My ex has spread a lot of big lies about me for years. He has told that I have kidnapped our children and am hiding them from him, when the truth is that we have been living in the same town since years and he has had the address this whole time. In fact, he has not seen our daughter in 8 years.
He has also said that I ruined him in the divorce, because I got a far to big part of our estate since I fooled the judge. He claims he had to pay me $5,300,000,
I only got 11,000 so he his lie is a difference over 5 million.....
He hid the rest in another country back then and has since then invested it in a company. I never even asked for an increase in child support, since I knew that would make him fight for custody.
Do I have a case for defamation or is it too late? I found out 6 months ago.
Know that statements surrounding court proceedings are privileged, and not subject to a defamation lawsuit, but unclear whether these were or not.
Since this happened years ago you are probably out of time. Colorado statute of limitations on libel/slander is 1 yr. §13-80-103(1)(a)
It does not sound like the statute of limitations is your biggest problem. Defamation cases not only require that the statements be false - you must also prove your damages. Take all your information to an attorney who handles defamation cases and he or she will be able to tell if you have a claim worth pursuing.
The statute of limitations in Colorado is one year after the date the defamation was published or one year after a reasonable person exercising a reasonable amount of diligence would have discovered the defamation had been published.
Statements about judicial proceedings are protected under an absolute privilege if they were made during the course of the proceeding.
People who publish reports on these proceedings have a conditional privilege only so long as the reports are fair and accurate.
If you are seriously considering taking legal action, schedule a consultation with an attorney who has experience litigating defamation claims. The lawyer will be able to evaluate your facts, explain the relevant law, estimate your damages, determine who can be held liable, and give you advice about your legal options.
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