Ex-Cash4Gold employee Vielka Nephew filed a motion to vacate the default in the company’s lawsuit against her this week, a lawsuit we’re a party to. By getting rid of the default she would then be able to defend herself in the lawsuit and to seek to undo the default injunction which Cash4Gold had obtained against her. One highlight of Nephew’s legal papers is the declaration attached as Exhibit C, in which she says Cash4Gold’s lawyers told her the company would seek jail time for her and Michele Liberis if the statements Liberis posted on the internet about the company — which Cash4Gold alleged to be false and defamatory – were not removed. Here’s what Vielka declared:
In our conversation, I explained to the lawyer that I was confused about the lawsuit because it was based on comments I had nothing to do with. He suggested that I should speak with Michele Liberis and urge her to remove the comments about Cash4Gold from the internet. I insisted that I was confused by the lawsuit because it had nothing to do with me. He said the best thing for me to do would be to convince Michele Liberis to remove the comments she had posted. He stated his client was willing to seek jail time for me and Michele Liberis if the internet comments were not taken down.
Likely what Cash4Gold’s lawyer referred to was the potential for a contempt of court order for not complying with the directives of the injunction. While possible, it’s unlikely the court would have gone along with it, but how would Nephew, who was not represented by counsel at the time, know that? Another classy move for Cash4Gold.
Read the whole motion here. (PDF) Cash4Gold will have to file their opposition to the motion shortly.