Legal Question in Business Law in Texas

Defamation and Free Speech

Hello,

A company located in Texas is threatening to sue me for writing about my experiences with the company on my website and in my newsletter. They are threatening to sue me for financial losses, lawyer fees, damage to their reputation etc.

They also claimed the information was false. I severly edited/removed the information after receiving the 1st Cease & Desist letter. Recently I received a 2nd letter stating that they are still unhappy with what I left on my website. You can see what I wrote about them at:

(please remove the URL if you post this on the BBS).

I am located in Canada, and am only 15 years old. What can I do? What can they do to me?


Asked on 2/07/99, 9:05 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Defamation and Free Speech

If what you said is true, that is a defense and you will ultimately prevail. As for what you can do and what they can do to you, if you are sued, you will likely need to hire a lawyer. If you were a typical 15 year old in Texas, who lives with his parents and has no appreciable assets, then your worries about suit would be minimal, as you could always take bankruptcy to wipe out any judgment. As I know no Canadian law, I cannot advise you on the effect on you as a Canadian if you lost the suit. I would like to look at the material that originally offended the company, the letters from them and the current material which still offends them. Feel free to email me.

Joseph A. McDermott, III

Attorney at Law

2929 Allen Parkway, Suite 2470


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Answered on 2/08/99, 10:50 pm


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