Can I sue for libel/slander in small claims?

[win81chenbun]

What is the name of your state?What is the name of your state? California

I have a problem with a friend who wrote me a bad check for $600 for money he borrowed and now refuses to pay. I sent him a letter stating if he did not pay me within 30 days I would take him to court. He became angry and threatened to get me fired from my job (I have a witness). I work for a cell phone company and before we had this problem I made several changes to his account, with his consent of course. After he received the letter, he called customer care and complained that I made those changes to his account without his permission. In fact, he also wrote a letter to the company stating the same thing. Needless to say I nearly lost my job of 4 years. In addition, the raise that I was supposed to receive got postponed for 2 months while the case was investigated. I estimate I lost about $700 in wages due to this, plus my reputation at work was severely damaged. In fact, I am still not certain that I won't get fired simply because being accused of tampering with someone's account is so serious at my work.

Does this qualify as libel/slander and if so, can I include it in my case in small claims?

 

[seniorjudge]

What is the name of your state?What is the name of your state? California

I have a problem with a friend who wrote me a bad check for $600 for money he borrowed and now refuses to pay. I sent him a letter stating if he did not pay me within 30 days I would take him to court. He became angry and threatened to get me fired from my job (I have a witness). I work for a cell phone company and before we had this problem I made several changes to his account, with his consent of course. After he received the letter, he called customer care and complained that I made those changes to his account without his permission. In fact, he also wrote a letter to the company stating the same thing. Needless to say I nearly lost my job of 4 years. In addition, the raise that I was supposed to receive got postponed for 2 months while the case was investigated. I estimate I lost about $700 in wages due to this, plus my reputation at work was severely damaged. In fact, I am still not certain that I won't get fired simply because being accused of tampering with someone's account is so serious at my work.

Does this qualify as libel/slander and if so, can I include it in my case in small claims?

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

 

[JETX]

Does this qualify as libel/slander

Technically, possible. But very hard to prove as he has the right to make a 'valid' complaint.... and the requirement would be on you to PROVE that he knew it was false at the time and that it was done to harm you.

and if so, can I include it in my case in small claims?

Simple answer.... no. Small claims court is to hear money issues only.

 

[win81chenbun]

???

Well is there any way I can get some money for this through small claims on top of the amount of the check?

 

[seniorjudge]

Well is there any way I can get some money for this through small claims on top of the amount of the check?

You can sue in small claims for actual and direct money damages only.

How much (in dollars) did you lose? Your post says $600. So, that is what you sue for (plus interest).

 

[win81chenbun]

???

I looked through that self-help website and I couldn't find information on calculating the interest. Can you give me some information?

 

[seniorjudge]

I looked through that self-help website and I couldn't find information on calculating the interest. Can you give me some information?

The legal rate of interest on a judgment can be found here (I hope!):

www.courtinfo.ca.gov/forms/fillable/mc012.pdf

 

[JETX]

I looked through that self-help website and I couldn't find information on calculating the interest. Can you give me some information?

Actually, the REAL answer is... you don't sue for post-judgment interest. Statutory interest is automatically included to the judgment by the court. And you don't have to calculate it. The court/sheriff will when serving the post judgment process (garnishment, execution, etc.).

If you really want to know how to calculate post-judgment interest, go to: http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectintro.htm#computeinterest

And the statutory interest in California is Judgment:10% (Unless otherwise contracted).