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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27679
Experience:  Lawyer
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Can i put someone in jail or sue them

Customer Question

can i put someone in jail or sue them for slander
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

In California, defamation is a civil tort. See Cal. Civ. Code, Sections 44-46. As a general rule, yes, a person can be sued for slander. However, not all negative statements fall within the definition of slander. Can you give me more information about what type of statement was made, how it was distributed to others, and how your reputation was affected as a result and what types of harm you suffered?

Customer: replied 1 year ago.
she is saying that i was betting put a little girl and that my husband had to pull me off of her this is not true
Expert:  Lucy, Esq. replied 1 year ago.

What does "betting put a little girl" mean?

Did anyone hear these statements other than you and your husband?

Customer: replied 1 year ago.
she is telling every one this is what i have done for she told cps that i bet up this little girl
Expert:  Lucy, Esq. replied 1 year ago.

Ok, thank you. I'm sorry that this is happening.

That's what's called "slander per se." Accusing someone falsely of committing a crime is so bad, you're actually allowed to sue for damages and the judge will presume your reputation suffered. You just need to establish that the statements were made and other people heard them. You don't even have to prove it's untrue - she would have to prove the statements were true to avoid a judgment.

Expert:  Lucy, Esq. replied 1 year ago.

You're allowed to seek up to $10,000 in Small Claims Court, which is fairly user friendly and does not require a lawyer. Many defamation cases are handled in Small Claims unless the plaintiff lost his or her job or incurred significant expenses as a result of the false statement. The courts have forms and instructions online.

http://www.courts.ca.gov/selfhelp-smallclaims.htm