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to post a message: login - or - register | search messages | show all replies



[+] Lets talk Tech - Wendi See/SC (14 replies)
6/14/2007 11:10:30 AM (3008 views)

[+] Filing judgments against non-paying clients - Danielle Nelson/WI (8 replies)
6/13/2007 12:40:01 PM (3059 views)

[+] See Your Place From Space - David Bloys/TX (7 replies)
6/12/2007 1:31:47 PM (4089 views)

[+] non-paying "Client" - Tempie Elder/TX (10 replies)
6/12/2007 1:28:43 PM (3396 views)

Roberts Blog - Wanda Steudel/OH
6/12/2007 1:24:49 PM (2571 views)




[+] Title Search USA - Don Sedy - Danielle Nelson/WI (10 replies)
6/11/2007 5:52:25 PM (4578 views)

[+] Jeffs Polygamists Move To Texas - David Bloys/TX (4 replies)
6/10/2007 5:56:33 PM (4141 views)

County Judge Declares County's Assessment System Unconstitutional - Scott Perry/PA
6/9/2007 1:38:55 PM (3946 views)

[+] First American Title Insur Co faxes - marilyn snyder/FL (9 replies)
6/8/2007 11:58:58 AM (3440 views)

[+] Source of Title ... a term of art? - Ron Meharg/GA (5 replies)
6/8/2007 8:26:29 AM (3253 views)

[+] How would you charge this... - J Nisonger/CA (4 replies)
6/7/2007 11:16:58 PM (3168 views)

[+] Title Software? Need Advice - Mohammad Ali/FL (1 reply)
6/5/2007 4:32:57 PM (3115 views)

[-] LENDER SERVICES DIRECT INC. - ECENTENO/NV (27 replies)
6/5/2007 12:29:05 PM (4772 views)
Re: LENDER SERVICES DIRECT INC. - george Hubka/MI
6/5/2007 1:34:50 PM (5143 views)
Re: LENDER SERVICES DIRECT INC. - Alix Ott/MI
6/6/2007 10:01:51 AM (5153 views)
Re: LENDER SERVICES DIRECT INC. - unknown/CA
6/6/2007 11:01:20 AM (5262 views)
Re: LENDER SERVICES DIRECT INC. - Robert Franco/OH
6/6/2007 2:12:28 PM (5184 views)
Re: LENDER SERVICES DIRECT INC. - KS/IN
6/6/2007 3:42:50 PM (5150 views)
Re: LENDER SERVICES DIRECT INC. - Kevin Ahern/CT
6/6/2007 6:56:00 PM (5180 views)
Re: LENDER SERVICES DIRECT INC. - Scott Perry/PA
6/6/2007 2:18:06 PM (5040 views)
Re: LENDER SERVICES DIRECT INC. - Loretta Reed/MD
6/6/2007 9:43:42 PM (5169 views)
Re: LENDER SERVICES DIRECT INC. - JOSEPH MARTINEZ/NM
6/11/2007 6:05:12 PM (4977 views)
Re: LENDER SERVICES DIRECT INC. - J Nisonger/CA
6/14/2007 7:52:56 PM (6592 views)
Re: LENDER SERVICES DIRECT INC. - Scott Perry/PA
6/15/2007 4:30:34 PM (4828 views)
Re: LENDER SERVICES DIRECT INC. - Lori Cassidy/CT
6/11/2007 9:22:31 AM (5218 views)
Re: LENDER SERVICES DIRECT INC. - JOSEPH MARTINEZ/NM
6/11/2007 6:13:16 PM (4862 views)
Re: LENDER SERVICES DIRECT INC. - JOSEPH MARTINEZ/NM
6/11/2007 5:57:09 PM (4969 views)
Re: LENDER SERVICES DIRECT INC. - Leroy Jenkins/AZ
6/12/2007 6:26:28 PM (4920 views)
Re: LENDER SERVICES DIRECT INC. - Scott Perry/PA
6/12/2007 6:41:37 PM (5389 views)
Re: LENDER SERVICES DIRECT INC. - Leroy Jenkins/AZ
6/12/2007 6:52:00 PM (5329 views)
Re: LENDER SERVICES DIRECT INC. - Scott Perry/PA
6/12/2007 7:37:28 PM (5050 views)
Re: LENDER SERVICES DIRECT INC. - Leroy Jenkins/AZ
6/12/2007 7:52:24 PM (5192 views)
Re: LENDER SERVICES DIRECT INC. - Loretta Reed/MD
6/12/2007 9:59:19 PM (5338 views)
Re: LENDER SERVICES DIRECT INC. - Scott Perry/PA
6/13/2007 7:05:14 AM (5340 views)
Re: LENDER SERVICES DIRECT INC. - Loretta Reed/MD
6/13/2007 7:58:52 AM (5053 views)
Re: LENDER SERVICES DIRECT INC. - Kevin Ahern/CT
6/13/2007 9:06:54 AM (5001 views)
Although his post should have been expressed more clearly, essentially he is right. If sued for defamation the defendant can assert the defense of TRUTH. A truthful statement is not defamatory, but both sides have a burden of proof to sustain.  Asserting that defense is not going to stop the suit. It only establishes an argument for the defendant to avoid liability.

At trial the plaintiff is charged with the burden of establishing a prima facie case of defamation. At the conclusion of his case in chief the defendant will move to dismiss the case for failure to sustain his burden of proof. If the Plaintiff has borne his burden the motion will be denied, and the buden of proof is shifted to the defendant to establish his defense that the statement he made was truthful. The rest is a matter for the trier of fact (judge or jury) to decide.

Defamation suits are messy. I represented a plaintiff in one several years ago. Depending on the scope of the statement made by the defendant, he is permitted wide lattitude in discovery (depositions, interrogatories, request for production of documents and requests for admissions) to prove his defense. In my case my client was required to produce a 164 cartons of documents. Ultimately the defendant could not make any sense out of them, and wound up paying a $50,000.00 settlement to terminate further litigation.to post a reply: login - or - register


Re: LENDER SERVICES DIRECT INC. - Loretta Reed/MD
6/13/2007 10:57:19 AM (5310 views)
Re: LENDER SERVICES DIRECT INC. - Kevin Ahern/CT
6/13/2007 11:25:44 AM (4918 views)
Re: LENDER SERVICES DIRECT INC. - Leroy Jenkins/AZ
6/13/2007 1:17:11 PM (4745 views)
Re: LENDER SERVICES DIRECT INC. - Chris/SC
7/16/2007 11:06:56 AM (4893 views)

[+] paying as they close loan - ks/IN (10 replies)
6/4/2007 1:17:01 PM (3274 views)

[+] Ricter Abstract will not pay - Dan Zook/NY (14 replies)
6/1/2007 3:09:41 PM (3529 views)


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