Being sued for libel and defamation-need help.

[awnicol25]

What is the name of your state? Florida.
Hi-I received a summons today as the defendant in a defamation and libel case against a local business owner. I shiped a package from his store and he overcharged me, improperly packaged my item, it broke, then he said I waived insurance, which I did not. I printed out flyers and put them under car windshiedl wipers near his store and posted several comments on a web forum. My commets were that he was a scam artist, acted fraudulantly, lied, overcharged me, etc... Now, he is suing me. The improtant thing to note is that he actually (after much haggling) reimbursed me for my broken item and my shipping charges, which I take as admitting guilt. Does he have a case? Where should I start? I need to respond in 20 days...Please give me some advice. Thanks-

 

[BelizeBreeze]

What is the name of your state? Florida.
Hi-I received a summons today as the defendant in a defamation and libel case against a local business owner. I shiped a package from his store and he overcharged me, improperly packaged my item, it broke, then he said I waived insurance, which I did not. I printed out flyers and put them under car windshiedl wipers near his store and posted several comments on a web forum. My commets were that he was a scam artist, acted fraudulantly, lied, overcharged me, etc... Now, he is suing me. The improtant thing to note is that he actually (after much haggling) reimbursed me for my broken item and my shipping charges, which I take as admitting guilt. Does he have a case? Where should I start? I need to respond in 20 days...Please give me some advice. Thanks-

Your response:

Dear business owner. I am an idiot with no idea of the law and my consequences for stupid acts I have committed. In the future I will sign and turn over my paycheck to you until age 50 at which time I hope to have learned something valuable.

 

[awnicol25]

Please explain.

I am not sure I catch what you are saying. I am nervous about this and would like some sincere direction. Thank you.

 

[BelizeBreeze]

I am not sure I catch what you are saying. I am nervous about this and would like some sincere direction. Thank you.

My POINT is what you did was entirely stupid and actionable.

Now you get to hire an attorney to try to minimize the damages.

 

[awnicol25]

Damages...

The summons states "In excess of $15,000 and a quit on property"...what can this mean? Does this mean more than $50K...not very clear. Is it best for me to call my homeowners insurance and get them on board? Thanks for your help.

 

[David Jonathan]

as someone else said ... you need an attorney - what you did was legally wrong.

He may have overcharged you, but it's his business, he can charge what he wants

He may say you chose not to get the insurance, do you have proof that you did get it

He refunded your money to help keep you as a "happy" customer

how does any of that make him a "scam artist" or how did he "act fraudulantly"

in court, refunds are not always viewed as an admission of guilt, but more as an attempt to maintain customer service.

"in excess of $15,000" means they want the judge to award them more than that.
"a quit on property" means they want the judge to award them your propery.

you need an attorney to clean up this mess.

--Dave.

 

[Just Blue]

What is the name of your state? Florida.
Hi-I received a summons today as the defendant in a defamation and libel case against a local business owner. I shiped a package from his store and he overcharged me, improperly packaged my item, it broke, then he said I waived insurance, which I did not. I printed out flyers and put them under car windshiedl wipers near his store and posted several comments on a web forum. My commets were that he was a scam artist, acted fraudulantly, lied, overcharged me, etc... Now, he is suing me. The improtant thing to note is that he actually (after much haggling) reimbursed me for my broken item and my shipping charges, which I take as admitting guilt. Does he have a case? Where should I start? I need to respond in 20 days...Please give me some advice. Thanks-

What ever possessed you to do such a thing??

 

[Quaere]

Maybe it wasn't as dumb as it sounds. If you had the good sense to explain the basis of your allegations when you wrote the flyers and posts, the publications may be considered "opinion" which is NOT actionable.

If you want to send me a copy of the flyer and/or the postings via PM, I'll give you some feedback on where you stand.

If you made these serious accusations of criminal activity, without qualifying them enough for people to understand the basis of your accusations, you are in big trouble.

Start looking for an attorney that is competent in defamation law...now.

 

[BelizeBreeze]

Maybe it wasn't as dumb as it sounds. If you had the good sense to explain the basis of your allegations when you wrote the flyers and posts, the publications may be considered "opinion" which is NOT actionable.

If you want to send me a copy of the flyer and/or the postings via PM, I'll give you some feedback on where you stand.

If you made these serious accusations of criminal activity, without qualifying them enough for people to understand the basis of your accusations, you are in big trouble.

Start looking for an attorney that is competent in defamation law...now.

Would you like to place a side bet on the contents of the flyer?

 

[awnicol25]

Yes Quarae

I would like to send you what I have. How can we talk? Thanks-
Andy

 

[Quaere]

Would you like to place a side bet on the contents of the flyer?

No, I figure it's a 50/50 chance that the thing was written fairly. Btw, your original suggestion summed it up nicely.

Let's see what the guy actually did though.

awnicole, send me a private message through this site.

 

[Just Blue]

No, I figure it's a 50/50 chance that the thing was written fairly. Btw, your original suggestion summed it up nicely.

Let's see what the guy actually did though.

awnicole, send me a private message through this site.

You probably should tell him/her how to enable pm...may not know how..

 

[Quaere]

You probably should tell him/her how to enable pm...may not know how..

Ok, I'll do it. I hardly know how I did it myself though. Let's see awnicol25...

At the top of this page is a peach colored line (at least mine is peach) and it has various items on it. The first item to your left, says "User CP". Click on it.

On the next page, go to the "control panel", and "click on edit options".

Under your options, you will see a place to check to enable your private messaging option.

 

[Just Blue]

Ok, I'll do it. I hardly know how I did it myself though. Let's see awnicol25...

At the top of this page is a peach colored line (at least mine is peach) and it has various items on it. The first item to your left, says "User CP". Click on it.

On the next page, go to the "control panel", and "click on edit options".

Under your options, you will see a place to check to enable your private messaging option.

You were able to do it on your own cause you're sooooo smart!!!!

 

[BelizeBreeze]

You were able to do it on your own cause you're sooooo smart!!!!

Groupie......