What's My Options?

[Hsterling]

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

There is this gal that two people for a fact have come right out and said that they won't use my business anymore because of the lies she has told them about my work. I train and shoe horses for a living and recently had a clinic scheduled with a club in Carlsbad and out of the blue the people I had scheduled to shoe their horses and were also participating in the clinic pulled out with no explantion other than they heard bad things. I got to doing a little research of my own and all the people that just pulled out became friends with this lady on Facebook the day before they pulled out and cancelled. What are my options on sueing this lady for defamation, and slander?

 

[swalsh411]

Without knowing what was said you have no case. It is not illegal to tell a person you don't like a particular business or recommend that they not go there. "Bad things" isn't nearly specific enough.

 

[Hsterling]

She is making false statements, that her vet told her I crippled her horse, which is false, I already contacted the vet and he has no record of her ever bringing a horse in for lameness issues. She has told countless people that I beat horses, which is also a lie. I have never beat a horse in my life, and can prove that with current customer's references and reviews. She has also told people that I will collect money for shoeing services and never come back. Which is also false. I always finish before I collect money, I have several people who are no longer customers, cause they sold their horses, that will testify to that fact. Tell me how much more info you need and I'll give it. Thanks for your reply.

 

[quincy]

I would speak with an attorney in your area and provide to this attorney a list of people who were told lies about you.

You will need the testimony of a witness or witnesses who heard the slanderous comments and it helps to have the testimony of a witness or witnesses who can support your treatment of their horses.

You should also be able to show that the comments have adversely affected your business. Proof of economic injury is necessary if you wish to collect on it.

There is a three year statute of limitations for filing a defamation suit in New Mexico, so this gives you some time to interview attorneys and find one willing to review your case, and time to compile your evidence and witness testimony, and time to accumulate some of the funds that will be necessary to file and pursue an action against this person.

It will be up to the person you sue, by the way, to prove that the statements were pure opinion or true, as a defense to your action. You, however, need to show that she actually made the statements, which is why you need witnesses. Falsity is generally presumed if the statements are shown to be defamatory (although being able to demonstrate the statements are false is always a plus in any suit).

These tend to be very expensive court actions, by the way, and so you will need to review with your attorney the estimated costs and the ability to collect any damages awarded from the defendant (IF you win the case, and that can be a pretty big "if"). Then decide if a suit is worth pursuing.

You may find that just having your attorney send a cease and desist letter to the woman threatening legal action can be enough to stop her continued verbal assaults on you and your business.

 

[Hsterling]

Ok, thankyou very much. That's a big help. The attorney I contacted here wouldn't even hear what I had to say with out charging me first. So, now that I know I have several witnesses that will testify that still won't use my services cause of what she said I think I stand pretty firm on that according to what you said. So I will go find one that will hear it first and then decide where to go from there. Thanks again, and I hope you and yours have a very properous and safe New Year.