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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, thanks in advance for the help. Is it defamation of

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Hello, thanks in advance for the help. Is it defamation of character to be falsely accused of harassment by having to appear at an injunction hearing for attempting to serve legal papers with my process server for a small claims judgment against the person. Also is it worth it, meaning estimated chances of winning to file a case in small claims court especially if I believe the person is collectable.
A false accusation of harassment in a court proceeding does not qualify as defamation of character.Under current Wisconsin law, statements made by witnesses in judicial proceedings are absolutely privileged and cannot be the basis for civil liability for defamation or perjury, if those statements are relevant to the issues in the matter where the testimony is given. See Spoehr v. Mittelstadt, 34 Wis. 2d 653, 661, 150 N.W.2d 502 (1967); Keeley v. Great Northern R.R. Co., 156 Wis. 181, 187, 145 N.W. 664 (1914); Schultz v. Strauss, 127 Wis. 325, 328, 106 N.W. 1066 (1906); Calkins v. Sumner, 13 Wis. 193, 196-97 (1860).

That being said, you should move for costs and attorneys fees for the Injunction proceedings as being brought in bad faith.
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