QUESTION
Can my ex sue me for defamation and slander?
Asked on Oct 15th, 2012 on Divorce - California
More details to this question:
I went through a very messy separation with a ex-fiance. He cheated, was a pathological liar, hit me (but I never reported it) and was just awful. In the height of my anger after we separated, I posted him on a website warning others about him. He found the post and told me he's suing me for defamation of character amongst other things. I have paid to have the post completely removed and there's no trace of it. Could he still sue me?
6 ANSWERS
You didn't mention what you put on the Internet. It would be best for you to contact an attorney who handles personal injury lawsuits rather than look for a divorce lawyer to handle this matter for you. Remembering back from my law school days, I remember that there are some defenses you can make in this type of a case. The case would be handled in the general civil courts and not in the divorce courts.
Answered on Oct 16th, 2012 at 12:12 PM
You can not be sued if the information that you deciminated was true. Further, if the information is no longer out there then he would have some difficulty in proving any damages.
Answered on Oct 16th, 2012 at 12:08 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Someone can always file a lawsuit. Filing does not mean that they win. However, putting things on the web is not a good idea because it never disappears.
Answered on Oct 15th, 2012 at 7:04 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He can sue you, anyone can sue for anything. He would have to prove injury to his reputation. (Some may depend what you said about him.) He could get damages, but he might have a hard time getting money from you. To really get damages he would have to prove injury to his reputation. He may have to pay $ up front to get a lawyer.
Answered on Oct 15th, 2012 at 7:04 PM
He can sue you, but he can't win. Posting him on the Internet was a poor plan but fully understandable.? What you can't do is to just sit there and not defend the lawsuit he has filed. Once you are served, either hire counsel or answer the complaint yourself. Remember that truth is a complete defense.
Answered on Oct 15th, 2012 at 7:03 PM
Michael Paul Vollandt
Yup he can. I do not know what his damage would be? I think he is wasting his time but it is his right to try. If you win on the merits then the shoe may be on the other foot.
Answered on Oct 15th, 2012 at 7:03 PM