QUESTION

If someone has posted very defamatory comments about me online, how do I proceed with legal action?

Asked on Apr 14th, 2015 on Litigation - California
More details to this question:
I have had someone who has posted VERY defamatory (and untrue) personal comments about me online. This has hurt my business and standing socially. The site will not remove the comments and I want to fully go after the person that is responsible. What steps do I take?
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3 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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Review the situation with a competent attorney. Don't assume that the comments meet the legal standard of defamation but, if they do, you may have remedies against the poster and/or website perhaps even criminal ones.
Answered on Apr 16th, 2015 at 2:13 PM

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Edwin K. Niles
You will have to file suit. Ask your local bar assn for a referral to a lawyer who handles such cases.
Answered on Apr 15th, 2015 at 6:34 PM

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Write or e-mail the person, cc to the web site, and tell them you have suffered damages, the comments are clearly false, and if they are not removed within the next 3 business days you will file suit for all of your damages along with punitive damages, and that you will include the web-site for publishing information that it should know is false and defamatory. State that your attorney advised you to send this demand letter before he files suit. Try to post on the web-site a statement that the information is false, published to hurt you, you can be contacted to tell the reader how it is false, and you will be filing suit. Then go to local attorneys who handles such suits and find out their recommendations; initial interviews are normally at no charge. Try to see if the offended person has any assets worth going after.
Answered on Apr 15th, 2015 at 12:39 AM

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