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Old 08-02-2017, 10:23 AM
 
Location: Texas
5,849 posts, read 6,221,015 times
Reputation: 12332

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Good for her. With the power of social media, and the ability for things to go viral almost instantaneously, a business can suffer immediate and devastating consequences based on a disagreement with a customer/client. That's all well and good as long as claims are truthful or merely expressing opinion, but this case appears to be one based on falsehoods and harassment.

This is a potential problem for anyone whose livelihood is dependent on their reputation, including licensed professionals. There was a case in Houston recently of a prominent surgeon winning an award against the health system he formerly worked for after they undertook a smear campaign against him.

I'm glad to see individuals and small businesses fighting back.
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Old 08-02-2017, 10:25 AM
 
Location: Connecticut
5,104 posts, read 4,862,588 times
Reputation: 3636
Quote:
Originally Posted by BigDGeek View Post
Prediction: They'll file for bankruptcy. They'll most likely be able to keep the house they own but if I was that photog I'd be trying to slap a lien on it as soon as county offices open.
In most circumstances a primary residence is protected from bankruptcy. A secondary residence such as a vacation home is not.

Also, in most jurisdictions a lien can only be placed on a property after obtaining a valid judgement from a court. If the plaintiff already has that judgement the lien process can be sped up, but the defendant will still have a chance to appear in court and seek another arrangement such as a payment plan. Liens are usually the last resort.
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Old 08-02-2017, 10:30 AM
 
5,886 posts, read 3,240,318 times
Reputation: 5548
This couple deliberately defamed a woman and ruined her business: they conceived and executed a complex scheme of media activities to engage in the blatant conduct of defamatory communications and tortious interference.

I think justice was served, but of course, its a hollow victory without the restitution.
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Old 08-02-2017, 10:37 AM
 
13,295 posts, read 8,514,534 times
Reputation: 31532
The greater lesson, learned after the fact is that libel, slander and defamation are anti bully laws. Made to protect citizens and business alike.

It behooves "adults" to think twice before opening ones mouth or writing untruths. It may already have a foot stuck in it.

As for the judgment- the couple is not going to be able to skirt the system by filing bankruptcy. The judgment takes precedence and most bankruptcy judges would see this tactic as further reason to deny that discharge of debt.
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Old 08-02-2017, 11:05 AM
 
Location: North Texas
24,561 posts, read 40,385,745 times
Reputation: 28565
Quote:
Originally Posted by MrGompers View Post
In most circumstances a primary residence is protected from bankruptcy. A secondary residence such as a vacation home is not.

Also, in most jurisdictions a lien can only be placed on a property after obtaining a valid judgement from a court. If the plaintiff already has that judgement the lien process can be sped up, but the defendant will still have a chance to appear in court and seek another arrangement such as a payment plan. Liens are usually the last resort.
Judgment Liens and the Texas Homestead

PROPERTY CODE CHAPTER 52. JUDGMENT LIEN

The plaintiff here has a judgment, so I would assume she's free to proceed with a lien if she wants to.

Full disclosure: IANAL. Obviously!
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Old 08-02-2017, 11:06 AM
 
Location: North Texas
24,561 posts, read 40,385,745 times
Reputation: 28565
Quote:
Originally Posted by Nov3 View Post
The greater lesson, learned after the fact is that libel, slander and defamation are anti bully laws. Made to protect citizens and business alike.

It behooves "adults" to think twice before opening ones mouth or writing untruths. It may already have a foot stuck in it.

As for the judgment- the couple is not going to be able to skirt the system by filing bankruptcy. The judgment takes precedence and most bankruptcy judges would see this tactic as further reason to deny that discharge of debt.
Reeeeeeeeeeeeeeeeeeaaaaaaaaaaaaaaaaaalllllllllllll lllllllllllllllllyyyyyyyyyyyyyyyyyyyyy.......

I like how the plot is thickening.

Do you know that for sure? Is that a state thing or a federal thing? I don't know much about bankruptcy other than that it hoses your credit for years to come.
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Old 08-02-2017, 12:14 PM
 
3,929 posts, read 2,964,551 times
Reputation: 6175
I thought I read the same thing somewhere that if you had a judgment against you and you owed money, you could not file for bankruptcy.
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Old 08-02-2017, 12:17 PM
 
18,567 posts, read 7,422,552 times
Reputation: 11388
Quote:
Originally Posted by Nov3 View Post
The greater lesson, learned after the fact is that libel, slander and defamation are anti bully laws. Made to protect citizens and business alike.

It behooves "adults" to think twice before opening ones mouth or writing untruths. It may already have a foot stuck in it.

As for the judgment- the couple is not going to be able to skirt the system by filing bankruptcy. The judgment takes precedence and most bankruptcy judges would see this tactic as further reason to deny that discharge of debt.
Your last sentence is completely wrong. However, given the jury's specific finding of malice (I know because I actually read the jury charge in the case), the debt should be non-dischargeable under section 523(a)(6) of the Bankruptcy Code.

Everything filed in the case is here:

https://courtsportal.dallascounty.or...kspaceMode?p=0
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Old 08-02-2017, 12:19 PM
 
2,607 posts, read 3,420,506 times
Reputation: 6161
I'm hoping that this comes back and really bites these two newlyweds in the a$$. I would like to see the online community and their neighbors start making their lives miserable because of their greediness. People like these $cumbags need to be exposed. Let the world know that you are not going to get away with bullying and dishonesty. Teach these people a lesson so that the next would-be extortionist thinks twice.

Ok online people, go out and get these people Andrew and Neely Moldovan.
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Old 08-02-2017, 12:20 PM
 
18,567 posts, read 7,422,552 times
Reputation: 11388
Quote:
Originally Posted by FluidFreedom View Post
I thought I read the same thing somewhere that if you had a judgment against you and you owed money, you could not file for bankruptcy.
That is completely wrong.
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