I am considering filing a lawsuit against an individual in Michigan who has routinely went out of their way to track my activities (online and in person), wrote false information via text messages, emails and social networking to my spouse, lied verbally to my family members, and continues to harass me. I do have A LOT of proof to show that all of the claims this person has made about me and everything they have said about me is not true. I know that "truth is the biggest obsticle with proving defamation" However, I have never done anything this person claims- and I have SOLID proof.
So my questions are...
Would this be a case filed in California or Michigan ( I live in CA, the other person lives in MI) ?
Are there any lawyers who work on a contingency basis for these types of lawsuits? (Seeking $30+k in lawsuit, grounds based upon emotional distress and loss of wages)
Personal Injury Lawyer
Most defamation lawyers want an upfront retainer of at least 5k, which will probably be used up in a week or two, and could be very expensive. Might be better to just have a Michigan lawyer send a cease and desist letter.
The answer does not create an attorney-client relationship and is for informational purposes only.
Only 29% fee deducted.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Family Law Attorney
Jurisdiction in cases that involve interstate electronic communication can be tricky and are very fact dependent. Between California and Michigan, my gut tells me that it should be filed in California, but again that could easily change depending on the situation.
I also agree that you're unlikely to find a lawyer who'd want to take this case on contingency. Most lawyers understand that people can't afford to pay hundreds of dollars per hour, but no case is ever a slam dunk and most lawyers don't want to bear the risk. You're most likely going to need to pay at least a few thousand dollars initially.
Sorry. Hope that helps.
The answer provided above is based upon California and/or New York law and is based solely upon the limited information provided by the poster. No attorney-client relationship is created. A future in-person consultation may reveal additional facts that may change the answer provided.
Personal Injury Lawyer
I agree with the two prior attorneys who responded. California is a better location to file as your damages (injury from the defamation) would be proven in CA.
The worst that could happen is that the case gets kicked to a California Federal Court.
While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.
Divorce / Separation Lawyer
File your lawsuit in California where you reside and where you have likely suffered a loss of reputation (damages). Have a process server serve the lawsuit in Michigan on the defendant.
Check Civil Code section 47 as the defendant will almost certainly raise some aspects of the statute as a defense.
While filing a defamation lawsuit in California may be convenient for a California plaintiff, generally speaking California's strong protection of public speech (including Internet speech) exposes defamation plaintiffs to sanctions ("anti-SLAPP" defense motions) that could be costly. If you decide to find a lawyer, be sure the lawyer is aware of the anti-SLAPP exposure.
This answer is not a substitute for legal advice and it does not create an attorney-client relationship. Seek the advice of a licensed attorney before taking any action that may affect your rights