I am in a small claims suit with a client who has charged that the installation of a door on the front of her house was not installed properly. I won in small claims court, but now she has hired an attorney to go to appeals court rather than paying me the $2000 balance. In the meantime, she told her daughter who was a real estate client of mine that at night while showing her friend my board shutters on the exterior of my house (IN THE DARK!!!)...she looked through my dining room windows to the inside of my kitchen and saw me kissing my boyfriend in front of the frig. That part could be true...however...she named me "Stripper" and started referring to me by that name in front of her daughter. I was fully clothed. Is this some type of defamation of character? I am in Georgia. She is spending more on attorneys rather than pay me.
She is starting to scare me. She blocked my access when leaving the parking lot after court by pulling her car in front of my car and just sitting there to intimidate me. She has started to scare me.
Country relating to Question: United States
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Defamation is defined as a false statement communicated to another person that damages your reputation by exposing you to hatred, contempt, or ridicule from other people.There are two parts to proving defamation. 1. You must prove someone else made a false statement of fact (not opinion) to another or others. 2. You must prove that the statement has harmed you in some way.If the speech is not a claim of fact (like an opinion), its typically not defamation.But like in many areas of the law there are "shades of gray"Example A tells B "C is a pedophile". That would not be taken as an opinion in most cases (unless you could show it was done in jest).howeverA says to B "C creeps me out". That would likely be taken as a subjective opinion...and not subject to defamation.Now, the tough oneA says to B "C creeps me out...I think he may be a pedophile"....now your moving towards a statement of fact...context will be important...but the more the statement, in context, tends to to indicate that what A says purports to be fact...that moves the case closer to a valid defamation suit.SO the context of this statement is important. If she is telling others you are a stripper or implying you engage in this activity (while not illegal, it certainly is viewed by many as immoral) that would be a false statement of fact.If you can show your reputation has been harmed? Then you have a case to sue for defamation.
She did this to ridicule me. Her daughter thought it funny and called me that name while I was working with her. I did not think it funny and neither did my boyfriend. I think she wanted to suggest that I was unclothed which was not the case. She wasn't looking at shutters at night...she was peeping into my house.
ThanksIf this harmed your reputation at all, you have a claim for defamation and you can hire a lawyer and sue.Again, the elements are that she made a false statement about you and that it harmed your reputation.
Law Degree, 12 Years of trial experience
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