Have Proof of Slander/defamation - is there any recourse?

[halfceo]

What is the name of your state? IL

I sell auto parts/autos on ebay. I had a bidder contact me on an item with a $5000 reserve. The bidder offered me $3500 and I refused. The bidder must have gotten upset over my answer and unknown to me (at the time) started sending each high bidder an email stating the product I was selling was defective and broke and not as described. (2 of the high bidders bailed out on the sale last minute - which was upseting but not out of ordinary ebay works!) Luckily for me, the high bidder - lady who actually won and bought the item, sent me an email containing these statemens. Prior to selling the product (auto) I was unable to reach my reserve 3 times, I am assuming because of this person sending out negative comments about my product. My questions:

1. Do I have a case against this person, or is she exersizing free speech?
2. Do I need to back up the amount I want to sue her with documents of any kind or can I sue for the full amount IL allows, I believe 5K. The car sold $1500 under blue book value, but it did reach my reserve. I wasted about $120 in fees for selling the car, relisting for 3 times.

Thanks for advice...
halfceo

 

[BelizeBreeze]

So your provable damages are what?

 

[seniorjudge]

1. Do I have a case against this person, or is she exersing free speech?

A: First, we would have to know the actual and direct amount of damages in a dollar amount that you suffered as a result of the other person's actions.




2. Do I need to back up the amount I want to sue her with documents of any kind or can I sue for the full amount IL allows, I believe 5K. The car sold $1500 under blue book value, but it did reach my reserve. I wasted about $120 in fees for selling the car, relisting for 3 times.

A: Are you saying that it sold for your reserve? Then exactly how did you suffer any damages?

 

[BelizeBreeze]

1. Do I have a case against this person, or is she exersing free speech?

A: First, we would have to know the actual and direct amount of damages in a dollar amount that you suffered as a result of the other person's actions.




2. Do I need to back up the amount I want to sue her with documents of any kind or can I sue for the full amount IL allows, I believe 5K. The car sold $1500 under blue book value, but it did reach my reserve. I wasted about $120 in fees for selling the car, relisting for 3 times.

A: Are you saying that it sold for your reserve? Then exactly how did you suffer any damages?

Old windbag

 

[seniorjudge]

Old windbag

And your point is???

 

[halfceo]

I am assuming then, the only damages I can claim is for having to re-list the car. $120, and in addition, I am assuming I cannot claim the court fees as part of the damages?

So besides, trying to teach her a lesson, small claims will be a waste of time in this case!

I like how you guys always help me find an answer in my own ramblings! Thanks for the quick responce...!

 

[seniorjudge]

Q: I am assuming then, the only damages I can claim is for having to re-list the car. $120, and in addition, I am assuming I cannot claim the court fees as part of the damages?

A: Maybe (but not a strong maybe) on the re-listing; yes on the court costs if you won. Based solely on your facts, however, you don't seem to have lost any money.