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Do They Have A Case Against Me?

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gdawson44

Junior Member
What is the name of your state?What is the name of your state? Georgia

I am getting ready to file a suit with someone over a recording contract. When I informed the party over my intention to file suit if the cash owed to me was unpaid, I was informed that they would be countersuing and that I'd be paying their legal fees as well as my own. They did not inform me as to what they'd be countersuing for, but I have a good idea it would be over some internet pranks I played on one of the guys in the band - defamation of character - libel - slander(?).

You see, this guy had a protracted affair with my fiancee behind my back. Naturally, when I discovered this I was a bit ticked. I did do some admittledly childish pranks - what can I say? I was furious. Here's what I can remember I did: 1. put a note on his IUMA.com band page that warned that any future band members should beware that this guy didn't steal their girlfriends; 2. posted in a forum he visited that his ex (also ticked off) had informed us of his homosexual experimentation in the past; 3. put up an "Ate My Balls" site in his honor; 4. made an entry for him on the gay.com singles dating website. Yes indeed, this was childish, but in my opinion rather pale in comparison to having affairs. Anyway, the IUMA site posting was changed within 24 hours of posting - although there was truth to items 1 and 2. Items 3 and 4 were for my own amusement I suppose.

Anyway, time passed, and after all this nonsense I agreed to release the recording on CD for a cash fee and we both signed a contract. I fulfilled my end of the contract - he has not. I feel pretty solid in my case against him. The question is to whether there is any validity to a possible claim he may have against me for defamation of character. It is my understanding that he would have to prove some kind of financial loss(?). He never stated any and I cannot detect any as he launched a US tour last year in support of the recording and is planning one for this year - as well as acquiring money from sales of the recording over the course of the past year.

Yes I know, I did childish, petty torments over the web. Can I be found liable for them and charged with a fee?
 


Flyingembers

Junior Member
Can they sue you?

CA:
My research shows that truth is your defense. If everything you did was based on true facts, it is his burden to prove those statements to be false.
Otherwise, the childish behavior of which you speak may put you in the Principal's Office. Good luck...sounds like you learned from your actions.
Have you requested a legal opinion from this site?
 

gdawson44

Junior Member
Flyingembers said:
CA:
My research shows that truth is your defense. If everything you did was based on true facts, it is his burden to prove those statements to be false.
Otherwise, the childish behavior of which you speak may put you in the Principal's Office. Good luck...sounds like you learned from your actions.
Have you requested a legal opinion from this site?
No, I just thought I'd throw it out and get an opinion first. I don't even know that this is what they'd countersue for, but I haven't done anything else besides petty little practical jokes. I fulfilled my part of the contract - they did not. I feel solid in my claim against them. Nobody claimed they had any financial loss as a result of my shenanigans, so I don't know what kind of stuff their lawyer is telling them.
 

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