Fake email address in libel and defamation accusation?

Asked about 1 year ago - New York, NY

I am being wrongfully sued for defamation of character because someone opened an email account in my name and made statements on my behalf from the email account. I had no knowledge of the matter until I got served with the papers. The person happens to be a close friend of mine. What should be my defense in the answer to the verified complaint?

Attorney answers (5)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It depends upon the nature of the statements allegedly made. It may be a motion to dismiss. It may be an answer with a denial.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need a lawyer. The email company needs to be subpeoned for information on what computet was used to create the email account.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    2

    Lawyers agree

    Answered . An Answer to a complaint MUST contain "affirmative defenses" which, if omitted, can wind up being waived. No attorney on AVVO can tell you what, or which, defenses to include without reviewing the complaint and knowing all details, aside what you have presented. If you have homeowner's or renters insurance, you should notify the carrier as you may be able to get coverage for this action, which will then provide you with a defense and indemnity against the claim. If you do not have insurance, retain an attorney immediately. Defamation actions are highly technical and you will not be able to properly defend yourself. Be aware, an Answer to the complaint has to be served within 20 days of the date you were personally handed (served) the complaint and within 30 days if there was "substituted" service on you - so time is of the essense.

  4. Brian Curtis Pascale

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You would make a motion to dismiss most likely. Hire an attorney immediately.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . A local lawyer can answer the complaint and subpoena your internet service provider

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