i had to file a complaint on a girl for calling my job and threatening me that she was going to mess me up that she knew where i lived and worked which i dont know how. its a friends girlfriend whom i dont know.needless to say me and him are friends and nothing more. The detective told me that she hung the phone up on him then he called her againa and she said that i sell drugs and was going to call the prosecutor on me. none of thes statement are true they are false accusations. is there any way i can prove defemation of character or a way to do something for blackmail?
State/Country relating to Question: New Jersey
Hello,I am sorry for your situation. Yes, you can technically sue her for Defamation. In New Jersey, the elements of a defamation claim are: a false statement about the plaintiff; communication of the statement to a third party; fault of the defendant amounting at least to negligence; and damages suffered by the plaintiff. See DeAngelis v. Hill, 847 A.2d 1261, 1267-68 (N.J. 2004).She technically defamed you. In addition, accusing someone of a crime is arguably defamation per se, which means damages are assumed. You may also file an additional claim of intentional infliction of emotional distress, based on her "based on extreme and outrageous conduct." Hume v. Bayer, 428 A. 2d 966 - NJ: Superior Court, Law Div. 1981.I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:http://www.justanswer.com/law/expert-elyJD/
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thank you i just dont understand because the detective told me this. im just really scared i dont think she has any money to sue her.
Just because she said it does not make it true. However, if the detective is taking her at her word, it may be wise to retain an attorney if the detective wishes to speak with you down at the station.
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