Law-Forums.org

[marmion]

My ex-girlfriend treated me very badly. She also owes me well over £1000 (a loan which she agreed to repay). Now she is totally ignoring my requests for repayment. Unfortunately, she lives in another country and I can not take her to court to get my money back.
The only option I have is to create a website, which states embarrassing but TRUE facts about her (no nude photos or anything like that), and threaten to send the URL to all her family and friends if she does not repay me. It seems like this is the only "hold" I have over her.

What I want to know is - am I safe from being sued? How legal is my idea? I will be very careful not to say anything which is not true. No time-wasting answers please - only people who know about libel & slander law in the UK. Thanks!

[dallen47]

It's called blackmail and it's not legal. I'm not from the UK, but libel and slander are not the issue here. Yes, it's true, but the blackmail isn't legal. You might see if there is a collection agency that work internationally.

In the US, and probably the UK since the legal systems are similar, she would have to prove it is false. A lot of it is opinion and that would be grounds for defamation, since it can't be proven or disproven. Of course, she would have the same challenge in suing you as you have in suing her. Of course if she does sue you and shows up in court there, you could serve her with lawsuit papers for the debt.

Don't stoop to her level. But it could come back to bite you since people will figure out you are doing it and think less of you for it. If you publish it, it still won't get you your money and decreases the likelihood that you will ever collect.

Accept that you will probably never get the money and learn a lesson.

[lifton]

As long as you can back up what you are saying with evidence you will be ok. If you have no evidence and its your word against hers then you are in dodgy territory

[wardell]

Well yes if you have embellished things.

The greater issue is why would you want to?

[seager]

grow up and get on with your life.

[arrigo]

The website is fine if it's true. Your problem is that's blackmail.

"Blackmail is the crime of threatening to reveal substantially true information about a person to the public, a family member, or associates unless a demand made upon the victim is met. This information is usually of an embarrassing, socially damaging, and/or incriminating nature. As the information is substantially true, the act of revealing the information may not be criminal in its own right nor amount to a civil law defamation; the crime is making demands in exchange for withholding it. English Law creates a much broader definition of blackmail, covering any unwarranted demands with menaces, whether involving revealing information or not."

[felabeorbt]

In all countries, truth is an absolute defense against libel and defamation suits.

[vemados]

I see your in the UK but a person in the US can sue for defamation of character as you stated here.

[nemausus36]

like the other answer if you can prove what your saying and it is true it is not slander or defamation. again like the other answer why? be happy she didn't rip you off for more money. happiness and success is the bets revenge let it go and forget about it. move on buddy.

[tripp]

oh dear.

Even if she were in this country and you took her to court you would not get your money back unless you had written proof that the money was a loan. Where people 'lend' money to people with whom they are having a personal relationship the law assumes that that money is a gift unless there is strong proof otherwise.

I agree this is blackmail. Should you go ahead and publish the website, she would be entitled to ask for it to be removed - which it would be and there may well then be action taken against you. Not for libel but for extortion.

I'm afraid this is another of those 'life' lessons - do not lend money even to a spouse/girlfriend/boyfriend/family member unless you can afford to not get it back or you enter into a formal legal agreement.