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Getting sued for what you say on a messageboard
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<blockquote data-quote="Storm Raven" data-source="post: 97078" data-attributes="member: 307"><p></p><p></p><p>Let me answer this as a practicing lawyer. I will note that I am not offering legal advice to anyone, the statements I make here are for informative and educational purposes only.</p><p></p><p>Virginia does at least. Actually, most states allow this, especially for out of state defendants. The typical methodology is that you provide the best address you can find for the defendant, and submit the certified letter to the Secretary of State for your state (in Virginia this is called the Secretary of the Commonwealth), who then certifies that they have received it, and mails it to the defendant. The receipt from the certified mail tracks who received the notice an when. This is one of the most common way for corporations from different states to initiate suits against other corporations, so it does not surprise me that this would be used in this circumstance.</p><p></p><p></p><p></p><p>In a default judgment, no facts are presented. All allegations made by the plaintiff are uncontested and do not need to be supported with evidence other than affidavits from the complaining witnesses. I assume that in this case the plaintiff corporation submitted affidavits from the officers of the corporation supporting its case and copies of the relevant documents when it filed the initial complaint. Since there was nothing refuting this material, it is unchallenged evidence and a judgment will be granted.</p><p></p><p></p><p></p><p>Perhaps, but we won't know that since he didn't defend the suit.</p><p></p><p></p><p></p><p>I don't know what grounds he might appeal on, since you must have a reversible error of fact that was objected to at the time of the suit in order to have grounds for appeal. I suppose he could make a personal jurisdiction issue out of it, but service is not a jursidictional issue and he would be best off waiting until they tried to enforce the judgment in his home state if he is out of state, and contesting on that basis.</p><p></p><p>As to the service issue itself, he probably will have a hard time making that case. Most courts won't grant a judgment by default unless the plaintiff shows on the record that he has followed the procedures for serving the defendant and has evidence that the defendant has been properly served. In point of fact, since the default period doesn't <em>begin</em> to run until the certificate of service is on file with the court, there has to be some evidence in that case file that shows the defendant got the material, or had constructive notice of the material.</p><p></p><p>In Virginia you can ask for reconsideration within 21 days of the issuance of an order, but that may have elapsed, and it is entirely discretionary with the judge as to whether to allow that or not.</p><p></p><p></p><p></p><p>Not necessarily. Telling lies even with benign intent can lead you to trouble if your statements are falsehoods.</p></blockquote><p></p>
[QUOTE="Storm Raven, post: 97078, member: 307"] [B][/b] Let me answer this as a practicing lawyer. I will note that I am not offering legal advice to anyone, the statements I make here are for informative and educational purposes only. Virginia does at least. Actually, most states allow this, especially for out of state defendants. The typical methodology is that you provide the best address you can find for the defendant, and submit the certified letter to the Secretary of State for your state (in Virginia this is called the Secretary of the Commonwealth), who then certifies that they have received it, and mails it to the defendant. The receipt from the certified mail tracks who received the notice an when. This is one of the most common way for corporations from different states to initiate suits against other corporations, so it does not surprise me that this would be used in this circumstance. [b][/b] In a default judgment, no facts are presented. All allegations made by the plaintiff are uncontested and do not need to be supported with evidence other than affidavits from the complaining witnesses. I assume that in this case the plaintiff corporation submitted affidavits from the officers of the corporation supporting its case and copies of the relevant documents when it filed the initial complaint. Since there was nothing refuting this material, it is unchallenged evidence and a judgment will be granted. [b][/b] Perhaps, but we won't know that since he didn't defend the suit. [b][/b] I don't know what grounds he might appeal on, since you must have a reversible error of fact that was objected to at the time of the suit in order to have grounds for appeal. I suppose he could make a personal jurisdiction issue out of it, but service is not a jursidictional issue and he would be best off waiting until they tried to enforce the judgment in his home state if he is out of state, and contesting on that basis. As to the service issue itself, he probably will have a hard time making that case. Most courts won't grant a judgment by default unless the plaintiff shows on the record that he has followed the procedures for serving the defendant and has evidence that the defendant has been properly served. In point of fact, since the default period doesn't [i]begin[/i] to run until the certificate of service is on file with the court, there has to be some evidence in that case file that shows the defendant got the material, or had constructive notice of the material. In Virginia you can ask for reconsideration within 21 days of the issuance of an order, but that may have elapsed, and it is entirely discretionary with the judge as to whether to allow that or not. Not necessarily. Telling lies even with benign intent can lead you to trouble if your statements are falsehoods. [/QUOTE]
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