defamation suit in Small Claims?

[Bring-the-heat]

What is the name of your state?
New York

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Background info:

I had problems with a business who refused to provide me with a refund of my deposit. It wasn't until after the BBB contacted them about the complaint I filed did they decide to refund my $$$.

Case closed (so I thought)

After being blantantly told that I was not getting my refund back (but before the out of court settlement in my favor), I anonomously posted only very detailed and FACTUAL information regarding the incident on a public website forum that documents incidents where consumers feel they have been scammed by a business. This triggered a landslide of comments by other consumers who also felt wronged by this same business. Even a former employee joined the condemnation of this business and its owner. There was no such public info on line prior to my initial post.

Presently...

I am now being sued in Small Claims Court by the owner for the max of $5000 for what was written on the summons as "Breach of contract". In court the lawyer pulled me aside before requesting to postpone the trial and told me that the actual reason I was being sued was because the owner was upset by me revealing the details of my incident with his business. The owner's lawyer had copies of these postings in his posession, but also told me (off record) that he didn't think there was a strong case against me and that if he were me, he knew what his defense would be.

This case has been delayed for two more months when the owner can be present to testify as plaintiff.

I'm not sure if I'm being further railroaded here by the plaintiff's lawyer or if he was indeed being helpfull to me. I posted using an alias as most do when posting on i-net forums so how can then prove that I made these postings which state nothing but truth anyway?

Should my defense be any of the following:

1) That wasn't me posting online. Can they legally sequester records from my ISP and trace my IP address back to me? Not that I'm worried that anything I said is slander or defamation, because its not. It's just the facts regarding my interaction with them.

2) This should be dismissed against me because this can be considered as a SLAPP suit - I was posting information for the benifit of the public (Can this defense be used in NY?)

3) What "breach of contract" when there isn't any contract. My only worry is that I was asked to sign what was supposedly a release form in order to receive my refund in check from this business. Although I was not provided a copy, I remember it stating that my endorsement of the check meant I was dismissing this company of any wrong doing and that I would not file any further complaints against them. This is the only contract I can think they are referring too.

Your advice and assistance is greatly appreciated. Thanks so much!

B-T-H

 

[BelizeBreeze]

What did the settlement agreement that you signed when your previous case was settled say?

 

[Bring-the-heat]

What did the settlement agreement that you signed when your previous case was settled say?

Thanks for replying.

What I stated in my original post is all that I remember it saying...just that I agree not to file any additional complaints against them. The key here is that what was posted on this forum about the business was done a month before I signed the "release" form to receive my refund check.

There was only one case here. Not two. I was only brought to court recently to address this law suit against me and now am preparing my defense since it was rescheduled and I only now know why I was being sued..

I can also point you in the direction of my postings so you can see for yourself what I'm referring to but I will only do this in a pm or will forward this to your personal email.

 

[BelizeBreeze]

Thanks for replying.

What I stated in my original post is all that I remember it saying...just that I agree not to file any additional complaints against them. The key here is that what was posted on this forum about the business was done a month before I signed the "release" form to receive my refund check.

There was only one case here. Not two. I was only brought to court recently to address this law suit against me and now am preparing my defense since it was rescheduled and I only now know why I was being sued..

I can also point you in the direction of my postings so you can see for yourself what I'm referring to but I will only do this in a pm or will forward this to your personal email.

I don't need to see your postings. The judge will decide wither you entered the agreement in good faith or not and if not, if the complaints registered on the website in effect, invalidate the settlement.

Still have the money you were paid? If so, hold on to it, you may not have it long. If not, you MAY be in a heap of trouble.

 

[You Are Guilty]

You had best get a copy of all the paperwork you signed at the settlement and see what, if anything it says about confidentiality.

PS: The answers to your questions in #1 & 2 are "yes" and "yes". Good luck explaining what a SLAPP suit is to a Small Claims judge, though.

 

[Bring-the-heat]

My next step...

Thank you both for your assistance.

My next move will be to request copies of what I signed from the dealership (as advised). I wil have to make this point clear with the judge that this stuff was posted BEFORE the statement was signed when they handed over my refund to me.

As of today, I've received word from the admin of the site where the postings were made that the entire thread has been deleted. There is currently nothing posted on line by me referring to this business. Shouldnt they have asked me to request that the post be removed before bringing me to court? I dont know law (which is why I am posting here) but I would have thought that they could only bring me to court if I failed to oblige their removal request.

B-T-H

 

[BelizeBreeze]

Thank you both for your assistance.

My next move will be to request copies of what I signed from the dealership (as advised). I wil have to make this point clear with the judge that this stuff was posted BEFORE the statement was signed when they handed over my refund to me.

That may not matter if you had knowledge of the act and after signing the confidentiality agreement, did not have it removed.

As of today, I've received word from the admin of the site where the postings were made that the entire thread has been deleted. There is currently nothing posted on line by me referring to this business. Shouldnt they have asked me to request that the post be removed before bringing me to court? I dont know law (which is why I am posting here) but I would have thought that they could only bring me to court if I failed to oblige their removal request.

B-T-H

No, once you post the information you have no further 'ownership'.