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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87041
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, my son and I are being harassed by a 15 year old in

Resolved Question:

Hello, my son and I are being harassed by a 15 year old in Missouri. My son has only known him briefly. He has posted a video on YouTube complaining about me not letting them play online. He has stated that I make thousands of dollars and has named my son. He has alos posted my website and contact info telling people to get in touch with me regarding this. I'm really concerned for the safety of my son not necessarily from this kid, but from anyone else watching this.
I have contacted the boy several times asking him to remove this, but he refuses and threatens to post it elsewhere.
Do I have any rights on this matter? Anything I can do to get him to remove this and stop emailing us?
Greg
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me if he has:

1) Threatened you/your son?
2) Encouraged others to threaten you/your son?
3) Stated any falsities about you/your son?

What exactly do the videos consist of?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

No threats have been made. He has only encouraged others to contact me which I feel is harassment. He tells his side of the story that are filled with many false statements.


I'm just concerned because he stated how much money I make and my sons full name.


The video is over 20 minutes of him rambling on about what happened and his opinion about me. He also admits sending emails under a false name to trick us. It seems harmless, I just want to know if I have a right to get him to remove the video and leave us alone for our online safety.

Expert:  Ely replied 1 year ago.
Thank you, G.

What someone in your situation may wish to do is to threaten legal action. Very often, the mere threat of a lawsuit has the party cease and desist. This is done by the aptly name "cease and desist" letter. While you can do this yourself, considering that this individual has shown disregards XXXXX XXXXX efforts so far, an attorney's letter work better, as it carries much more gravitas and may scare him into compliance.

This is because an attorney's letter can be more straightforward and threaten suit, whereas here, he does not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely).

What the attorney can do is threaten to sue him possibly for invasion of privacy, defamation, and intentional infliction of emotional distress.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.

The elements for INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS are: (1) outrageous conduct by the defendant; (2) the defendant's intention of causing or reckless disregard of the probability of causing emotional distress; (3) the plaintiff's suffering severe or extreme emotional distress; and (4) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Alcorn v. Anbro Engineering, Inc., 2 Cal.3d 493, 497-498 [86 Cal. Rptr. 88, 468 P.2d 216]; State Rubbish etc. Assn. v. Siliznoff, 38 Cal.2d 330, 337-339 [240 P.2d 282]; Spackman v. Good, 245 Cal. App.2d 518, 528-529, 531-534 [54 Cal. Rptr. 78]; Rest.2d Torts, § 46.)

DEFAMATION is publication of a statement of fact
that is false, unprivileged, has a natural tendency to injure or which causes "special damage," and the defendant's fault in publishing the statement amounted to at least negligence. Cal. Civ. Code §§ 44, 45a, and 46.

INVASION OF PRIVACY includes public disclosure of embarrassing private facts about the plaintiff and publicity which places the plaintiff in a false light in the public eye. Eastwood v. Superior Court, 149 Cal. App. 3d 409 - Cal: Court of Appeal, 2nd Appellate Dist., 7th Div. 1983 quoting Prosser.

Punitive damages may be sought under Cal. Civ. Code § 3294(a) as well for oppressive conduct, along with an injunction.

Often, such a letter will do the trick. It is relative inexpensive, and may I recommend the ___ Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

You may find that this will do the trick about 95% of the time as the party would be afraid of actually being sued. I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Great, I think a letter would do the trick. Any idea how to do this cheaply? He lives in Missouri, any laws that might work in my favor?

Expert:  Ely replied 1 year ago.
G,

Great, I think a letter would do the trick. Any idea how to do this cheaply?

Simply call around - a letter like this can be written for $150 or so - try at least 3-4 attorneys to compare rates.

He lives in Missouri, any laws that might work in my favor?

The laws for this are more or less the same in Missouri, but you want to send a letter from California, because should you actually have to file suit, CA would be your better jurisdiction to do it in.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87041
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Do you think I can just go through something like legalzoom.com? I'm facing expensive upfront fees just to talk to them.


 


G.

Expert:  Ely replied 1 year ago.
G,

I am not sure if legalzoom.com provides legal representation; I do not believe it does, I am afraid.
Customer: replied 1 year ago.

Do you think I can contact an attorney requesting JUST a letter sent without paying the top dollar for a consultation? I would think there is a service like this that you can just present the information and have it automatically sent. Hmm. :(

Expert:  Ely replied 1 year ago.
Hello,

Hmm.. this depends on each individual attorney. This would be hard to say, I am afraid. You can always ask... I am sure that you can find someone to do this cheaply.
Customer: replied 1 year ago.

Ok, than you Ely. I think that covers it. :)

Expert:  Ely replied 1 year ago.
No problem!

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