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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What is the best way to get someone to stop harassing me, talking

Resolved Question:

What is the best way to get someone to stop harassing me, talking badly about me in public? This person is a past business partner, soon to be ex sister in law, and informant on a fraud case causing my family to loose it's form of income.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

How is the person harassing you and what exactly are they saying about you?

Is what they are saying about you untrue?
Customer: replied 1 year ago.


she is threatening calling the cops on me for theft of property, The property in question is a camper that in the divorce decree she filed belongs to my brother, he asked that I keep the camper on my property for storing because I have 40 acres, and he was asked by city authorities to move it from where he had it parked.


 


She is threatening to sue me with HIPA laws because I gave her a buy out from a pilot car company we owned together. She says that I should not have disclosed the amount of the buyout. There was no clause in the buyout stating that amount was confidential. She is angry at my brother for knowing about that amount and letting the judge in their divorce know of the payout. Buyout was completed December 4, their papers were filed December 23 She is also claiming that I am trying to evade taxes with the company that we shared. I have had the taxes filed by a CPA, no extension. The said CPA filed her tax return also.


 


In the fraud case she has given information to an entity looking to charge my husband and his business partners with fraud. She was a book keeper for them for approx. 6 weeks, in that time she was never properly trained. and signed an NDA for the company. She is now claiming she never told anyone anything, but has more than once given up information to us from the party looking to charge fraud.


 

Expert:  Zachary replied 1 year ago.
Thank you for your response.

Based on what she said, she has absolutely no leg to stand on in connection with any of the claims she is alleging against you.

A person does have a constitutionally protected freedom of speech which allows this to say alot of things which may be harassing to you, but are legally allowed. However, she crosses the line when she accuses you of a crime and of fraud. Her false accusations are considered defamation if she is making them to third-parties.

The first thing you should do is send her a CEASE AND DESIST letter telling her to immediately cease from all public accusations against you of fraud and of criminal behavior. Tell her that if she persists with these false statements you will be forced to sue her for defamation.

If she is repeatedly calling you the telephone and harassing you personally with these false threats, you need to contact the police and ask for a restraining order for telephone harassment and stalking.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.


She is not talking to me directly in any of these situations. she has spoken to my husband, and my brother. She has not called the cops but is making the threat is that enough or do I need the cops to be called?


 


 


One more question for my brother. She is the petitioner, they have not hired attorneys to help with this situation. She has neglected to submit paperwork requested by the judge continually. How does he as the respondent push this along to get it finalized?

Expert:  Zachary replied 1 year ago.
Her statements about you to your brother and husband are enough for a defamation claim to be filed against her in small claims court. Go ahead and send the Cease and Desist.

You could also file for an injunction against her to prevent her from further contacting anyone in your family by filing a civil lawsuit in a higher court, but this would require getting a lawyer.

In regard to the question about your brother, if she has violated orders by the judge, your brother needs to file a Motion for Contempt of Court and site that she has failed to obey the court's orders and ask for sanctions against her or for dismissal of the case.

Customer: replied 1 year ago.


If the judge dismisses the case will they have to refile for divorce or will that push the agreement she originally filed through?

Expert:  Zachary replied 1 year ago.
If your brother also wants a divorce, then he needs to simply not ask for the case to be dismissed (judge will not dismiss it if your brother does not want it to be dismissed).

It will not push the agreement through either. What it will do is push the case forward towards a trial and will exclude evidence which is in her favor.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
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