As a former elder, I was always afraid of being sued.
Suggestions For Taking The Elders And/Or Society To Court
by minimus 16 Replies latest jw friends
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AlanF
: Anyone know if it would work? Anyone tried it?
Yes and yes.
Ten years ago my JW wife and I divorced. I had been inactive for most of the preceeding 16 years. Eventually the elders called and told me they wanted to meet with me to talk about "keeping the congregation clean" because I had hooked up with my present wife. I told them to go take a hike; it was none of their business since I had never been a member of their congregation (I was inactive when I moved into their territory and certainly never requested that any files on me be transferred). Next day, I called up one elder and told him essentially what's in Nicolau's letter, except that my threat to sue them for slander was not so explicit. I told the guy something like, "I'm no threat to any JWs around here, and I want you to leave me alone. If you leave me alone, I'll leave you alone. If I find out that you or any other JW in a position of authority has been speaking to other JWs about my status as a JW or lack thereof, or if you take any action that results in slander against me, I will take all legal action against you necessary to protect my good name in the community. Do you understand what I'm telling you?" He said, "Yes. We'll leave you alone." And that was that.
I also know of a couple of other cases where a letter like Nicolau's was sent, and the person had no further harassment. However, I've heard of one case where such a letter did no good. Much depends on you, and how the elders perceive you, and whether you've got a fanatical elder on your tail. Most will not want to go through the hassle, so long as they don't perceive you as a threat. And remember this: the Watchtower Society will not provide overt legal assistance to an elder who violates such a demand, since it needs to maintain the fiction that it has no influence over the decisions made by local Bodies of Elders. The provision of overt assistance would come out in court, and tend to invalidate that claim. Elders are well aware that they're on their own.
AlanF
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jeanniebeanz
Seems like it'd be well worth a shot then. Do you think that people don't write the letter because they don't know about, it or because they just fear it won't work?
If I had known about that tactic, I'd have tried it. Too late now, I'm sure. Wonder if you could sue for alienation of affection? Those lawsuits have been known to work in other situations...
J
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minimus
What TYPE of lawyer takes his case???
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Mulan
I know a woman who sent a very similar letter to the one quoted above. They took it as a disassociation letter, even though she said it was not. They way it is worded, makes it plain that you don't want any contact with them, which is tantamount to taking yourself out of the religion.
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minimus
gOOD POINT mULAN!
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minimus
If elders are really "on their own", then why not simply take them to court anytime they harrass us?