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Do I have a case of defamation of character?

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MMorris7707

Junior Member
Maine- In 2006 my husband and I bought a house. When we bought the house the prior landscaper stopped in to offer his service. I knew him from his work for my in-laws. I thought he was a little off mentally and had not intention of using his services. He approached my husband on two occasions asking to do our work. He said to be polite if he needed him he would contact him and took his call. One conversation too place in front of my and another in front of my father in law, though being a conversation 3 years ago and unrelated to him does not remember exactly what was said. We were living out of state at the time, the property was an investment property, he apparently showed up twice and mowed the lawn. He then tried to bill us. We refuse to pay him because he was told if we were interested in his service we would contact him, additionally we had someone else hired to do the work, whom we paid and hired on several occasions. Over the past couple of years the man has asked my in-laws to pay him and that we don't pay our bill therefore they should because we would pay them back. They have said that its none of their business and they aren't paying. On the most recent occasion this past spring, I wrote him a letter sent by certified mail stating that we have not intention to pay because we did not hire him and that he is to stop asking for payment from my in-laws. He then came into my place of business and threaten me and let me know i should tell my husband" Paybacks a B**** it really is" I reported it to the police dept. and they served him a harassment order so that he is not to contact us or enter our property. Since then he has told several relative (I'm sure others we just wouldn't have been told) in very public places very loudly, as to be overheard, that he is going to tell everyone he knows we don't pay our bills and to let us know it would be in our best interest to pay him. Meanwhile we have kept to ourselves. He today saw my mother in law and said that he will never give up even if its 30 or 40 years. He than said he bets we don't know the date he was served and said we probably didn't know his order was only good for a year. Which has made us feel as though he has something planned.

Is there anyway to get him to stop talking about us? We own a business in a small town, and do not want to lose or get a lack of business because of him.

I refuse to pay him because of the principal. He wasn't hired, he took the liberty of doing the work and expects payment. What do I have for options?
 


Proserpina

Senior Member
Maine- In 2006 my husband and I bought a house. When we bought the house the prior landscaper stopped in to offer his service. I knew him from his work for my in-laws. I thought he was a little off mentally and had not intention of using his services. He approached my husband on two occasions asking to do our work. He said to be polite if he needed him he would contact him and took his call. One conversation too place in front of my and another in front of my father in law, though being a conversation 3 years ago and unrelated to him does not remember exactly what was said. We were living out of state at the time, the property was an investment property, he apparently showed up twice and mowed the lawn. He then tried to bill us. We refuse to pay him because he was told if we were interested in his service we would contact him, additionally we had someone else hired to do the work, whom we paid and hired on several occasions. Over the past couple of years the man has asked my in-laws to pay him and that we don't pay our bill therefore they should because we would pay them back. They have said that its none of their business and they aren't paying. On the most recent occasion this past spring, I wrote him a letter sent by certified mail stating that we have not intention to pay because we did not hire him and that he is to stop asking for payment from my in-laws. He then came into my place of business and threaten me and let me know i should tell my husband" Paybacks a B**** it really is" I reported it to the police dept. and they served him a harassment order so that he is not to contact us or enter our property. Since then he has told several relative (I'm sure others we just wouldn't have been told) in very public places very loudly, as to be overheard, that he is going to tell everyone he knows we don't pay our bills and to let us know it would be in our best interest to pay him. Meanwhile we have kept to ourselves. He today saw my mother in law and said that he will never give up even if its 30 or 40 years. He than said he bets we don't know the date he was served and said we probably didn't know his order was only good for a year. Which has made us feel as though he has something planned.

Is there anyway to get him to stop talking about us? We own a business in a small town, and do not want to lose or get a lack of business because of him.

I refuse to pay him because of the principal. He wasn't hired, he took the liberty of doing the work and expects payment. What do I have for options?
He did the work - he is not lying if he states that you have not paid the bill. The fact the bill is in dispute isn't the point at this stage.

Honestly? I would pay the guy - the hassle, possible publicity and expense of either defending yourself if he goes to small claims, or trying to file a defamation suit simply aren't worth it in my opinion.

While I understand your point in this case I seriously doubt that going ahead solely because of the principal of the matter is your wisest choice.

My answer may change if you actually suffer tangible damages though...
 

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