I received a letter from Joe Blow wanting me to contact HIM about a time to set up a disposition with HIS laywer. Joe Blow is out of state. Do I respond to Joe Blow? My thought was that Joe Blow must think I must of feel off the turnip truck yesterday.Wouldn't or shouldn't I receive the request from his lawyer stating a date and time for the desposition or would I receive the request from the court? The court hasn't even said that there is a case yet. They just wanted my response. This is concerning a civil matter that Joe Blow has filed against me for slander/libel which I must say is untrue.
Please help. Thanks
2007-12-29 06:43:36 · 12 answers · asked by msjventi1 1 in Politics & Government ➔ Law & Ethics
You have no legal obligation to respond. In fact anything you voluntarily say to anybody can be used against you in preparing a law suit. Sounds like there isn't even a suit filed yet. You should consult an attorney about how to handle any future communications.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-29 06:55:30 · answer #1 · answered by Anonymous · 1⤊ 0⤋
do not respond to this letter Joe BLow is just attemptong to get a responce from you hopeing that it will be a negitive responce so that Jo Blow will have more to go on. Again I repete do not reply to the letter IF Joe Blow had an attotrney the attorney would have contacted you....now there are Laywers that will cunsult you for free and give you their advice that would be your best bet also if you go to a librbry and explane to the librarien your matter they can help you look up what your options are that would be a start....good luck ok
2007-12-29 09:35:22 · answer #2 · answered by ღOMGღ 7 · 0⤊ 0⤋
If you or your Attorney have not received a copy of the filed Summons and Complaint, then you are correct thee is no law suit yet. Also, your Attorney would receive the Notice of Deposition from his Attorney, not from him. Do NOT talk or deal with him at all. Slander/Lible suits are very hard to prove, so if you haven't gotten anything from his attorney I would say he is blowing smoke up your ***. Attorneys don't even like to take these cases because they are difficult. Unless you said things to him on front of a crowd and he can prove that they are not only UNTRUE, but also had an adverse effect on him. He has no case. Good Luck....send him back a letter saying Stick and stones may break my bones, but words will never hurt me...
2007-12-29 07:08:28 · answer #3 · answered by begood1977 4 · 0⤊ 0⤋
Any notice for deposition must come from opposing counsel to your counsel. Then your attorney will get with you and make sure the time and date are good for you; i.e., maybe you are having surgery that day and cant attend? They cannot just compel you to show up not knowing if youre even going to be able to. (I mean, the CAN compel you, but that is what a notice of deposition is for, to schedule an appropriate date and time to appear).
Theres more to scheduling a deposition than just a couple people showing up. You need to have a deposition location. You need to have a court reporter. You need to have all parties present. That means your lawyer, his lawyer and both of you. Discovery has to have taken place. Interrogatories must have been completed. Papers must have been filed with the court and you had to have been served with papers - or there is no lawsuit.
And remember, for this guy to win his case against you, he has to be able to prove that what you said against him is untrue AND that he was harmed in some tangible way by what you said.
If you called the guy a jerk, his friends could very well say that he is not a jerk, but you could also find enough people to say he is a jerk that he would have no case.
Even if everyone agreed he was not a jerk except for you, he would still have to have been harmed in some tangible way. You called him a jerk and because of this, people stopped going to his store to buy his widgets, because after all, he is a jerk. Get it?
I hope you are not trying to represent yourself in this matter. "A man who represents himself in court has a fool for a client." Time to lawyer up.
Hope this helps.
2007-12-29 06:46:59 · answer #4 · answered by Rebecca 7 · 0⤊ 0⤋
Your State law is determinant in this matter.
Since Joe Blow has an attorney, you shouldn't have any contact with him. Just the atty. Refuse to talk to Joe Blow. Make him pay his atty to call you.
You are right, as letter should come from Joe Blow's atty, but not the court.
I don't have enough info to say more.
2007-12-29 07:04:07 · answer #5 · answered by La Belle Dame Sans Merci 6 · 0⤊ 0⤋
GET A LAWYER!!! You will need one to represent you at the deposition, as it is never a good idea to go it alone.
Your lawyer would be able to object to an irrelevant line of questioning or other unfair tactic and keep you calm during your testimony.
Joe Blow shouldn't be the one who determines the date of the deposition. All counsel, as well as all lay participants, must mutually agree on the date and time. Lawyers are busy people and aren't likely to be available when "Mr. Blow" says HE is.
What a jerk.
2007-12-29 06:51:28 · answer #6 · answered by ? 6 · 0⤊ 0⤋
there's a pending action to stay Discovery, which would be granted. besides, the action to brush aside would be granted. Why? because of the fact the form says that the courtroom has no jurisdiction. that's no longer appropriate how plenty you desire it to ensue, and how smart the lawyer is (or as a result, actual isn't), you will no longer be able to get previous the indisputable fact that the form says who can quialfy the president (Electoral college and Congress, in the previous Inauguration) and who can eliminate him (Congress, by using Impeachment and trial). The courtroom will no longer be able to furnish a treatment, subsequently there is not any status. you will no longer be able to declare a Constitutional disaster, attempt to seek for a unconstitutional decision, then declare the decide is corrupt and committing treason. nicely, you may while you're Orly Taitz. yet that's what makes birthers look nuts.
2016-10-02 13:17:00 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Don't say a word to Joe Blow. Anything you say can and will be held against you. Your attorney can speak to J.B. - or wait until you receive orders to appear.
2007-12-29 06:47:57 · answer #8 · answered by roadrunner 5 · 0⤊ 0⤋
I Know in England,to take out a case you needA)A suit
B)Money
C)Know -How
D)A Degree is a help.
Put your case speak to them(and the court)and try and resolve it out of court if possible.
2007-12-29 06:49:47 · answer #9 · answered by godbar 2 · 0⤊ 0⤋
Not responding is a mistake. See an attorney soon,
2007-12-29 06:48:21 · answer #10 · answered by Anonymous · 0⤊ 0⤋