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How can I litigate against malicious slander?

  
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How can I litigate against malicious slander?

Postby kendrix » Fri Jun 22, 2012 8:01 pm

A family member has told all other family members a vicious lie, several actually. They can be shown to be wrong, with some expensive medical tests. Can a person be sued for false accusations? Such as claiming a person shoots up heroin when they never had or would? I don't have a lot of money to put up front but this has got to stop.
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How can I litigate against malicious slander?

Postby ricard83 » Fri Jun 22, 2012 8:07 pm

You litigate by hiring a lawyer.
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How can I litigate against malicious slander?

Postby siuaghan » Fri Jun 22, 2012 8:13 pm

Were there any material damages? Meaning, was money lost? A job lost?

"Reputation" or "feeling bad" are not material damages, unless there's an actual loss.

No loss, no lawsuit.
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How can I litigate against malicious slander?

Postby delron » Fri Jun 22, 2012 8:23 pm

You COULD, but you have a shaky case. First of all, you have to prove they KNOW for a fact it was a lie. If they believe you are a heroin addict and say so, then they're not slandering you unless you can prove they know for a fact you don't do heroin. Pretty hard to prove that.

Also, you would have to prove financial damages, and you haven't suffered any by having this told to your family members. If they said it to a potential employer and it cost you a job, you might have a case, but again, you would still have to prove that they knew they were lying.
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How can I litigate against malicious slander?

Postby kendon19 » Fri Jun 22, 2012 8:27 pm

You don't have a case unless you can prove monetary damages. You must show that their lies actually caused you a quantifiable harm.
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How can I litigate against malicious slander?

Postby josephus » Fri Jun 22, 2012 8:33 pm

You can't sue. Unfortunately this is not Defamation or Sander.
Here's why, it is only defamation/slander if it is said in a public place, or published anywhere.

from what you told me, by telling this to another family members or all members within a family, you are not able to sue them in a court of law.

regards,
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How can I litigate against malicious slander?

Postby troyes » Fri Jun 22, 2012 8:39 pm

Of course, you can sue. The real question is can you win.

If the false statement has cost you materially (wages, investments, damages), you will need to prove the value of the loss. If you cannot prove loss, you will not win the case.

For a matter as complicated as slander, you will need to hire an attorney to advise and to represent you. If it is important to you, you will consult your attorney.

If it is not important to you, the guesses from strangers online should be sufficient.

If you know the truth, and if it costs you nothing, why do you can what idiots say about you or why other idiots listen to the lies? Just because they are related to you? Who cares?

Just live your life without those losers. Cut the ties until they can prove they are worthy of your friendship. There are other, more entertaining places to have Thanksgiving dinner.
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