Ask a Lawyer and Get Answers to Your Legal Questions
I'm here to answer your questions.
okay. Nice to meet you
Slander is actually the spoken form of defamation. You are actually referring to something known as "libel."
Are you a public figure or celebrity?
No, I am a student in university.
Very good, the reason I ask is because there are different standards when one is in the "public eye."
On what forum was the libegl stated?
I think it is on the internet
Have you actually seen it?
No, I have not started to collect evidence yet
How do you know about it?
my roommate mentioned it
OK. Before you say more about it, I want to caution you that this is an internet forum, so what we say here is not under attorney client privilege.
I can only give you general advice on what you need to do. OK?
Give me a few minutes to look up the exact law for you.
Please Stand by
okay, thank you.
OK. I'm going to give you a link that I want you to read through after we are through here. This gives you a good summary of defamation law in California.
The link is
Before you go to that, let me take you through the steps you need to do\
The first thing is that you need to assess what actual damage has been done to you as a result of the defamatory statement
Have you lost any money, or is it only damage to your reputation which has occurred?
most people know me do not want to talk to me. the slander words is gonna destroy my social network
OK. So this is reputational damage, which qualifies under the law as something you can sue for.
The next step is that you need to identify the defamatory statements
You need to make sure that the things that are being said are untrue.
Truth is an absolute defense to a charge of defamation, unless it is said in violation of your privacy rights
The step following that is to identify the person saying these things.
you mean I need to get the evidence, and prove to people the slander words are wrong
You do definitely need to gather the evidence. This will be copies of the defamatory statements. Most importantly, you need to identify the person who is posting the defamatory statements on the internet.
This is usually the hardest thing when we are talking about defamation on line
okay, I got
OK. Once all that is done, you don't have to prove that what they said is untrue.
what if they deleted them?
If you cannot find the defamatory statements in a published format, then you need the sworn testimony of someone who read the publication.
You said your room mate saw it?
many people read them
it spreades widely
Your roommate's testimony (or affidavit) along with anyone else who saw it can satisfy your evidentiary burden to prove publication.
Once you have identified the person stating the defamatory remarks, you need to send a certified letter to them demanding that they stop making the remarks and make a public apology.
Set a time limit for their response.
Do I only need to find one people, or I have to find more?
If they miss the time limit, then you need to go an file suit in small claims court, or get a lawyer to handle a superior court filing.
the more evidence you have the better.
If you can't find an actual print out of the statement, then you need to get as many witnesses as possible.
OK. that's all I have. Do you have any additional questions?
okay, I know
Yes. is there any way to find the statements even if they deleted them
Yes there is. Anything that is placed on a computer is stored somewhere. It may be on the server of the internet social network where the person posted it. It will also be on the person's hard drive. So, it is possible to find it once you have the court's discovery power invoked.
However, it is extremely expensive to do these type of discovery requests.
Essentially, you need to seize the person's computer and take apart the hard drive for inspection by a computer expert
okay, finding witness may be a cheaper way.
Do you think how much I need to pay for the whole process?
It's hard for me to say. Since you have reputational damage only, you would have to pay an attorney a retainer fee to do the lawsuit for you.
Generally, a defamation lawsuit will start with a retainer of at least $5,000.00
You may be able to negotiate something cheaper
But that all depends on who you find to represent you.
I would start by calling "Plaintiffs" lawyers or "trial lawyers" around your town and asking them for a consultation.
Again, you can bring the suit yourself in small claims court
I understand. Thank you very much!
If there aren't any further questions on this matter, please show your acceptance of my work by clicking accept so I may receive credit. Good luck with everything. I hope you find the person who did this to you.
I hope so. Thank you again!