Legal Question in Civil Rights Law in Georgia

Never ending divorce...

This is exhausting,My husbands divorce finally ended and he was given all debt and the x's atty fees of 12k. 1) Her atty and herself lied in court about his x working. She was earning monies cleaning pools and not reporting it. We now have custody of his son and he said he helped her clean her attornies pool and his boss. How would you proceed in pursing that?

2)My husband has been angry as you can imagine with all the debt he got stuck with and tired of the ''snide'' comments and insults her atty made during the trials were unprofessional for an atty. (I read the entire transcript) When her atty sent the order for my husband to pay all it stated was 3 choices of pay immed., by a certain date and monthly. He pays monthly pymts & on the first ck to her atty he wrote in the memo section,''lying,crooked,dumbass atty''. Childish, but the atty wrote a ltr to my husbands atty saying it was written for intent of 3rd parties seeing it and he would persue ''defamation of character'' and accelerate the ''order to pay'' terms to due in full at once. There are no terms except to default if a pymt was not paid when due. No other terms are stated. Can he change this court order legally? Is it defamation on ck? Isn't that freedom of spch? Pls advise.


Asked on 5/12/05, 9:21 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Never ending divorce...

Whether the attorney may change the payment terms depends on the language of the court's order. Look to its language and make sure that the requested payment plan is what is contemplated by the order.

With regard to defamation, one of the elements is that the defaming language (or speech) must be published. So, if the check was simply deposited in the bank, you could make a pretty good argument that it was never published. Free speech is a civil protection against governmental action, not private actions by other citizens. There would be no defamation claims if free speech was a defense.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 5/13/05, 4:15 am


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