Is this really a case or just a threat?

[jolly808]

I was recently sent an email stating "If you continue to pursue the intentional and purpose filled venture of defaming my character and my business when you were not wronged in any way than I will have no choice but to commence legal action against you. I personally receive free legal counsel and will begin the process of legal proceedings immediately." I have been doing research on defamation laws and so far the only real indication of actual defaming I found was if false accusations were made. If everything that I had written in my complaint and review was true then is it defamation?

 

[justalayman]

nobody knows what complaint and review you are speaking of so how is anybody to guess about anything?


Even if there is no valid suit doesn't mean you won't get sued. Some people enjoy filing suits simply as a form of harassment of others.

 

[quincy]

I was recently sent an email stating "If you continue to pursue the intentional and purpose filled venture of defaming my character and my business when you were not wronged in any way than I will have no choice but to commence legal action against you. I personally receive free legal counsel and will begin the process of legal proceedings immediately." I have been doing research on defamation laws and so far the only real indication of actual defaming I found was if false accusations were made. If everything that I had written in my complaint and review was true then is it defamation?

What is the name of your state, jolly808, or, if not in the US, what is the name of your country?

The email you received is written in such a way that I personally would not take it too seriously. It sounds like someone is trying to be tougher (and smarter) than he really is.

To be defamatory a statement must be false. Many reviews are written with generalizations and exaggerations which make them less than true. Some contain outright lies. Only a few reviews will be so defamatory that they will support a lawsuit.

 

[Proserpina]

I was recently sent an email stating "If you continue to pursue the intentional and purpose filled venture of defaming my character and my business when you were not wronged in any way than I will have no choice but to commence legal action against you. I personally receive free legal counsel and will begin the process of legal proceedings immediately." I have been doing research on defamation laws and so far the only real indication of actual defaming I found was if false accusations were made. If everything that I had written in my complaint and review was true then is it defamation?

I wonder, if this person has "free legal counsel", why you weren't contacted by said free legal counsel. I mean they're free, right? So a well-worded, "please cease and desist" letter from them would cost the other guy nothing, right?

Now, I'm not going to outright say that someone is bluffing. But ask yourself some questions first, before becoming too worried about something.

 

[quincy]

To answer the title question for jolly (wherever it is he lives): The email is neither a case nor a well-formed threat.

Wait for notice from an attorney (it won't come by email) and then consult an attorney of your own. If you wrote a review that has attracted an email like the one you received over a review you know you wrote, though, you might want to have your review reviewed, to see if it should have its content edited or removed from wherever it is placed.

Defamation laws vary in significant ways by state and by country so if you want additional advice, you will need to provide this information.

 

[latigo]

I was recently sent an email stating "If you continue to pursue the intentional and purpose filled venture of defaming my character and my business when you were not wronged in any way than I will have no choice but to commence legal action against you. I personally receive free legal counsel and will begin the process of legal proceedings immediately." I have been doing research on defamation laws and so far the only real indication of actual defaming I found was if false accusations were made. If everything that I had written in my complaint and review was true then is it defamation?

Did you miss the part where you are given an option?! Like cease and desist or I'll . . .

Or do you intend to press on with your attack upon the individual's reputation and that of his business inviting a lawsuit and the expense of defending one? Yes expense! Because not having a clue about court rules, civil procedure, the rules of evidence, jury instructions, trial technique, etc., etc., you'd be lost at sea without experienced trial counsel.

Just because you'd be entitled to defend pro se doesn't mean you'd know how!

 

[quincy]

Did you miss the part where you are given an option?! Like cease and desist or I'll . . .

Or do you intend to press on with your attack upon the individual's reputation and that of his business inviting a lawsuit and the expense of defending one? Yes expense! Because not having a clue about court rules, civil procedure, the rules of evidence, jury instructions, trial technique, etc., etc., you'd be lost at sea without experienced trial counsel.

Just because you'd be entitled to defend pro se doesn't mean you'd know how!

While I agree that most people are ill-equipped to handle a defamation lawsuit on their own and have no clue at how costly these lawsuits can be, there has been no lawsuit filed yet, latigo. In fact, from the little that has been written, it appears there is a good chance there will be no lawsuit and that the person who sent the email does not have any lawyer (free or otherwise).

Although it could be smart for jolly808 to have his review and the email he received looked at by a professional, this to see if the review is defamatory and the removal of the review warranted, the email received by jolly808 could just be a poorly-written attempt by the person/entity reviewed to silence a legitimate critic through intimidation.

Then again, it could also be the first step required under the law before filing a defamation lawsuit. Whether it is or not would depend on the state.

Perhaps jolly808 will return to provide his state name and more information about the review he wrote.