former girlfriend

[jhiner]

What is the name of your state? WV

I wonder if I have a case...

A former girlfriend and her current boyfriend have been making false accusations around town, and I have at least one witness who tells me that they have said I was stalking her, an accusation that is absolutely false. Is it grounds for a civil case against them?

 

[BelizeBreeze]

What is the name of your state? WV

I wonder if I have a case...

A former girlfriend and her current boyfriend have been making false accusations around town, and I have at least one witness who tells me that they have said I was stalking her, an accusation that is absolutely false. Is it grounds for a civil case against them?

you can sue anyone for anything these days. but in the present situation you'll look like a fool, waste a lot of money and have the case thrown out of court.

is that the answer you were hoping for????

 

[beta]

You have no Case..Don't waste your time or energy on this situation..

 

[jhiner]

I thought defamation was unlawful?

 

[seniorjudge]

I thought defamation was unlawful?

Since you have no permanent and serious and major damages, you have no case.

Defamation is not a crime.

 

[jhiner]

But my reputation is damaged around the community, and people are choosing not to do business or interact with me because of their false allegations. How can something like that be legal?

 

[The Occultist]

IF you can PROVE not only that THEY specifcally are making these allegations, AND PROVE that they KNOW what they are saying is untrue (if they believe it's true, you have no case), AND that these allegations are actually causing damages, then yes, you may spend lots and lots and lots and lots of money to persue a lawsuit that will have very little reward, which will probably not cover your court costs. Your choice, buddy.

 

[scrambledeggs]

Yes there possibly is defamation. If you are losing business that counts as actual damages. It still is a hard case to pursue, because unless the "girlfriend" is weathly, lawyers wont be much interested in helping. Try talking to a real attorney and getting him to send a "cease and desist letter". Defamation is a real problem, harming people's reputations. However freedom of speech is held dear in courts, and what exactly they are saying is key. If it's just an angry ex-lover, cursing you out, it's not enough. It needs to be extreme. We need more detail.

 

[jhiner]

I do like the idea of a cease and desist letter. I really want it to stop and I want them to realize it is a wrong thing to do, and it's not something they can get away with. As well, I need to get my name cleared around the community.

 

[scrambledeggs]

So What exactly have they said about you?

 

[Quaere]

If you can prove someone is claiming that you have stalked her and it is not true, you could have a valid claim of defamation per se.

Someone who makes false statements of fact about another does not escape liability by claiming they “thought” the statement was true when they made it.

As others have pointed out, pursuing a defamation claim is difficult, costly, and private defendants usually can’t pay any judgment. That said, it is your choice to pursue a claim or not.

The offending party usually responds well to education about your rights.