libegl stated?

Zachary D. Norris :

sorry..libel

Customer:

I think it is on the internet

Zachary D. Norris :

Have you actually seen it?

Customer:

No, I have not started to collect evidence yet

Zachary D. Norris :

How do you know about it?

Customer:

my roommate mentioned it

Zachary D. Norris :

OK. Before you say more about it, I want to caution you that this is an internet forum, so what we say here is not under attorney client privilege.

Zachary D. Norris :

I can only give you general advice on what you need to do. OK?

Customer:

okay

Zachary D. Norris :

Give me a few minutes to look up the exact law for you.

Zachary D. Norris :

Please Stand by

Customer:

okay, thank you.

Zachary D. Norris :

OK. I'm going to give you a link that I want you to read through after we are through here. This gives you a good summary of defamation law in California.

Zachary D. Norris :

The link is

Zachary D. Norris :

http://www.citmedialaw.org/legal-guide/california-defamation-law

Zachary D. Norris :

Before you go to that, let me take you through the steps you need to do\

Customer:

okay

Zachary D. Norris :

The first thing is that you need to assess what actual damage has been done to you as a result of the defamatory statement

Zachary D. Norris :

Have you lost any money, or is it only damage to your reputation which has occurred?

Customer:

most people know me do not want to talk to me. the slander words is gonna destroy my social network

Zachary D. Norris :

OK. So this is reputational damage, which qualifies under the law as something you can sue for.

Zachary D. Norris :

The next step is that you need to identify the defamatory statements

Zachary D. Norris :

You need to make sure that the things that are being said are untrue.

Zachary D. Norris :

Truth is an absolute defense to a charge of defamation, unless it is said in violation of your privacy rights

Zachary D. Norris :

The step following that is to identify the person saying these things.

Customer:

you mean I need to get the evidence, and prove to people the slander words are wrong

Zachary D. Norris :

You do definitely need to gather the evidence. This will be copies of the defamatory statements. Most importantly, you need to identify the person who is posting the defamatory statements on the internet.

Zachary D. Norris :

This is usually the hardest thing when we are talking about defamation on line

Customer:

okay, I got

Zachary D. Norris :

OK. Once all that is done, you don't have to prove that what they said is untrue.

Customer:

what if they deleted them?

Zachary D. Norris :

If you cannot find the defamatory statements in a published format, then you need the sworn testimony of someone who read the publication.

Zachary D. Norris :

You said your room mate saw it?

Customer:

yes

Customer:

many people read them

Customer:

it spreades widely

Customer:

spreaded

Zachary D. Norris :

Your roommate's testimony (or affidavit) along with anyone else who saw it can satisfy your evidentiary burden to prove publication.

Zachary D. Norris :

Once you have identified the person stating the defamatory remarks, you need to send a certified letter to them demanding that they stop making the remarks and make a public apology.

Zachary D. Norris :

Set a time limit for their response.

Customer:

Do I only need to find one people, or I have to find more?

Zachary D. Norris :

If they miss the time limit, then you need to go an file suit in small claims court, or get a lawyer to handle a superior court filing.

Zachary D. Norris :

the more evidence you have the better.

Customer:

I got

Zachary D. Norris :

If you can't find an actual print out of the statement, then you need to get as many witnesses as possible.

Zachary D. Norris :

OK. that's all I have. Do you have any additional questions?

Customer:

okay, I know

Customer:

Yes. is there any way to find the statements even if they deleted them

Zachary D. Norris :

Yes there is. Anything that is placed on a computer is stored somewhere. It may be on the server of the internet social network where the person posted it. It will also be on the person's hard drive. So, it is possible to find it once you have the court's discovery power invoked.

Zachary D. Norris :

However, it is extremely expensive to do these type of discovery requests.

Zachary D. Norris :

Essentially, you need to seize the person's computer and take apart the hard drive for inspection by a computer expert

Customer:

okay, finding witness may be a cheaper way.

Zachary D. Norris :

most definitely

Customer:

Do you think how much I need to pay for the whole process?

Zachary D. Norris :

It's hard for me to say. Since you have reputational damage only, you would have to pay an attorney a retainer fee to do the lawsuit for you.

Zachary D. Norris :

Generally, a defamation lawsuit will start with a retainer of at least $5,000.00

Customer:

sounds good

Zachary D. Norris :

You may be able to negotiate something cheaper

Zachary D. Norris :

But that all depends on who you find to represent you.

Zachary D. Norris :

I would start by calling "Plaintiffs" lawyers or "trial lawyers" around your town and asking them for a consultation.

Zachary D. Norris :

Again, you can bring the suit yourself in small claims court

Customer:

I understand. Thank you very much!

Zachary D. Norris :

If there aren't any further questions on this matter, please show your acceptance of my work by clicking accept so I may receive credit. Good luck with everything. I hope you find the person who did this to you.

Customer:

I hope so. Thank you again!

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 7 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TexLaw
TexLaw
Attorney
2718 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs