Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation.Can I sue for defamation and what would be my chance of winning?
If one wishes to pursue a suit over this, then the chances of success are actually pretty good if what they had written was false.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
This may be cause for defamation
. The common law elements of a defamation action in New Mexico include the following: (1) publication to a third person (2) by the defendant (3) of an false fact (4) of and concerning the plaintiff (5) that is capable of being injurious to the plaintiff.
Arguably, they have communicated a false fact (or false facts) to a third party which may cause you injury. Thus, defamation is actionable here.
An attorney is recommended, of course. You can begin a search here
. Good luck.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating