Re: Defimation of Character

More | Report Post

On 10/10/05, Rhonda wrote:
> On 10/10/05, M'sta Mikey wrote:
>> On 10/09/05, Rhonda wrote:
>>> Just recently went through a bad breakup where i lived with
>>> a man who i thought was divorced. Not so, we then moved
>>> apart but still saw eachother to see if it can be
>>> reconciled and he will get a divorce. Now my ex seems to be
>>> intent on telling lies to coworkers, friends, family and ex-
>>> coworkers about me. He is still owing me money, i am
>>> pregant with his child and now his girlfriend and himself
>>> are sending me emails telling me i am lying and people will
>>> know exactly what i am and the child is not his. I have the
>>> facts that what he is saying is untrue all to save his
>>> relationship with his new girlfriend. Ihave the money order
>>> from my account with his I Owe You (ands signature on the
>>> back) from the car dealership, paternity showing the child
>>> is his, records showing that he is still not divorced, etc.
>>> He has told people we have not seen eachother since Feb
>>> 2005. I have phone records, emails stating our contact as
>>> well as his new roommate and friends being present.As well
>>> as the police record when i bailed him ot of jail on
>>> driving with no registration to which I paid the $800 in
>>> fines, impound fees to get him released. He has said i am
>>> making that up as well. The list can go on.I am tired of
>>> this and want to know if i have enough to take him to court
>>> to deal with this once and for all for defimation of
>>> character.
>>> What to do.
>>
>> If you are pregnant with his child, you need to see a lawyer;
>> Once paternity has been established, he will owe you child
>> support.
>>
>> Regarding the money he owes; best bet would be to sue him in
>> small claims or civil court, depending on the amount. But
>> remember, even if you win, it's your responsibility to
>> collect.
>>
>> Regarding his spreading of "lies" (slander). Send him a
>> certified/return receipt letter demanding that he cease and
>> desist immediately or that you will persue a legal means to
>> get him to do so. You can sue but the burden of proof is on
>> you to prove your case. You would need people involved to
>> testify and even if you prevail, your legal fees would
>> greatly outweight any $$$ that you would possibly get.
>>
>> Get to a lawyer regarding your child!
>
>
>
> Thank you so much for the advice. A prenatal paternity test has
> already performed and he is aware of the results. He is the
> father. A lawyer has been contacted but he still denies it to
> others.
> I will send a letter to cease and desist as suggested regarding
> the defimation of character.
> Small claims court as you said i am responsible to collect
> which is what the issue is now.
> Thanks again.
> R
>

As for collecting, there are 3 ways to go about it. You initiate
a Summons to Answer Interrogatories then proceed to collect based
on the information provided.

Summons to Answer Interrogatories - for getting information about
the defendant and his assets in order to use court collection
procedures.

Abstract of Judgment - to take to circuit court for recording as
a lien against real estate.

Writ of Fieri Facias - to have the judgment debtor's personal
property sold at public auction to pay the judgment.

Garnishment Summons - to secure payment from the judgment
debtor's bank account or earnings.