Friday, May 14, 2010

What is a court in FL finds you for default on a slander/libel civil case and you live in GA?

I don't work nor own a house or anything. The guy is sueing for $50,000! Just what can this guy get? He is an idiot. and Karma is a *****. All I did was say he screwed someone over (in an email to someone who in turn forwarded the email to this guy) and he took that an ran with it. Please help if you know.What is a court in FL finds you for default on a slander/libel civil case and you live in GA?
i have begun to answer your question several times, but there is no way to effectively answer within confines of this forum. so i will ask only one question at this point: have you been served with a copy of the lawsuit the guy filed? if so, i would think the correct response would be to have a lawyer file a ';special appearance'; in the Florida court challenging the court's personal jurisdiction to make a ruling against you. i suggest you do not attempt to do this on your own. there are too many ways you could take an action that would, under the law, ';waive jurisdiction'; thus giving the Florida court the authority to rule it may not otherwise possess. a court must have personal and subject matter jurisdiction to make a binding ruling in a case. note that a court may issue a ruling thinking it has authority based on representations made to it by the person bringing the suit. i have rarely seen a judge, in the busy judicial system that most are in, do any investigation beyond the bare-bones testimony of the petitioner. while it may be possible to set aside the judgment if the court lacked proper jurisdiction, this can be costly and time consuming. in the meantime, the defective judgment (whose defect would not necessarily be apparent on its face) could be used in efforts to collect the judgment against you. for instance, the Florida judgment could be registered in Georgia and enforced to the full extent of a judgment issued in Georgia. it is an unfortunate fact that even an idiot can use the judicial system to cost another time, aggravation, and money. there is a remedy for filing frivolous lawsuits, but then you still have to use.... i think you should consult a lawyer you trust and believe to have a good knowledge of jurisdictional issues. there are simply too many possibilities in this scenario to effect a viable legal strategy in this manner. sorry i cannot provide you comfort.What is a court in FL finds you for default on a slander/libel civil case and you live in GA?
He's not going to get anything. He has to prove that what you said A) was not true, and B) harmed him in some way. Slander is very hard to prove. It would have had to have affected his business and personal life and would have to have been told by you, to many people. If you didn't show up, he might win by default, but I doubt it. If he wins by default, he can garnish your wages in the future to pay the debt. You will always have this hanging over your head. But again, he has to prove that he was irreversibly harmed.

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