Slander/Defamation of Character

[codysmom]

What is the name of your state (only U.S. law)? SC

I have a neighbor/cousin who I have know for years has been spreading vicious lies about me but I have avoided anyone that she associates with. Today I recieved a phone call from someone that has just broken ties with her for the same reasons I broke ties several years ago. She informed me that she was told to avoid myself and my mother (mother lives with me) at all costs as we "are certifiably insane" along with many other very derogitory remarks. As I said I have known this has been going on for years but until now have not had a witness that is willing to come forward in front of a judge. I have put out a few feelers for an attorney in the area and will talk to them about how to move forward. Will the courts allow subpeona's to be issued for others that neighbor has made these remarks to?

The person that called me has every intention of taking neighbor/cousin to court as she has now started the same thing with her and has actually put the remarks about her in writing (via e-mail) to this persons employer as well as several of her family members.

 

[quincy]

"Certifiably insane," while not a nice comment, would not be considered defamatory. It is rhetorical hyperbole. It is a comment that is not meant to be taken literally.

If the other derogatory comments made about you have been in a similar vein, there is no defamation - just free and protected (albeit insulting) speech. If the insults continue, then an harassment complaint may be something you could consider. Or you could hire an attorney to send a letter to the neighbor/cousin, advising her to knock it off. That might scare her into silence.

The person who called you may have a defamation action she could pursue, but it would depend on exactly what was said in the email that was sent to her employer, and the subsequent effects of the email.