Can I sue for defation of character?

[Macpark]

What is the name of your state (only U.S. law)? Michigan

This guy with whom I used to be friends (and sometimes a sexual relationship) is spreading lies about me and ruining my reputation in the community. He is saying that I have an STD (AIDS, to be precise). This is NOT true, and I have medical documentation to prive it is false.

He's not saying I gave it to him, he's just saying that I am HIV positive which, again, is untrue.

The only substantial proof I have of this is an Instant Message he sent me using AOL Instant Messenger, in which he says that he is going to tell the entire community I have this disease. The people he has told this to do not want to get involved.

Can I sue him in small claims court? I don't really have money for a lawyer to take this to trial. I suppose I could go to a lawyer and have him write the guy a letter demanding he cease and desist.

What are my options?

P.S. I meant "defamation."

Thanks.

 

[quincy]

A question, Macpark:

Has your ex-friend, in fact, told others you have AIDS or are HIV-positive, or did he just indicate to you in a private message that he intends to tell others you have AIDS? Could you have, unintentionally, spread the lie that you have AIDS or are HIV-positive to others, when inquiring of them whether your ex-friend has said anything?

 

[The Occultist]

I have another question (and quincy will certainly be sure to correct the accuracy of such a question, but...): what damages have you suffered as a result of this pettiness?

 

[Macpark]

He wrote: You are HIV positive and everyone knows it and if they don't know it, they will soon enough.

As far as damages, he has caused me tremendous pain and suffering due to these false remarks, and I have been subjected to hatred, ridicule, and contempt.

I had a job interview with a friend of his, and once he knew who I was, he cancelled the interview.

 

[FlyingRon]

Nothing you've presented here indicates any actionable defamation. It might have occurred, but him saying he's going to, doesn't mean he did. Even if he did, the quote you gave doesn't provide sufficient proof.

Small claims is limited to $3000 in Michigan and I suspect highly that defamation actions aren't even going to warrant much consideration in small claims.

 

[quincy]

Hmm. So you have no solid proof that your ex-friend communicated anything about you having an STD to others? That complicates matters, as suspicions alone that he said something defamatory about you, or a communication to you alone of a threat to tell others something defamatory about you, will generally not be enough to support a defamation suit.

For a slanderous statement, you will want witness testimony to support the fact that what you claim was communicated by your ex-friend was, in fact, communicated to others. The message you received from him, while a threat, is not proof he carried out the threat. The fact that a friend of his cancelled a job interview with you is not proof that the interview was cancelled due to anything said about you having an STD. Any avoidance of you by his friends can be related to nothing more than their support of him and not you in whatever issues led to your relationship's demise.

As a note, a defamation action in Michigan cannot be heard in the small claims division of a district court (see MCL 600.8424), and you would be wise to have an attorney handle any defamation suit for you anyway. These are not inexpensive suits to pursue, however, so any action must be considered carefully. And, as another note, the statute of limitations for filing a defamation suit in Michigan is one year from date of first publication of the defamatory material.

Here is what you would need to pursue with any success a defamation claim in Michigan:

1. Proof that the defendant (your ex-friend) published a statement of fact to at least one other person besides you.
2. The statement that was published must be false.
3. The statement must be shown to be of and concerning you.
4. There must be the suffering of actual damages as a result of the statement (supportable by evidence) and/or demonstrated harm to your reputation (and a false statement that you have a sexually transmitted disease, especially one such as HIV or AIDS, would be defamatory per se and would presume reputational harm).
5. Proof that the defendant had knowledge that the statement when communicated was false or that the defendant acted with a reckless disregard for the truth or falsity of the statement (negligence), or that the defendant communicated his statement with bad faith or ill will (malice).

You can be awarded actual damages incurred as a result of the communication of a false and defamatory statement and you can be awarded exemplary damages for any increased injury to feelings attributable to the "sense of indignation and outrage" experienced as a result of the publication of a false and defamatory statement shown to have been made with malice (and a communication of a defamatory per se statement can indicate malice).

Your best and cheapest route to take may be with a cease and desist letter drafted by an attorney in your area and sent to your ex-friend, indicating that any false and defamatory statements that he makes or has made about you to others can and/or will subject him to a defamation suit. Whether you decide to follow through on any threat to sue by filing an action against him can be decided by you later (and preferably after consultation with an attorney who has had an opportunity to review all of the facts), if he ignores the cease and desist.

Good luck.