Naste Neighbor sending out slandering letters

[UpsetinSA]

What is the name of your state? TX

I have a neighbor of which I have had nothing but problems with since I moved in. The problems began when I went over and asked that he keep his cats out of my garden, he feels they are free to go as they please, even though there is a lease law. Anyways, now he is sending out letters saying I don't know what. He also has his grandson, 8 years old, saying that I threatened him with a gun. It's gotten ridiculous. Now several of our neighbors will not allow their kids to play with mine.

Can I taken them to court for defamation/slander?

Please advice. Thank you for your assistance.

 

[Zigner]

even though there is a lease law.

Before we proceed - please post a link or other information regarding the leash law for cats that you are referring to.

 

[UpsetinSA]

link to code compliance

http://www.sanantonio.gov/animalcare/healthcode.asp

 

[quincy]

If you call animal control, they can impound the roaming cats.

You would have a difficult time bringing a defamation suit against this neighbor for the letters sent, if all you know about the letters is that they say "I don't know what." You should see if you can get ahold of one of the letters to determine how libelous they are. A libel case is easier to prove than a slander case.

As for the grandson saying you threatened him with a gun, yes, that is slanderous and can be the basis for a defamation suit, if there is no truth to it and if the grandson saying this led to a reputational damage (which could potentially be assumed is the case if children in the neighborhood have been warned not to play with your children - you would need to have a witness testify to this, however).

Slander is more difficult to prove, however, than libel, as there is no written proof left behind for the court to see. You must have someone, other than yourself, testify to the grandson's statement, and you must prove that it was meant as a fact. Eight-year-olds often embellish, and the court will consider this when taking any statement made by a child into account. A child's slanderous statement alone is not the surest way to win any defamation suit.

Bringing a defamation suit can be very costly and time-consuming, and there is never a guarantee that you would win such a suit. Awards in slander cases often do not justify the expense of bringing suit, unless severe injury results from the slander and can be proved.

Plus, if you are having problems with a neighbor now, just WAIT until they are sued. I guarantee the relationship will not improve.

 

[UpsetinSA]

What if I get a copy of the Letter?

Would it be worth my while to try and pay for a copy of the letter been distributed?

 

[SHORTY LONG]

Why would you want to do that for?

 

[UpsetinSA]

Proof the words came from Grandfather and not 8 year old

If the letter mentions a gun, then it would be proof the words came from an adult and not an 8 year old.

BTW, the City is willing to give a person free traps but not willing to catch them. I wouldn't either, just incase one can possibly prove animal cruelty for trapping.

 

[HomeGuru]

Before we proceed - please post a link or other information regarding the leash law for cats that you are referring to.

**A: and highlight the section referring to lions and tigers.

 

[quincy]

UpsetinSA -

Would you have to pay to get ahold of one of the letters sent? It is certainly important to know what is said in the letters, if you intend to use them for a defamation action. The letters would be better proof of defamation than a slanderous comment made by an eight-year-old.

There is no one around, whom you are friendly with, who received one of the letters and would let you at least look at it??? See if you can round one up that way before offering to pay for the letter. You would probably need a person who received one of the letters to testify that the letter was sent to him/her by your neighbor anyway, otherwise your neighbor could deny ever sending it, and possibly even say that you created the letter yourself.

As for the cats, every time the cats are on your property, I would call animal control, even if they say they won't catch them for you. Under your animal ordinance, animal care officers are given legal authority to enter unenclosed front yards of private property to impound unrestrained animals. Having unrestrained pets is a violation of their animal code and the first violation is a fine of $100 to $2000, and each day's violation increases the fine by $100. It is up to the animal control officers to catch the animals, not the person filing the complaint. Keep contacting animal control until they do something about the cats, and document each time you call.

I have got to say that you do not have a lot here right now to prove defamation and an injury to your reputation resulting from it. You can seek the advice of a San Antonio lawyer, to see if he/she thinks you have a defamation suit worth pursuing.

 

[VeronicaLodge]

also if you google online a little about keeping cats out of gardens you can get some good ideas that might just help you alleviate the problem.