QUESTION

Is It Too Late/ Probable Cause To File For Libel Defamation

Asked on Jul 16th, 2022 on Criminal Law - Texas
More details to this question:
Charge: Theft by Check Year Charge Filed: Oct 2018 Year Store Sent My Name to Certegy For Blacklisting: 2019 Embarrassed for check decline but cashier stated it was due to system failure: June 2021 Warrant Arrest Date: Dec 2021 Reinvestigated requested after I became aware of charge Verdict: Case Dismissed by Prosecution before my court date, due to "Identity Theft" in Jan 2022. After Dismissal: Discovery of store statement on Certegy/ & "defamation" now considered, due to case already dismissed. Certegy declined to remove defamation. Store declined to request Certegy remove defamation by stating only the court could request the removal listed. Also, the report revealed discovery that embarrassing decline event was caused by store's statement listed on Certegy. -If defamation statute of limitations begins when its published, did it start ticking in 2019 or when the statement is determined to be officially defamation, Jan 2022 when case dismissed?
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1 ANSWER

Drug Crimes Attorney serving Houston, TX
Partner at LeGrande Law
2 Awards
Once criminal charges have been filed, the only way you can remove them is by filing a petition for expunction, and obtain an order expunging the criminal history information. If you want to accomplish removal of this info, this is how you can do it. It will cost you about 4 hrs of an attorneys time, plus the filing fee charges by the clerk. It takes 3-6 months to complete. Lawsuits are usually filed two ways: retainer agrements, and contingent fee agreements. You certainly can find an attorney to file a defamation suit for you if you pay a retainer fee (usually 10-15 hrs or more of the hourly rate up front), and then the attorney bills against that until its depleted, then sends you a bill to refill the retainer. If you can afford it, you absolutely can find a lawyer this way. But you will be extremly unlikely to find a lawyer to file a lawsuit for defamation for you on a contingency fee agreement. This type of fee structure means the attorney fronts all the costs for litigation, only getring paid out of a settlement or judgment in the case. The reason? Defamation cases are difficult to prove. In a dismissed criminal charge case, you'd have to prove they intended to file false charges knowing they were false. Damages are hard to prove as well. For those reasons, you are probably not going to find an attorney to file your lawsuit hoping to get paid down the road. If you want it off your record, hire an attorney to help you get it expunged.
Answered on Jul 17th, 2022 at 6:55 AM

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