Generally the statute of limitation is one year from the date of defamation. That being said, it appears you need to speak with a lawyer in regards to the subpoena issues.
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In California, the statute of limitations for defamation is one year. This means someone would have one year to file a lawsuit for defamation (slander/libel) against you from the time the statement or statements are published.
The business cannot see who posted.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
In my opinion, it is not a good idea to state specific facts about your specific issue in a public forum on the internet. While I have not recently researched the current state of the law in CA, I would not expect a CA court would find an expectation of privacy in information shared in a public forum on the internet. It sounds like you need to search out an experienced attorney for confidential and personalized legal counsel and representation in the forum you are needing assistance. Either of the fine attorneys here would be an excellent choice or you could use the search function here on Avvo.
Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.
Just because avvo allowed the post, doesnt mean you cant be sued. The business could serve a subpena on avvo to determine the identitiy of the person who posted. One is allowed to give an opinion. While people can try to sue for anything, it doesnt mean they will be successful. Talk to a lawyer who defends defamation cases, and let the lawyer see what you posted.
1 year. A subpeona is a good idea, although it can potentially be quashed.
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