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Jalisco (mexican) Law On Civil Defamation.

Defamation Law Discussion Forum

Jalisco (mexican) Law On Civil Defamation.

Postby Kerri » Thu Nov 24, 2016 4:42 am

I have live in Jalisco since July 2004 and understand that defamation has been decriminalized; I would like to know if there is still a civil Cause of Action for defamation. Further, civilly, is it true that truth is not a defense to defamation? What damages can be recovered?

Thirty-seven years ago, I was disbarred in the U.S. and placed on probation for a non-violent crime; the charges were dismissed after I had done a term of probation.

Now(May 2009) a man wrote an email to my real estate salesperson who listed my house saying I was disbarred, convicted of a felony(no, misdemeanor) and served time in prison(no, given probation). The sender had actual malice toward me when he sent the email.

Do I have a case?

Thanks.

ANSWER: Before anything else, thanks for writing me at AllExperts.com

Yes, you have a case. And yes, is under Civil Law.

Recover damages depends of specific case. You need contact a local Attorney for explaining all that and file your case. Attorney may explain you the best way for your case. Amounts depends of his financial status and your specific damages. Sometimes reaches a couple of million in pesos. But you must explain the case, get proofs, witnesses and a good strategy.

Any doubt or another question, let me know it please.

Thank you very much for visiting me at AllExperts.com  

---------- FOLLOW-UP ----------

I am told that before I can file a civil action for defamation it must first be established as a criminal felony. I do not believe this since I know in Mexico, defamation has been mostly decriminalized.

Can a civil defamation action be filed without there being a criminal case made?

Thank you.

ANSWER: Before anything else, thanks for writing me at AllExperts.com again.

Yes, is possible. No problem.

Any doubt or another question, let me know it please.

Thank you very much for visiting me at AllExperts.com again.

---------- FOLLOW-UP ----------

If I have a good translator and know Mexican law(I am a former attorney so understand procedures somewhat), am I allowed legally to represent myself?

Thank you.
Kerri
 
Posts: 40
Joined: Tue Jan 28, 2014 11:17 pm

Jalisco (mexican) Law On Civil Defamation.

Postby Alcander » Thu Nov 24, 2016 7:29 am

Before anything else, thanks for writing me at AllExperts.com one more time.

Yes, of course. Is your right. If you have a good translator, no problem.

Any doubt or another question, let me know it please.

Thank you very much for visiting me at AllExperts.com one more time.  
Alcander
 
Posts: 48
Joined: Mon Jan 06, 2014 10:03 am


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