Slander is a defamation charge, which requires very strict guidelines to obtain a guilty verdict.
1. First, that defendant made a defamatory statement;
2. Second, that the defamatory statement concerned the plaintiff;
3. Third, that the defamatory statement was false;
4. Fourth, that the defamatory statement was communicated to someone other than the plaintiff; and
5. Fifth, that the defendant made the defamatory statement with;
a. (1) actual knowledge that the statement was false, or
b. (2) reckless disregard of the statement’s truth or falsity, or
c. (3) negligence in failing to determine the falsity of the statement.
This means that if you were in jail or prison, their statement was truthful and not defamatory. If this is not true, then you can see from the fifth element noted above the case will turn on fact sensitive issues concerning their knowledge of the falsity. Additionally, when suing any government agency, there are issues of government immunity which will be present which will present unique hurdles to initiate a case. All of these issues would need to be discussed prior to retaining an attorney and pursuing the matter.
With regard to the medicare lien, often there is a filing error or clerical error where medicare. If your case was indeed settled, the proper documents can be found and resubmitted as proof your claim is over.
As an attorney in the private sector, I sympathize with your struggles against government agencies. It is a daunting task and full time job to negotiate and keep them in line. Retaining an attorney to take on this task is often well worth the time money and frustration you will deal with if you handle this matter yourself. Should you wish to discuss the matter further, please feel free to contact my office at 732-797-1600 or visit our firm website at
www.cldds.com <http://www.cldds.com>. We have attorneys who focus on civil, criminal, family, municipal, elder, real estate, tax, and commercial law, and would be happy to answer any questions you may have.
Regards,
Edward J. Dimon, Esq....
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