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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17080
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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My question is in regards XXXXX XXXXX something about someone

This answer was rated:

My question is in regards XXXXX XXXXX something about someone else, i like for my question and answers to be private

WALLSTREETLAW :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

WALLSTREETLAW :

What is your question?

Customer:

hello,

WALLSTREETLAW :

yes

Customer:

our converstion will our remain private?

WALLSTREETLAW :

yes,

Customer:

will our* sorry have a little one hitting my keys

WALLSTREETLAW :

I will advise the customer service office to make it private and not disclose any identifiable information

Customer:

ok thank you

Customer:

i said something about someone in a very nasty way. My husband had relations with another woman an got her pregnant while i was still pregnant. Can i be sued for defamation?

WALLSTREETLAW :

Typically this would not be defamation, you are entitled to your opinion,

WALLSTREETLAW :

Typically, the elements of a cause of action for defamation include:



  1. A false and defamatory statement concerning another;

  2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);

  3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and

  4. Damage to the plaintiff.

Customer:

ok even if it was posted on my facebook page.

WALLSTREETLAW :

If you posted something false about her, and she can prove she suffered some damage, it may be possible however it would have to be proven to be false,

WALLSTREETLAW :

and that you should have known at the time it was false,

Customer:

with her picture i was really angry, this is what i said "this is the whore my husband decided to impregnate while i was still pregnant. I guess bastards will be bastards. I guess it was an easy vagina" like i said i was really mad

Customer:

plus my baby is only 3 months and my hormones are still a little crazy. i know that is no excuse.

WALLSTREETLAW :

Was the comment removed?

Customer:

yes i removed it right away

Customer:

but she did she it. i was not my intend for her to see it.

Customer:

intent*

WALLSTREETLAW :

I doubt she would sue you for it, as it was removed soon, and her damage is limited,

WALLSTREETLAW :

also you have a strong argument this is your opinion and no one reading your statement was assert that you are claiming a fact about her,

Customer:

i heard that her mom is trying to do something about it. This other woman an i have messaged each other and i was so upset that i called her a whore a the baby a bastard but that was not published it was through an individual conversation.

WALLSTREETLAW :

A defamation case would cost her 10-15,000 in legal fees, I would not worry

WALLSTREETLAW :

stating she is a whore would be an opinion and she did get pregnant,

WALLSTREETLAW :

while you were pregnant,

WALLSTREETLAW :

if that was false a defamation case would be easier for her,

Customer:

plus to my understanding she is having my husband's child and even my husbands family admits it by stating that they love theisr soon to be grandchild

WALLSTREETLAW :

If anything you may want to post an apology on facebook, if you are worried,

WALLSTREETLAW :

In terms of legal action it would be rare,

WALLSTREETLAW :

I would not worry, and any statement you made would be considered an opinion, and you would have a defense

Customer:

i have said a lot about her during my anger moments but that has been between my husband and i.

WALLSTREETLAW :

that is fine,

WALLSTREETLAW :

for a defamation case to be valid it has to be published so others in the community can read it or hear it,

WALLSTREETLAW :

and she must prove damage

Customer:

even though i posted it on my facebook page? im pretty sure other people saw it. not sure about her community.

WALLSTREETLAW :

yes,

WALLSTREETLAW :

a defamation case is possible, however the fact it was removed, and the fact that you did not make any false allegation that anyone would take as fact,

WALLSTREETLAW :

would make such a lawsuit rare,

WALLSTREETLAW :

also if it was taken down, her actual claim of damage is limited.

Customer:

she cannot say i damaged her reputation when she already slept with a married man while his wife was pregnant and according to what im told she is engaged to another man.

WALLSTREETLAW :

if you put her picture up and stated she got pregnant from my husband on purpose, and she was not pregnant that would be defamatory as it is false,

WALLSTREETLAW :

yes,

Customer:

ok thank you.

WALLSTREETLAW :

good luck, and if you have any further questions please do not hesitate to ask.

Customer:

I will not worry for now then. Thank you. This conversation will remain private, am i correct?

WALLSTREETLAW :

Yes, I will ask customer service to make it private and not to have any names disclosed,

WALLSTREETLAW :

or emails,

WALLSTREETLAW :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

Thanks i will

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