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An Atty is threatening me with a slander suit

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twepilot

Junior Member
What is the name of your state?Georgia

Our Homeowners assoc. President is an attorney. When I questioned him about how some money was spent he refused to answer me. I attended a BOD meeting and again asked the question about how this money was spent. The money was spent on the clubhouse toilets to the tune of 950 bucks for 2 water supply connections!!! These things are 8 bucks at HD. When asked why this was so important to me I aanswered that it looked like something under the table was going on...I meant that the plumbing company must've ripped us off...not kickbacks...when the President heard this he says I need to get an ATTY because he's suing me for slander. I then realized what I said was taken out of context or misunderstood and offered repeated apologies to everyone in attendence (7 people total). He sent me a "settlement demand" letter wanting among other things a 2500 dollar donation to the homeowners assoc. If I did not comply he was filing suit. Does he have a case? should I settle with him??

Thanks
 


stephenk

Senior Member
get an attorney. there is much more to the story. did you ever demand a copy of the work order of the plumber for the $950 job? did the attorney send the letter on his own behalf or on behalf of the HOA?
 

twepilot

Junior Member
He sent it on his firms letterhead. I do have a copy of the work order. The question still remains does he have a case against me? There really isn't more to the story than what I've relayed.

Thanks
 

fronty

Member
I don't think he has a case, and he is just trying to pull scare tactics on you. If you can prove that something is going on and your comments are true, then he can not win a case against you. It appears that something is really going on based on his actions. Did you say these comments to just him or the whole HOA. If it is the former, it is not defamation. You had to make the comments to a third party and he has to show damages to his reputation. Moreover, I view your comments as an opinion and not a false accusation towards the president. It appears that you were just inquiring about a bill; you should have the right to do so.
 

twepilot

Junior Member
my comments were made during a BOD meeting which was attended by 7 people total..including me and the President! When I realized what I said was misunderstood I emphatically apoligized not only to the President himself but also to all 6 other people. Additionally, when asked if I was accusing someone of something improper I answered with a resounding "no, I'm not accusing anyone of anything."

Thanks
 

BelizeBreeze

Senior Member
take stephen's advice.

There is no case here (based solely on the facts presented) for anything close to slander. But the members of the HOA should be questioning why it costs $900 to connect two water lines.
 

twepilot

Junior Member
Do I have any recourse if he does file against me for such a ridiculous case? For example abuse of power, abuse of litigation, malicious prosecution..I have already contacted the state bar about what I feel is misuse of his law degree and was told that an ethics investigation is used primarily when there is a problem between the atty/client relationship but that I could file for an investigation if I wanted.

Thanks for everone's input!
 

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