I was recently retained to execute on a domesticated foreign judgment awarded in favor of my clients for defamation and damages. The defendant is basically uncollectible, however, my clients had me obtain a writ of execution and execute on all computers and communication devices in possession of the defendant in an effort to ‘silence’ her defamatory statements. Naturally, once that was completed, the defendant found access to new communication devices and has gone on a defamatory rampage against my clients.
What’s frustrating is that the defendant continues to defame my clients on the Internet, obviously finding access to new computer devices after our executing on a judgment and having the sheriff seize all of her communication devices. Even though my clients obtained a restraining order which applies to all fifty (50) states, the sheriff and state attorney in the respective Florida county have refused to enforce same. Instead, we are now seeking an order holding the defendant in criminal contempt for violating the terms of the final judgment which included that the defendant would cease and desist from further defamation and from contacting my clients, which she has done as well.
The defendant has also been threatening bankruptcy claiming that she can have the judgment discharged. However, a judgment for defamation which by its nature is done to cause injury to another will unlikely be discharged under the bankruptcy code. With a specific finding of facts within the judgment of defamation, it will be difficult for the defendant to obtain the discharge she seeks.
