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got a question on charging someone with libel/slander
- Thread starter Y_lifter
- Start date
ok... just a scenario... suppose Person A and Person B are exchanging emails... They are talking about Person C. Person A says something completely untrue and character damaging about Person C to Person B.... knowing full well that Person B is the town gossip and will verbally repeat this to everyone he can.
Now... suppose Person C gets a hold of this email exchange... as in... he has a forward copy or a print out of it.... what can he do?
Even though, he never really heard the conversation. And he has no fear that anyone that hears Person B run his mouth will believe him.
What is the scenario?
Now... suppose Person C gets a hold of this email exchange... as in... he has a forward copy or a print out of it.... what can he do?
Even though, he never really heard the conversation. And he has no fear that anyone that hears Person B run his mouth will believe him.
What is the scenario?
PHATchik
Studio Gangsta
Essentially, this is just a case of Person A and Person B gossiping behind Person C's back. If the e-mail is forwarded to several people, then Person C could press charges. If Person B started spreading the damaging rumors around, and Person C's reputation was damaged, then slander charges would be in order. I'm not really sure anything can be done for simply talking behind your back. Maybe I'm wrong.
Here is more details...
Person A = my ex (duh!)
Person B = a guy I made an effort to spend time with and include him in several things with my social circle because he was down on his luck with his health, lost his job, had to move in with his sister, etc.. I later kicked this so-called "friend" out of my social circle for lack of respect.
Person C = Yours Truly.
The situation revolves around my ex telling Peson B that I was arrested in Atlanta on a drug charge. This is completely untrue. I was arrested... not a on drug charge, but because my ex set me up while we were dating. I left my wallet at home (by accident) when we went out to dinner and he had to pay... it pissed him off so much, he tried to get revenge by phoning in a DUI call to the police on my car when I left to go home. They pulled me over, I passed all the DUI tests and even submitted a blood test when they took me downtown. Because I had absolutely nothing to drink that night. (They still had to take me in as I did not have my wallet and had no insurance or driver's license.) But they let me go 4 hours later and all charges were dropped when I showed up for my court date and produced my DL and insurance.
Person B just questioned me about this last night in a casual way. I know there is no other person that could have told him this. And someone else said Person B has mentioned it to them. I know the conversation had to take place by email from what was told to me.
In my line of work, even suspicions of drug use, past or present is grounds for demotion and/or dismissal.
Person A = my ex (duh!)
Person B = a guy I made an effort to spend time with and include him in several things with my social circle because he was down on his luck with his health, lost his job, had to move in with his sister, etc.. I later kicked this so-called "friend" out of my social circle for lack of respect.
Person C = Yours Truly.
The situation revolves around my ex telling Peson B that I was arrested in Atlanta on a drug charge. This is completely untrue. I was arrested... not a on drug charge, but because my ex set me up while we were dating. I left my wallet at home (by accident) when we went out to dinner and he had to pay... it pissed him off so much, he tried to get revenge by phoning in a DUI call to the police on my car when I left to go home. They pulled me over, I passed all the DUI tests and even submitted a blood test when they took me downtown. Because I had absolutely nothing to drink that night. (They still had to take me in as I did not have my wallet and had no insurance or driver's license.) But they let me go 4 hours later and all charges were dropped when I showed up for my court date and produced my DL and insurance.
Person B just questioned me about this last night in a casual way. I know there is no other person that could have told him this. And someone else said Person B has mentioned it to them. I know the conversation had to take place by email from what was told to me.
In my line of work, even suspicions of drug use, past or present is grounds for demotion and/or dismissal.
SofaGeorge
New member
You can't do anything. A litigation case costs about $200,000 in legal fees to get to day of court... then another $250,000 to try. That would be a $450,000 expense for you to collect what? You have no demonstratable damages.
Without damages you have no pay off.
Without damages you have no pay off.
From Zero said:
You don't know the half of it.
Thing is... he was probably unaware of what kind of guy this Person B is when he said this..... and Person B will be telling EVERYONE he knows... once he gets a little bit of info or gossip... his mouth is like the front page of a newspaper...
Wow, It sounds like it could get serious. When something messes with your career potential, then it is something you should worry about.
I would think going to a consultation with an attorny is in order here, but on the other hand do you want to open up a can of worms? Do you want to be like Kobe`s accuser? Where everybody starts to know your business.
I guess that can also be discussed with the attorney. good luck
I would think going to a consultation with an attorny is in order here, but on the other hand do you want to open up a can of worms? Do you want to be like Kobe`s accuser? Where everybody starts to know your business.
I guess that can also be discussed with the attorney. good luck
"A" probably doesnt have the liquidity you'd need for a lawyer to take the case...
you can sue A for a million dollars and win, doesnt mean your gona get it, because you cannot take what "A" doesn't have... The courts wont make "A" sell his house which if he has one is likely his greatest asset.
you can sue A for a million dollars and win, doesnt mean your gona get it, because you cannot take what "A" doesn't have... The courts wont make "A" sell his house which if he has one is likely his greatest asset.
toga22
SideShow Freak
AAP--
First off Good Luck if you try and press charges in this incident. But if you do here are some things that you need to be able to prove...with evidence and witnesses. First off, the damaging information must be false and you (your legal team) must be able to be prove them to be false. You must have witnesses that can contest that the information is false. You must be able to prove damages that have occured as a result of the libel.
Now here is the tricky part...internet libel is a new area in the whole "libel" arena. But you must be able to prove that the information that was written about you was either uploaded onto computer servers or downloaded by readers or printed out. And you need to know who these people are...
As of yet there has not been a successful Supreme Court Case involving internet and libel. So I guess if you have the time and money...maybe you can set a precedent...
And one more thing libel laws are much easier to prove when they are related to the media... Meaning that the statements that were made about your were presented in a public forum...
First off Good Luck if you try and press charges in this incident. But if you do here are some things that you need to be able to prove...with evidence and witnesses. First off, the damaging information must be false and you (your legal team) must be able to be prove them to be false. You must have witnesses that can contest that the information is false. You must be able to prove damages that have occured as a result of the libel.
Now here is the tricky part...internet libel is a new area in the whole "libel" arena. But you must be able to prove that the information that was written about you was either uploaded onto computer servers or downloaded by readers or printed out. And you need to know who these people are...
As of yet there has not been a successful Supreme Court Case involving internet and libel. So I guess if you have the time and money...maybe you can set a precedent...
And one more thing libel laws are much easier to prove when they are related to the media... Meaning that the statements that were made about your were presented in a public forum...
Monkey Pox
New member
Just be the bigger man, ignore it and stop hanging out with weirdos.
Maybe you should confront #2 and tell him the truth. This may deter his "messaging" of false statements.
If he`ll have none of it, then let the beatings begin.
If he`ll have none of it, then let the beatings begin.
hellorhih2o
New member
I know you don't want to hear this but I'd just drop it. Walk away from it. Your ex is obviously nuts and he'll continue to lie about you. Shrug your shoulders and go on with your life. It's not worth spending your energy on a psycho. People who meet you will judge you for who you are at the end of the day, not what they've heard through the grapevine.
Actually, I am thinking more and more an ass whipping is called for. Not just for this shit.. but a lot of other shit he has done as well.
Now, I am not blaming my ex... because everyone can see right through him anyway... but this is all the other guys fault. My ex will tell a lie about me or about anything to anyone as long as he knows that person will not repeat it. If it is repeated, someone will know my ex is lying again... he won't take that chance.
But this other guy, Person B, is someone that I took time to extend kindness towards and it has blown up in my face each time. I met him, he seemed like a nice guy... he was going through (still is) some difficult times. His mother died, he lost his job, he had to move in with his bitchy sister, he is having one kidney removed in 6 weeks, and his boyfriend on top of it left him a few months ago.
So, I try to be nice. He has no friends (no wonder) and I invite him to do things with my social circle. Lunch, movies, parties, etc... Even my friends took him out when I was not around so he would not have to sit at home by himself. I have paid for his dinner, movie tickets and lunches when we have done things because I know he is unemployed and the unemployment check he gets isn't enough.
But about 3 weeks ago, I was hearing all this stuff from people outside my social circle about what a gossip he was and some of the awful and untrue things he said. Then I took him to dinner one night and he verbally ran all my friends into the ground. These are the people that picked up his dinner tab, took him into their homes, planned activities around him. He didn't have one good thing to say about them. I just said "gee.. I am sorry that my friends who have tried to help you are such rotten people." Then he had the nerve to tell another guy at the bar - in front of me - that he didn't care for my partner and that my partner was rude and had an awful know-it-all attitude. Which is not the case, as he is a very introverted individual. I decided then to never socialize with him again.
The last straw came last week when my partner and I, two other couples (one from Denver, one from NC) went out to dinner. No one invited him. No one told him we were going out to dinner. No one even spoke to him... but he calls and is "just in the neighborhood and wanted to stop by and join us." My partner - not knowing how he was - said why not. Then he shows up at the dinner table with my ex as his date. I told him "do not ever bring trash to my social circle again." He simply was shocked that I refused to allow him and his "friend" to join us. Even my ex did not know who he was suppose to be going to dinner with. Otherwise, had he known it was me, he would not have shown up. My ex turned around and walked out. Leaving him behind. And he was dumbfound when I instructed the waiter to remove him from our table. He ate by himself and then almost fainted when he send his check over to my table to be paid and I refused it.
I think it is time to get a bar of soap in a sock and whip the shit out of him.
Now, I am not blaming my ex... because everyone can see right through him anyway... but this is all the other guys fault. My ex will tell a lie about me or about anything to anyone as long as he knows that person will not repeat it. If it is repeated, someone will know my ex is lying again... he won't take that chance.
But this other guy, Person B, is someone that I took time to extend kindness towards and it has blown up in my face each time. I met him, he seemed like a nice guy... he was going through (still is) some difficult times. His mother died, he lost his job, he had to move in with his bitchy sister, he is having one kidney removed in 6 weeks, and his boyfriend on top of it left him a few months ago.
So, I try to be nice. He has no friends (no wonder) and I invite him to do things with my social circle. Lunch, movies, parties, etc... Even my friends took him out when I was not around so he would not have to sit at home by himself. I have paid for his dinner, movie tickets and lunches when we have done things because I know he is unemployed and the unemployment check he gets isn't enough.
But about 3 weeks ago, I was hearing all this stuff from people outside my social circle about what a gossip he was and some of the awful and untrue things he said. Then I took him to dinner one night and he verbally ran all my friends into the ground. These are the people that picked up his dinner tab, took him into their homes, planned activities around him. He didn't have one good thing to say about them. I just said "gee.. I am sorry that my friends who have tried to help you are such rotten people." Then he had the nerve to tell another guy at the bar - in front of me - that he didn't care for my partner and that my partner was rude and had an awful know-it-all attitude. Which is not the case, as he is a very introverted individual. I decided then to never socialize with him again.
The last straw came last week when my partner and I, two other couples (one from Denver, one from NC) went out to dinner. No one invited him. No one told him we were going out to dinner. No one even spoke to him... but he calls and is "just in the neighborhood and wanted to stop by and join us." My partner - not knowing how he was - said why not. Then he shows up at the dinner table with my ex as his date. I told him "do not ever bring trash to my social circle again." He simply was shocked that I refused to allow him and his "friend" to join us. Even my ex did not know who he was suppose to be going to dinner with. Otherwise, had he known it was me, he would not have shown up. My ex turned around and walked out. Leaving him behind. And he was dumbfound when I instructed the waiter to remove him from our table. He ate by himself and then almost fainted when he send his check over to my table to be paid and I refused it.
I think it is time to get a bar of soap in a sock and whip the shit out of him.
bignate73
New member
AAP said:
watch those kidney shots!
seriously...i wouldnt even waste my time. i can understand that a lesson must be learned, but it sounds like life was about to hand out a serious lesson to him before you came along and gave him a taste of comfortable life, and thats how he repaid you?
screw that. let reality take its course on him. he can live with his bitchy sister, have his kidney taken out and be jobless for a while before he realizes that maybe backstabbing isnt the way to go with people.
just my opinion.
Agree that Person B is a total liability to you and your friends.. Needs more than an ass whippin. Needs to swim with the sharks. Maybe its time to call the "acquaintences" from South Beach that would do it for a mere $2,000. J/K mang.
Visit him in the hospital after his kidney and accidently pull the respirator out or something to that effect. Or slip some antifreeze in his mountain dew...
Visit him in the hospital after his kidney and accidently pull the respirator out or something to that effect. Or slip some antifreeze in his mountain dew...
There's a fault (which might be difficult to prove if they used anonymous e-mails...)
The link between the fault and the damage (if there's any) is obvious...
But ....there's no damage, at least nothing from what you said sugest that these damages will be present in the near future. Loss of potentiel incomes is sometimes hard to prove and not widely accepted as a concept by civil courts. Not to mention the costs of hiring a lawyer...
The link between the fault and the damage (if there's any) is obvious...
But ....there's no damage, at least nothing from what you said sugest that these damages will be present in the near future. Loss of potentiel incomes is sometimes hard to prove and not widely accepted as a concept by civil courts. Not to mention the costs of hiring a lawyer...
Monkey Pox
New member
Sounds like gay drama. Throw a drink in his face and push him in a swimming pool like they used to do on Dynasty and Melrose Place.
c3bodybuilding
New member
I've helped this one guy get back on his feet, was a good friend to him. His mom was very mentally abusive to him, made him feel like trash. I told him he could make something of himself, go to school. I encouraged him to give it a try. He did, and now has a good job. I helped him work on his social skills, and not be so afraid of people, and life. One day I introduce him to a female friend of mine, who I had no interest in. He falls in love, but she had a thing for me. He saw me as a threat, and every time I wasn't around he would try to hang out with her, just to tell her a bunch of lies about me. That girl believed him, and spread those lies all around town. People who would meet me at social gatherings would then figure out who I was, and say "I can't believe they said you were this or that. You are such a nice person!"
You know what I did? I never talked to him or her again. I didn't tell them why, I didn't even give an explaination. She stopped being his friend after that. Last I heard, he is VERY lonely, with NO friends, and back to his old life of sadness. He gets together for a boat outing with some senior citizens once a month in the summer, thats the best he's got going for a social life. He hasn't had a girlfriend in years as well. Still living with his abusive mother.
I think the best thing you could possibly do, is to let the cold hard reality of life hit this guy right in the face. Let him see where he really will be without your kindness. Let him see how life is like without caring friends. Don't feel bad for him, don't even pity him. He has no respect for you as a person or friend. Him sending that check to your table was a huge slap in the face. Stay away, and let him deal with the fate he made for himself. His petty gossip and rumors will die shortly after that.
You know what I did? I never talked to him or her again. I didn't tell them why, I didn't even give an explaination. She stopped being his friend after that. Last I heard, he is VERY lonely, with NO friends, and back to his old life of sadness. He gets together for a boat outing with some senior citizens once a month in the summer, thats the best he's got going for a social life. He hasn't had a girlfriend in years as well. Still living with his abusive mother.
I think the best thing you could possibly do, is to let the cold hard reality of life hit this guy right in the face. Let him see where he really will be without your kindness. Let him see how life is like without caring friends. Don't feel bad for him, don't even pity him. He has no respect for you as a person or friend. Him sending that check to your table was a huge slap in the face. Stay away, and let him deal with the fate he made for himself. His petty gossip and rumors will die shortly after that.
Tiervexx
New member
AAP said:
See to it that he is never able to walk again. Seriously.
Debts are the most important moral obligation BY FAR in my opinion (often it is the only one I take seriously). If someone lends me a nickel it will eat away at my sanity until I can pay it back.
"Person B" is a subhuman peace of rotting shit and deserves to be treated as such. After what you did for him he should be willing to help you move a body and take it to his grave.
Monkey Pox
New member
Good grief, Nelson Mandela was in prison for 27 years and tortured and he didn't kick anyone's ass when he got out. It's nothing in the greater scheme of things. Move on immediately and don't let it sweat you, you got things to do, go do 'em and don't let it take another minute out of your life. That's some grown up stuff there.
Either that, or toilet paper his house and then have pizzas delivered to him, followed by two wedgies, two bouts of cooties and four flipoffs and one burning bag of crap on his front doorstep.
I prefer the first approach though since it's a lot less effort.
Either that, or toilet paper his house and then have pizzas delivered to him, followed by two wedgies, two bouts of cooties and four flipoffs and one burning bag of crap on his front doorstep.
I prefer the first approach though since it's a lot less effort.
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