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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29259
Experience:  29 years in civil, probate, real estate, elder law
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Weve been in a civil suit brought upon us by a neighbor. We

Resolved Question:

We've been in a civil suit brought upon us by a neighbor. We are defendants, pro se. We are almost to trial. Long story short, they've taken zoomed, invasive photos into our yard for going on 4 years, and have gotten an injunction to have our yard wiped clean.

My husband records the progress he makes via photos and video since they claim nothing is being done. A few evenings ago, both the husband and wife (plaintiffs) were getting out of their pool and saw my spouse with his camera and assumed he was taping them and both shouted, "Your f**ker, turn that f**king camera off you f**king child raper, you want to rape my child don't ya?" They both yelled it a couple times as loud as they could and it was on the video when my spouse came inside.

I am so upset with the lowest blow and deepest.lowest thing someone could say to another person. 1. I thought they weren't supposed to talk to us as they have a lawyer. 2. My spouse has no record and would never think of such and awful thing. 3. Now it makes sense why so many neighbors have turned their heads away when they see us.

So far this has been a civil suit. Much of it has not made sense to us. A neighbor moving in that we never had contact with suing the crap out of us to clean a yard they can't even see. Now we hear this. We know they have talked to neighbors because they say so in the court papers. We have to wonder now if they have accused my spouse of horrible acts like this to the neighbors?

Where do we go from here if at all?? Is this slander?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good evening.My sympathy here for your dilemma and situation.

RayAnswers :

Yes if the neighbor here has made false statements to other third parties either orally or in writing this this would be defamation.You would be able to sue and pursue them here for such defamation.

RayAnswers :

Arizona law here allows for the following damages when deliberating a defamation case:



  1. Reputation impairment

  2. Impairment of community standing or future standing

  3. Emotional distress

  4. Humiliation

  5. Inconvenience

  6. Anxiety and future anxiety

  7. Monetary Loss


Punitive damages are also allowed in slander and libel lawsuits.

RayAnswers :

You may want to consider a local lawyer to pursue damages.The lawyer will send a demand letter including cease and desist language.If not resolved you may file suit in this situation.

RayAnswers :

The lawyer here might take this contingent fee so you would not have to pay until there is recovery made on your behalf.

RayAnswers :

Libel is written defamation; slander is defamation by speech or another transitory form..

RayAnswers :

Both can be recoverable in Arizona in a civil suit.

RayAnswers :


In your situation you may bring an action for libel or slander if the comments are so reprehensible and false that they affect your reputation in the community or cast aspersions on you.

RayAnswers :

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

RayAnswers :

Here is lawyer referral for you.

RayAnswers :

Arizona


 









Maricopa County Lawyer Referral Service
Phoenix, AZ
Phone:(NNN) NNN-NNNN
Toll free:(NNN) NNN-NNNN
Counties Served: Maricopa



 


Pima County Bar Association LRS
Tucson, AZ
Phone:(NNN) NNN-NNNN
Counties Served: Pima

RayAnswers :

Thanks again.

RayAnswers :

Reference to defamation.

RayAnswers :

It has been my pleasure to chat here.Let me know if you have more follow up.I hope you will consider pursuing this defamation case.

Customer:

Thank you very much. Are we able to wait till this current situation is complete or do we have to file this now and separately? We have been unable to find a lawyer to take the current situation. I am Christian and have prayed and prayed so much about this at times I feel my faith is at doubt but then I have to believe God has a purpose for this burden we are enduring. So far, it seems that if one has money, you can lie, cheat, perjure yourself and win over someone who tells the truth but can't afford a lawyer. I'm hoping somehow, in the end, a Christian lawyer will cross my path and take this on contingency and right the wrong brought upon an innocent man.

RayAnswers :

You have one year from the date they defamed you.It's pretty short here in Arizona for this kind of suit.

RayAnswers :

Reference.

RayAnswers :

Arizona (AZ) – Libel or slander: 1 year

RayAnswers :

I would give lawyer referral a shot to see if they can locate one for you.

RayAnswers :

Hopefully you can find a defamation lawyer contingent fee.

Customer:

Are you in AZ? Do you know any lawyers who have pro bono time or do contingency? Maybe you are not allowed to say here

RayAnswers :

I am so sorry you have had to go through all of this.

RayAnswers :

I hope you can prevail.

RayAnswers :

Thanks again.If you can leave a positive rating it is much appreciated.

Customer:

I thank you from the bottom of my heart. I have to keep believing the truth will eventually win. I appreciate your time. Thank you for the links and have a good evening.

RayAnswers :

You too.

Customer:

I will leave you an excellent rating

RayAnswers :

Thanks for that too.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29259
Experience: 29 years in civil, probate, real estate, elder law
Ray and 3 other Legal Specialists are ready to help you

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