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#204120 - 03/13/07 02:05 AM Can writing mean/nasty letters hurt you in court?
100kay Offline
journeyman

Registered: 09/22/04
Posts: 61
I'm the one who always bites the bullet and takes the lick to keep my kids from seeing the venom between their parents. Problem is now ex and his spouse have gotten comfortable with throwing rocks and getting away with whenever they feel like it.

Well court day is coming up to modify childsupport (1st modification since it was first set 15 yrs ago) and I got a letter from them that I could really go off about. I am ready to pay these wicked clowns back for 15 yrs of grief and writing is my best mode of expression.

But I'm wondering if what I write is brought out in court, it will cause me to look bad. You know like kids in school. The bully hits the weakling.

The teacher turns around just in time to see the weakling knock the bully's lights out and the weakling gets the punishment.

I have to reply to the letter but my first mind tells me to just stick to the facts and ignore all the crap and innuendos. But I am so angry and tired!!

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#204121 - 03/13/07 02:38 AM Re: Can writing mean/nasty letters hurt you in court? [Re: 100kay]
jil_stevens Offline
Carpal \'Tunnel

Registered: 08/01/06
Posts: 3893
You are right...stick to the facts and ignore the crap. Nasty letters make you look unreasonable and will look bad. Wait until you are not angry or tired and then write the response:)

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#204122 - 03/13/07 02:46 AM Re: Can writing mean/nasty letters hurt you in court? [Re: jil_stevens]
Dee78 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 11820
Loc: TN
Yeah, never say anything in writing that you'll regret. But feel free to post it here if it makes you feel better to get it all out. Then respond to the facts and leave out the emotion.

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#204123 - 03/13/07 03:34 AM Re: Can writing mean/nasty letters hurt you in court? [Re: Dee78]
100kay Offline
journeyman

Registered: 09/22/04
Posts: 61
Dee & Jil, thanks.... I guess I've always known a cool head is better but this thing has dragged out 4 yrs and my nerves are shot.

3 years ago I sent a letter to a person I 'thought' would help me with discovery because he had personal knowledge of ex's income; but instead of helping me he gave the letter I wrote to the ex. Now ex is venting at me for contacting the guy.

I don't really care about that because all I did was ask for his help to aid me in my c/s case. Ex is screaming libal but I don't think that will hold water.

As far as I know, libal means telling lies about someone, correct? I asked for information about his income to support my c/s case - - no lies. I'm sure he will bring this up.

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#204124 - 03/13/07 03:41 AM Re: Can writing mean/nasty letters hurt you in court? [Re: 100kay]
jil_stevens Offline
Carpal \'Tunnel

Registered: 08/01/06
Posts: 3893
Libel is printing information that you know to be false. If all you did was ask for information, then there wasn't any libel. He's just blowing smoke.

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#204125 - 03/13/07 03:42 AM Re: Can writing mean/nasty letters hurt you in court? [Re: jil_stevens]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
one also has to prove money damages on libel

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#204126 - 03/13/07 03:44 AM Re: Can writing mean/nasty letters hurt you in court? [Re: katiefedup]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
One can say or write that I am the worst parent or teacher, but unless their actions can be proven wrong AND I can show a $$$$ loss, I am out of luck. It becomes opinion.

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#204127 - 03/13/07 03:45 AM Re: Can writing mean/nasty letters hurt you in court? [Re: katiefedup]
jil_stevens Offline
Carpal \'Tunnel

Registered: 08/01/06
Posts: 3893
Not necessarily...

1. Law. a. defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.
b. the act or crime of publishing it.
c. a formal written declaration or statement, as one containing the allegations of a plaintiff or the grounds of a charge.

2. anything that is defamatory or that maliciously or damagingly misrepresents.
–verb (used with object) 3. to publish a libel against.
4. to misrepresent damagingly.
5. to institute suit against by a libel, as in an admiralty court.


The verbal is excluded from libel because that is considered slander :)

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#204128 - 03/13/07 03:46 AM Re: Can writing mean/nasty letters hurt you in court? [Re: jil_stevens]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
Write the letter if it'd make you feel better , just don't mail it . A beneficial outcome in court trumps any temporary satisfaction you'd receive by mailing it .
_________________________
Careful. We don't want to learn from this.

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#204129 - 03/13/07 03:48 AM Re: Can writing mean/nasty letters hurt you in court? [Re: jil_stevens]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
yes I agree, but we do have the freedom of speach and print in this country...
If someone said I was a sex offender and I was fired, then it becomes court active.

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