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Slander in small claims court

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holscad

Junior Member
What is the name of your state? CA
I rented a home from my parents for three years. After I moved out my parents sold the house. The new owners of the home are suing my parents in small claims court for non-disclosure of a leak in the roof that had been repaired in the first year I lived at the home. After the leak was fixed it never leaked again.

In court my Father turned in a notarized statement from me, the renter, regarding the leak in the roof and it being repaired.

When my name was brought up in small claims court, the new owner proceeded to say disparaging remarks about me. He said I never paid rent (not true, we have canceled checks for proof). He also said I was forced to leave the state (I moved into a home in the same town) and that my parents were going to take my children away from me. This is completely untrue. I am an only child and our family is very close. Can anyone go into court and slander your good name when you are not there to defend yourself? Do I have any recourse?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? CA
I rented a home from my parents for three years. After I moved out my parents sold the house. The new owners of the home are suing my parents in small claims court for non-disclosure of a leak in the roof that had been repaired in the first year I lived at the home. After the leak was fixed it never leaked again.

In court my Father turned in a notarized statement from me, the renter, regarding the leak in the roof and it being repaired.

When my name was brought up in small claims court, the new owner proceeded to say disparaging remarks about me. He said I never paid rent (not true, we have canceled checks for proof). He also said I was forced to leave the state (I moved into a home in the same town) and that my parents were going to take my children away from me. This is completely untrue. I am an only child and our family is very close. Can anyone go into court and slander your good name when you are not there to defend yourself? Do I have any recourse?
Without even touching on the fact that they were responding to your "testimony" in a court proceeding...what are your damages?
 

Zigner

Senior Member, Non-Attorney
The new owners are suing for $6800
So, what are your damages? Are YOU being sued for $6,800? If you are being sued, then these statements are being made in an official court proceeding and are, as such, not slander or libel. If you are being sued, why aren't you in court?

And, if you're not being sued, then you don't seem to have any damages.
 

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