Legal Question in Business Law in Indiana

Settlement after small claims

About a year ago, I was sent a small claims notice for non payment. I sent in payment and the judgement was cleared. (I'm sure that is not the proper terminology) Now, I found out that she has recently posted on ripoffreport dot com and her post is very libelous. Can she bring it back up and can she be a part of a class action (that is what she is trying to do)?


Asked on 4/18/07, 9:43 am

2 Answers from Attorneys

Re: Settlement after small claims

You should have obtained a release at the time of paying off the judgment. If the class action is for the same allegations that were in her small claims case, you will be able to dismiss her claim.

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Answered on 4/18/07, 10:28 am
C. David DuMond Law Offices of David DuMond

Re: Settlement after small claims

The webmaster for the ripoffreport.com site should be advised to immediately remove the libelous post or suffer severe legal consequences. Before considering a lawsuit for libel, you want to make sure you can collect a judgment, if you succeed, or that you really don't care about money but want exoneration. Many lawyers will cheerfully accept a fee to provide you with exoneration. As for the paid judgment, that will operate as a bar to any further proceeding by this person against you, including a class action (which sounds a litte far-fetched), so ask a judge to dismiss all further claims against you, if any are made. Good luck.

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Answered on 4/18/07, 11:19 am


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