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    fionarichardson's Avatar
    fionarichardson Posts: 5, Reputation: 1
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    #1

    Apr 28, 2012, 05:38 AM
    Defamation of character on Facebook
    My business and my character were defamed on Facebook by a former friend which I was advise by a mutral friend, I want to go and get a charge put against them at the Police station and my lawyer.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 28, 2012, 06:56 AM
    Hello f:

    The cops don't care.. What they did wasn't against criminal law.. You lawyer might be interested, though.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 28, 2012, 07:02 AM
    First, can you prove this was your friend? How were you defamed? Did the "friend" post this on his FB page or on yours?

    Did you contact FB to remove it?

    As noted, this is not a criminal issues, so you need to consult your attorney about what action can be taken.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 28, 2012, 07:07 AM
    And first what they posted is it true or a lie ? If it is true, then there is no protection at all
    fionarichardson's Avatar
    fionarichardson Posts: 5, Reputation: 1
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    #5

    Apr 28, 2012, 07:22 AM
    Thank you for your comments, yes I know for a fact that it was and the mutual friend is going to send me the dialogue posted on her Facebook page which was then updated to her network.

    The allegation is blatantly untrue and I will not stand for the defamation.

    I am waiting for the dialogue to take as evidence to the police station and will give to my lawyer to draft the letter.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Apr 28, 2012, 07:34 AM
    Quote Originally Posted by fionarichardson View Post
    I am waiting for the dialogue to take as evidence to the police station and will give to my lawyer to draft the letter.
    Hello again, fiona:

    Did you come here for advice, or to tell us what you're going to do?? Who said anything about a letter? A couple of us DID tell you about the cops, though. Are you interested??

    There are TWO parts to a defamation lawsuit. First, is it a lie? Second, what are the measurable monetary damages... I didn't make up those words. You have to be able to PROVE that what she wrote COST you money, and you have to show exactly HOW MUCH. If you can't PROVE the first, the second doesn't matter.. If you don't have the second, the first doesn't matter.

    excon
    fionarichardson's Avatar
    fionarichardson Posts: 5, Reputation: 1
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    #7

    Apr 28, 2012, 07:45 AM
    Thank you, I apologize, this has all just happened, and it is quite complicated.

    I am super furious and I do not like feeling helpless. Your advice is noted, I appreciate your knowledge and insight.

    I am a very ethical person and I don't take attacks on my character lightly.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Apr 28, 2012, 08:03 AM
    Quote Originally Posted by excon View Post
    ...
    You have to be able to PROVE that what she wrote COST you money, and you have to show exactly HOW MUCH. ...
    Unless whatever jurisdiction OP is in conforms to the normal rule regarding libel per se, and whatever was written was in fact libel per se, in which case proof of "exactly how much" isn't necessary.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Apr 28, 2012, 09:03 AM
    Quote Originally Posted by fionarichardson View Post
    Thank you for your comments, yes I know for a fact that it was and the mutual friend is going to send me the dialogue posted on her Facebook page which was then updated to her network.

    The allegation is blatantly untrue and I will not stand for the defamation.

    I am waiting for the dialogue to take as evidence to the police station and will give to my lawyer to draft the letter.
    I understand your anger, but you need to temper it. First, how do you know "for a fact"? All you appear to know is that something was posted on a Facebook page that you were told was defamatory. Did you actually see the page? If you friend needs to forward it to you, then it would appear you haven't seen it So you know very little as fact. Understand?

    Derogatory info is posted on the we. All the time. The fact is that the likelihood of this being seen by a wide audience is very small. The people likely to see it will probably know it's false.

    So, my advice to you is to calm down. Get all the REAL facts lined up, then consult with your attorney as to the proper action to take.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #10

    Apr 28, 2012, 09:53 AM
    You seem to think it's necessary to take the draft to the police, regardless of being told that the police won't do a blessed thing. It's civil, not criminal.
    Just take it to your lawyer. If your lawyer suggests that you not pursue it because it's going to cost a lot for possibly no award, then I hope you take the advice.
    fionarichardson's Avatar
    fionarichardson Posts: 5, Reputation: 1
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    #11

    Apr 28, 2012, 11:42 AM
    It is a very unfortunate situation, a very complicated one and far too involved to explain in this forum. Sadly whatever route I take, as a result of the actions taken by this individual this relationship is over. I appreciate the clarity and advice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Apr 28, 2012, 11:45 AM
    Good luck and keep us posted. Just understand there is a difference in what you think you know as a fact and what can be proven in court.
    jamiejonesy's Avatar
    jamiejonesy Posts: 5, Reputation: 1
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    #13

    Apr 28, 2012, 11:25 PM
    I came to this forum looking for the answer to a similar situation. I have consulted an attorney for my issue. The first question he asked me was if I retalliated and used any form of defamation back. Sadly, I did. He also asked if the person actually named me or if it was an assumption. Once again, they did not, but in my anger I did plainly name them. I don't have any course of action to take at this point but to decide if the bigger side of me wants to have a sit down. It has been a tough call, but the Christian in me will have to sit down and talk with them. Who knows, maybe this is test God is sending me to see if I am a forgiver. I think most times things can be talked out and I am going to try that approach. I am now regretting not picking up the phone when it first occurred instead of shouting back publicly. Good luck with your situation. I will pray for you as I pray for my situation, too.
    jamiejonesy's Avatar
    jamiejonesy Posts: 5, Reputation: 1
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    #14

    Apr 29, 2012, 12:05 AM
    One other thing, my lawyer said that they know could take action against me and actually sue me since I did name them.
    fionarichardson's Avatar
    fionarichardson Posts: 5, Reputation: 1
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    #15

    Apr 29, 2012, 12:20 AM
    Thanks for your insight, I have not responded.
    jamiejonesy's Avatar
    jamiejonesy Posts: 5, Reputation: 1
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    #16

    Apr 29, 2012, 07:30 AM
    Well, I contacted the person this morning and they responded. We are going to meet and talk today. I think this will work. I am sure God will be at work here and I feel much better for having made the contact. We have to be around each other in other situations and I don't want this to be an issue that we cannot get past. Praying for you that you will be able to make contact and end without anything legal. I will post after my meeting.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #17

    Apr 29, 2012, 08:00 AM
    Quote Originally Posted by jamiejonesy View Post
    I came to this forum looking for the answer to a similar situation. I have consulted an attorney for my issue.
    Thanks for sharing your situation. You have a good lawyer, the advice he gave was right on from my understanding.
    jamiejonesy's Avatar
    jamiejonesy Posts: 5, Reputation: 1
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    #18

    Apr 29, 2012, 09:39 AM
    My meeting is over and went amazingly smooth. I prayed before I met asking God to give me the right words. I even deleted my Facebook post before I went to show that I was willing to end it. I think that was a big key in the whole factor. Even though the post had been seen by many, deleting prevented any other hurt and was the first step. I also think it showed others that I was a Christian and did not have to act that way. Good luck to you and I hope we all hear back something positive from you.
    jamiejonesy's Avatar
    jamiejonesy Posts: 5, Reputation: 1
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    #19

    Apr 30, 2012, 08:32 AM
    Just sharing that what I thought was going to be nasty and negative has turned into a positive. That just goes to show you that the legal system isn't always needed and that the good way of communication still does exist. And with actingly in a Godly way, things can be resolved. Hope fiona finds peace over it all and things are worked out. Would love to hear how things are going.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #20

    Apr 30, 2012, 09:36 AM
    Quote Originally Posted by jamiejonesy View Post
    Just sharing that what I thought was going to be nasty and negative has turned into a positive. That just goes to show you that the legal system isnt always needed and that the good way of communication still does exist. And with actingly in a Godly way, things can be resolved. Hope fiona finds peace over it all and things are worked out. Would love to hear how things are going.
    I appreciate your faith, but not everyone believes the way you do. This is a law forum, so please don't bring your faith into it. In my experience such things are rarely resolved in a peaceful manner.

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