• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

is this slander?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rmosher1515

Junior Member
What is the name of your state? AZ
i live in an apartment in bisbee with my wife and 3 yr old daughter. our front door is right next to a hotel lobby. our landlord had a meeting today with the owner of this motel about an unrelated issue. she returned and told me that he said he knows and the police know that i am making meth in my home and that if that was happening the building would have to be torn down. i'm assuming (though i could easily find out) that he has told the police this. he is making this acussation based on his observations of who and how often people come to my house. i live downtown, have lots of freinds and we sometimes bring people in off the street for a meal. now my wife thinks, (and i tend to agree) that maybe she should stay somewhere else for a while for fear of some police raid. is this slander? and if it is should i be able to find a lawyer to take this on if i have no money?What is the name of your state?
 


it's only slander if it's not true. That being said, you'd have to prove damages in court. Him speaking to you is not exactly slander either, he'd have to spread the word to other people.

So is this an Apartment, Hotel, or Motel?

If you did nothing wrong, stay.

Time for helping the homeless is really over. Maybe help them find jobs, or get them to a shelter, but for god's sake, don't bring them into your home, you've no clue what criminal activities they may have planned, and with 3yr old in the house, you're risking her safety so you can "feel good about yourself" - Child Protection folks COULD have a field day with that - and if this landlord.

--Dave.
 

rmosher1515

Junior Member
1.) this is an easily proven untruth.
2.) i believe that if the accusations are such that if true would lead to criminal prosecution, no damages need to be proven. 3.) he DID tell someone. my landlord and apparently the police.
4.) we live in an apartment NEXT to the motel.
?.)as for the "homeless" comment: this is a very small town where we all know eachother. the "homeless" are people i see and talk to every day. some are my freinds. i've been "homeless" and all that "time to help is over" thing means nothing when you are hungry and in need. and what makes you think people with houses are safer for my child to be around. is that how you gauge who is safe to be around kids?
 
G

Gevalia

Guest
Yes, damages do need to be proven.

You want to sue this guy, which indicates you want to be compensated for damages. In order to achieve that, you would have to prove damages. And, at this point, you have none.

"Damages" doesn't mean somebody said something that might lead to criminal prosecution against you.* You can't sue somebody for something that "might" happen. Actually, that's not true. You can sue anybody for anything. You can sue me because you don't like the font I chose for this post. The question is, will you successfully sue me? Answer: no.

If you end up suffering monetary damages as a result of this accusation, then you can proceed to the next step of finding an attorney who will work for free.

Bottom line: somebody said something about you that wasn't very nice. It happens. It hasn't cost you anything yet. At least nothing for which a court can compensate you.

*And it won't lead to criminal prosecution. It might lead to an investigation. If you're innocent they'll investigate, they'll find nothing, case closed. Still no damages.
 
?.)as for the "homeless" comment: this is a very small town where we all know eachother. the "homeless" are people i see and talk to every day. some are my freinds. i've been "homeless" and all that "time to help is over" thing means nothing when you are hungry and in need. and what makes you think people with houses are safer for my child to be around. is that how you gauge who is safe to be around kids?
How I gauage who is fit to be around children would be my own opinion ... IE: would I let these people around my child.

feeding homeless people does NOHTING to help them, in fact it enables them to continue to be homeless, because why should they try to better themselves, they've got it made. No rent, no bills, and free food, what more could a person want? You also have to ask yourself if the child protection agencies would approve of these activities ... the way I see it - you're honestly setting yourself up for a bad situation.

If you really want to help these homeless people, you'll start a not for profilt company, buy a building, set up a shelter, and HELP these people get back on their feet with education, job placement, and other activities that will make them once again valuable to society - just feeding them doesn't help them, it actually hurts them.

--Dave
 

BelizeBreeze

Senior Member
How I gauage who is fit to be around children would be my own opinion ... IE: would I let these people around my child.

feeding homeless people does NOHTING to help them, in fact it enables them to continue to be homeless, because why should they try to better themselves, they've got it made. No rent, no bills, and free food, what more could a person want?
I am not going to respond to this thread other than your reply.

I not only find it insensitive, but totally ignorant and without basis in fact. Just so you know, I spent almost a year 'living on the streets' with my bed under a bush beneath the I-30 railroad crossing of the Arkansas River in little rock, Arkansas.

It was ONLY through the grace of churches, organizations and strangers that I was able to live and eat until I had the ability to brush myself off and move forward. now, 30 years later, I am retired, completed law school, own three companies and have my own 'harvey' who will be taking me on a trip shortly that will again have my bed beneath the stars (albeit with an ocean below me).

Not all homeless people are playing the system just as not all whites are prejudice, all balcks are lazy and all chineese are bad drivers. and to state such in a legal forum is ignorant and not worthy of this legal forum.
 

Just Blue

Senior Member
I am not going to respond to this thread other than your reply.

I not only find it insensitive, but totally ignorant and without basis in fact. Just so you know, I spent almost a year 'living on the streets' with my bed under a bush beneath the I-30 railroad crossing of the Arkansas River in little rock, Arkansas.

It was ONLY through the grace of churches, organizations and strangers that I was able to live and eat until I had the ability to brush myself off and move forward. now, 30 years later, I am retired, completed law school, own three companies and have my own 'harvey' who will be taking me on a trip shortly that will again have my bed beneath the stars (albeit with an ocean below me).

Not all homeless people are playing the system just as not all whites are prejudice, all balcks are lazy and all chineese are bad drivers. and to state such in a legal forum is ignorant and not worthy of this legal forum.


Well said BB!!:cool:
 

rmosher1515

Junior Member
thanks, but..

yeah, umm..ok david.
Anyway, aren't words actionable in themselves if they impute criminal activity that, if true, would be indictable by a criminal court? this behavior on his part seems to me to be a real danger to me and my family. he has placed this accusation on others before.
 
rmosher ... he'd have to file a false police report, or someone else would have to file the report based on what he said - and you'd have to prove the link between that, than you'd have to prove damages from that, etc. etc. etc. Honestly, I'd talk to your landlord, assure here there are no problems, because this person is blowing smoke because he doesn't like your friends (he doesn't have to like them, but it sounds like he's spreading lies)

I'd then ask the guy to stop making the accusations, and get an order of restraint against the guy, so he can't keep gosiping about you - and if he does, you'll then have something actionable. (breaking the order) ... you'll have to check with your local PD, or an attorney to find out how viable of a solution that is tho. It's a reach, but I'd try that angle myself.

Anyhow, on to BelizeBreeze ...

I am not going to respond to this thread other than your reply.

I not only find it insensitive, but totally ignorant and without basis in fact.
It may be insensitive, however, it's not "ignorant and without basis in fact." MOST* homeless people end up homeless because of their own faults. The homeless people then often beg for things from active members of society ... how is that not burden?

Just so you know, I spent almost a year 'living on the streets' with my bed under a bush beneath the I-30 railroad crossing of the Arkansas River in little rock, Arkansas.
So what, I was homeless too I've squatted under bridges, condemned apartment buildings, alleyways, parks, etc. - how does that relate to the majority of homeless people? Are they all going to be come lawyers, own multiple businesses and sit on internet forums all day arguing about other homeless people? You're a success story, and where I'm sure there are lots of stories out there, we'd find more success stories if people stopped the free handouts, and instead helped these homeless people back on their feet through outreach programs, education, and job placement assistance - and where you could almost call those handouts, they aren't because they are helping ALL of society. And for those who are unable to successfully work, help them establish housing and social security benefits. I was helped not by people handing me food, but by someone who took the time to help me find the resources to get off my ass and do something to help my situation - I didn't spit in his face by ignoring the help and just asking for food, I looked into those resources, found a job through a "day labor" establishment, rented a motel room (cheap motel) and started to climb back into society.

It was ONLY through the grace of churches, organizations and strangers that I was able to live and eat until I had the ability to brush myself off and move forward. now, 30 years later, I am retired, completed law school, own three companies and have my own 'harvey' who will be taking me on a trip shortly that will again have my bed beneath the stars (albeit with an ocean below me).
so what your saying is you were handed stuff until you CHOSE to do better for yourself? Would you have done better sooner if you were forced into it, or if someone guided you through the proper channels? What about those who have been refusing that help before they were ready to return to functioning society? Yours is one story, but there are countless stories of people who've gone without this type of help, who continue to drain society simply because either A) they don't want to, or B) they don't know how to. Why not help them find out how to rejoin society - free food does nothing but teach people they can get stuff for free.

Not all homeless people are playing the system just as not all whites are prejudice, all balcks are lazy and all chineese are bad drivers. and to state such in a legal forum is ignorant and not worthy of this legal forum.
Here's the most skewed statement ever ... I'm sorry you feel that way about other races, however, Homeless people are in a societal class which is outside normal functioning society, they are not a race of people. You're trying to compare apples to potatoes here. There are homeless people of all races and genders, so your example does not work. However, since you decided to go there, I'll attempt to address it anyhow. Homeless people ARE playing the system period. From the moment they start living outside of society, but still wanting free things from those who are a part of society, they become a burden. period. They are dependant only on the kindness of others - and they are playing the "pity me" card. Sound cold? well, it is. But again, I state, why not help them become active members of society through channels that will actually help them, not enable their homeless behaviors.

If you want to argue the homeless thing even more, feel free to PM me, this is better as a private debate as you said, as this is not the correct forum to debate it in.

Either way, the original point I was trying to make was - what if the neighbor, or the landlord feels similar to how I feel, and they call the Child Protection people because of your interaction with the homeless in your home - where the caseworker may feel that you're just trying to do good for those homeless people, they could still potentially take your child away because that social class tends to have a larger criminal element per capita, and if they want to, they can say the risks of leaving the child in that home outweigh the child's need to be with their parents. Child protection agencies have fairly free run of what they do, and lately they spend too much time on putting kids in foster care, than they do with helping the home situation to enable a positive support structure for the parents enabling them to be with the child.

For me, it's not worth that risk. I have been volunteering in homeless shelters for the past 7 years and I will continue to do so - but I will NEVER bring anyone to my home - I want to see everyone become successful, but just giving people free stuff is not the way to go - those who accept our help and we guide through the system come back and help out at the shelter on their days off of work to help and give back, those who refuse the help are still coming in for free handouts ... my bias is based on experience, not opinion. So go ahead and stay up there on your high horse looking down, you've made it quite clear (to me at least) that you forgot where you came from.

--Dave
 

BelizeBreeze

Senior Member
I'm not even going to reognize this crap with a response. Keep your answers to the point of the thread or leave. There is no place on this forum for your prejudice. PERIOD!
 

Quaere

Member
rmosher1515:

IF this is precisely what the guy said: “he said he knows and the police know that i am making meth in my home” and IF it is false, it would be defamatory per se. You would have to check to see if your state allows presumed damages.

The EXACT statement the guy made, and the context in which he made it is critical. Statements of fact are defamatory, opinions are not.

The statement must be COMPELTELY false. The statement can’t just be “technically” wrong. If you sell meth and he accused you of making meth, he has not defamed you. His statement was close enough to the truth.

You must have a good reputation to begin with. One cannot harm something that is already worthless.

You need a credible witness, preferably multiple credible witnesses, who have heard this guy make these statements about you.

You will want to be sure the defendant is capable of paying any judgment you might win. It will cost you tens of thousands of dollars to get the case to trial.
 

cbg

I'm a Northern Girl
BB, well said.

David Jonathan, I won't even deign to answer such an unmitigated load of crap as you've provided. Your prejudices are unwarranted, incorrect, and anyone who would hold such views is not worthy of the responses from this forum. Take your ignorant and idiotic views elsewhere.

But don't make the the forum I moderate, because I'll lock you down so fast you won't know what hit you.
 

fairisfair

Senior Member
How I gauage who is fit to be around children would be my own opinion ... IE: would I let these people around my child.

feeding homeless people does NOHTING to help them, in fact it enables them to continue to be homeless, because why should they try to better themselves, they've got it made. No rent, no bills, and free food, what more could a person want? You also have to ask yourself if the child protection agencies would approve of these activities ... the way I see it - you're honestly setting yourself up for a bad situation.

If you really want to help these homeless people, you'll start a not for profilt company, buy a building, set up a shelter, and HELP these people get back on their feet with education, job placement, and other activities that will make them once again valuable to society - just feeding them doesn't help them, it actually hurts them.

--Dave
Personally, Dave, I will take my chances with the homeless around my children; as long as I can keep you and your spawn away from them. :rolleyes:
 

rmosher1515

Junior Member
is david right?

is he right? am i really risking losing my daughter by having freinds at my house because they are homeless? is this legal grounds for taking my kid away?
 
the thing about child services is there doesn't have to be a "legal right" to take children from the home only an opinion based on someone who's most likely more biased than I am. If this hotel manager is in fact spreading lies about you, then you should at least CYA because all he has to do is make an anonymous phone call and you'll be defending yourself. Child Services is more "guilty until proven innocent" because they claim they have the childs best interest in mind. Check out the laws, and talk to others who have been through the CPS system.

and for the record, I'm not saying "stop helping the homeless" I'm saying "help them rejoin society" or rather "help them differently" - there's nothing prejudice about that, it simply helps weed out the people who choose to abuse the good nature of others.

what's that line, "give a man a fish and he eats for a day, teach a man to fish and he eats for a lifetime."

You live in a southern climate area - why not have picnic's where you can bring all sorts of food, if you still feel required to feed the homeless, that way you can be in an outdoor, social situation, in full public view - and hey, Picnic's are fun. While at that picnic, might I suggest you maybe bring information for these folks to help them get back on their feet.

--Dave

P.S. simply stating you won't recognize my post, calling me a name, and then telling me to stick to the points at hand is a response. And where in that post were you addressing the original point at hand.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top