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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3822
Experience:  30 years of experience
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I have had my name with personal attacks and what appears to

Customer Question

I have had my name with personal attacks and what appears to be bullying and people thinking I cannot do anything about what they post up on this site.
The people posting it are doing it in "retaliation" to be vindictive and the motives are clear. They have gone so far as to post email and home address of mine. They have done this before. They refuse stop....and I contact the police department. The police finally told them it has reach to the point where I could come after them for harassment and have them charge. They stopped immediately and got really nice towards me because now I could take action against them.
Th postings that are up have FLAT OUT ADMISSION that the poster posted up lies, another admission that the information and completely inaccurate and not reliable. THEY POSTED THESE ADMISSIONS. However, the site refuses to take it down with the admission and appears to what to "extort" over 700 dollars out of me for removal with thee admissions. I have contacted them, asking them to remove it because the posters admitted to lies and inaccuracies and unreliability. They have completely refused.
It really shouldn't cost much for this to be removed, at all. But they are trying to extort money.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
Since the original persons who have posted have acknowledged that the information is false you can bring an action against both the original posters for defamation and for intentional infliction of emotional distress. Since the website is now aware of the false nature of the statements and refuse to remove them, they too may be liable to you. Meaning they may have to pay you if they do not remove the statements from their site.
The defamation claim and the intentional infliction claim are both intentional torts. In regard to intentional torts you may be entitled to both punitive damages and attorneys fees.
Here are some articles that discuss these actions:
http://injury.findlaw.com/torts-and-personal-injuries/defamation-law-the-basics.html
http://injury.findlaw.com/torts-and-personal-injuries/intentional-infliction-of-emotional-distress.html
These cases all begin with a well crafted Demand letter. Often a well written Demand letter will get the situation resolved because once the company sees that you are serious about protecting and pursuing your rights they often comply in order to avoid litigation. You should seek out local counsel familiar with Tort Law (also known as Personal Injury Law) to have the demand letter prepared.
Most attorneys who do this work will meet with you at little or no cost to make an initial assessment of your case. Also these types of cases are often taken on a contingency fee basis. This means that you do not pay any attorney fees unless you win. (Although you would have to pay the court filing costs and service costs, both of which are recoverable if you win.)
Given that you already have admissions on record, much of your case may be well established.
This site is useful in finding attorneys:
http://lawyers.findlaw.com/lawyer/practice/personal-injury-plaintiff
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
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Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.