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Old 09-02-2007, 09:49 PM
award
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Default how to recover defendant's assets?

QUESTION: What is best state in which to bring this libel suit against a resident of Massachusetts? Then what is ability to compel the defendant to appear there? And would a judgment from a state other than the defendant's home state of Mass. be considered valid (and is it recoverable)?

FACTS: I'm the aggrieved party and have a very strong cause of action for libel which meets the standard for libel so far for every state in which I've looked it up. The libelous party is a moderately high income earner and HAS attachable assets so that a damage recovery should be possible. The libeled party is a private individual (not public figure), operating as a nationwide online business. The libelous party posted the libel in an internet forum that the party hosts and publishes him/herself, with the entire forum having the express intention of disparagement.

The libel is provably false by a volume of documentation. The libelous party can be shown to have been acting with both a) negligence and b) malice. The libelous party has a clearly written intent a) to put libeled parties out of business b) to continue that activity. There are indications that the libelous party may seek to profit from the activity. The libelous party has cohorts engaged in similar activity which makes the case for punitive damages to deter others even stronger.

PROBLEM: As with many libel cases, the actual damages are very real but impossible to monetize since potential customers turned away by the libel cannot be documented.

The libelous party resides in Massachusetts which does not allow for punitive damages for libel. The libeled party is based in California.

QUESTION: Can the cause of action be brought in a state other than Massachusetts where the libelous party lives? (The libel is published on a website hosted by a California based company). If so, what's the realistic expectation of being able to compel the party to appear in that state? Will a judgment in another state be enforceable in Massachusetts in so far as any necessary liens, garnishments, etc. And if so, what then is the best state to bring such a case in, specifically as it pertains to the awarding of punitive damages?

(Some states don't allow punitive for libel. Some that do require bifurcated trials, separating trial for actual damages from the trial for punitive damages. Some that do allow punitive require that 100% go to the state rather than the aggrieved party, others, a different percentage to the state, etc.)

Any help is greatly appreciated!
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Old 09-03-2007, 04:48 PM
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I can understand that this is a stressful situation for you. I would suggest that you may want to post this under personal injury as well. Internet law can complicate matters such as these. I would suggest that the best thing for you to do would be to consult with an attorney to discuss your options. You can locate one through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.
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