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Being Sued in Small Claims Court- Need Advice

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K

kwpw

Guest
What is the name of your state?What is the name of your state?What is the name of your state? South Carolina
My apartment lease ended on June 30, 2004.

A man appears at my doorstep last night and gives me an envelop and states he has been trying for a week to deliver these papers, I have been out of town. They are 2 summons that I am being sued in Small Claims Courtfor $7500.00 each for making "statements on Apartmentratings.com and to residents that are "harmful, defamatory, lieleous, and untrue."

I did make a post at Apartmentratings.com but did remove the post when the rental staff told me " I had better have a good attorney." I never told them I had made such a posting.
The post stated only facts about living in the apartments, such as the many water leaks that occurred while I lived there, the mold and mildew problems in the carpet from the leaks, the noise, which I had talked to the staff about, the request for paperwork and incorrect statements made about me 5 months after I had moved in, the bugs, the wind blowing into the windows, the fact that previous tentants stated the staff not only keeps all of your deposit but also charges you more, considers normal wear and tear to be damage and then threatens to take you to court and ruin your credit if you do not pay the overcharges.

How can I be sued for stating opinions based on my facts and experiences living at this apartment? As far as statements to other residents, I only knew about 3 families and when a maintance issue came up for any of us, then we would make small talk about having another problem.
 


divgradcurl

Senior Member
How can I be sued for stating opinions based on my facts and experiences living at this apartment?
Because anybody can be sued for anything; that's just the way the system works.

But, if everything you wrote is based on fact, then they probably can't win. Make sure you take ANY evidence you might have that can support your allegations that what you posted on the website is true. He has the burden of proving that he has been defamed, but you will need to present your defense if he does meet his burden of proof.
 

JETX

Senior Member
Also, take some kind of record of the date you posted, when they 'noticed' you ("better have a good attorney") and the date that you removed the post. Most states bar a claim of libel (written defamation) if it was removed 'on demand'.

Further, a large part of their case (and YOUR defense) will be the EXACT words that you wrote. If you stated them as fact, and they were not true, that would likely be libel. However, even if not factual, if you said that as being your opinion..... "I feel that these units are not safe", that would likely NOT be libelous as your opinion is protected.... to a point.

So, it is IMPERATIVE that you keep copies of your EXACT post(s).

Finally, the following is from the South Carolina Constitution, Section 16:
"In all indictments or prosecutions for libel, the truth of the alleged libel may be given in evidence, and the jury shall be the judges of the law and facts."
 

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