Legal Question in Civil Litigation in New York

Slander suit

I have a sibling who has a serious drinking problem.I have terminated all contact with this sibling long ago and yet she continues to harass me and my family with serious lies and false stories.After many years of just ignoring her and her craziness, I simple have had enough.The last story she spread was that I have lost custody of my child due to abuse- which I can assure you is not true at all.My husband and I need a way to stop her and we are hoping that the embarrassment of a slander suit may be our only recourse.I know it may seem extreme but we simple are at our wits end.I worry about people actually believing the craziness she tells them and how I am now viewed as a parent. Do I need a lawyer to sue her or can I / should I do it on my own? I am very much in need of advice on this matter.I thank you in advance for any and all information you will share with me.


Asked on 9/27/04, 1:31 pm

2 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Slander suit

I disagree with the attorney who previously responded. A monetary result is not the only type of relief that people attempt to obtain in court. A permanent injunction or restraining order is also available to you. The process, however, is not entirely easy for a layperson to handle. It will be necessary for you to go to the clerk's office in the Supreme Court in your county and tell him that you want to start a lawsuit without a lawyer. The clerk's office may have some forms you can use or you may be directed to somewhere where you can obtain them. You can sue for both monetary relief and a restraining order - you do not have to choose only one. Having an order from the court to show other people may help to maintain your reputation and may be sufficient to stop your sibling from continuing her misconduct.

Of course, you can retain a lawyer to handle the matter for you. Because it is not likely that you could obtain a significant monetary award, lawyers will not be willing to handle your case on a contingency basis. This means that you must pay a lawyer for each hour that he works on the case - a very expensive proposition! Another method would be to hire a lawyer to guide you through the process and prepare some of your paperwork. Since the lawyer will not be going to court, etc., the legal fees can be limited.

Our office has provided similar services via e-mail and telephone with credit card payments. However, since we are in Manhattan, our hourly rate is somewhat high - $350 per hour. A local attorney may be willing to work with you, on the limited basis that I have described, at a lower rate. If you wish to retain our office, please feel free to call (212) 267-7000.

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Answered on 9/29/04, 8:21 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Slander suit

You could do it on your own just as you can do a root canal to yourself. In any case unless your sibling has a huge amount of personal assets a lawsuit of this nature is probably a waste of time. If you know about the drinking problem, you can be assured that any body your sibling is spreading the lie to is aware of it as well. You are better off not wasting your time.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 9/28/04, 12:34 pm


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