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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My husband has a mortgage with a small bank and had a

Customer Question

My husband has a mortgage with a small bank and had a savings account with them. Over the three years we have been together we have had some financial ups and downs, the lender in charge the mortgage has personally harassed and attacked him, myself and his family, making personal comments about or character and life choices. Most recently they closed his savings account for being overdrawn and told my husbands mother it was because the FBI was investigating me and that they needed to get a lawyer for my husband and he should separate from me. This was a lie we called and verified with the FBI from our state division they practically laughed at us. . . I have had it the bank employees have gossiped about our financials in the community, this man has harrassed us, and now is telling blatant lies and I am not even a client there my husband is, There has to be something we can do or some sort of protection from this man. It has caused a great deal of stress and family turmoil.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

if what you say actually transpired---that the bank employees told your husband's mother that the account was closed because the FBI was involved---and if your mother-in-law was not on that closed account with you, then the bank violated your and your husband's financial privacy rights as well as committed serious Defamation.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse to bank fraud.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.

Additionally, you can sue the bank and the employees for violation of your financial privacy and seek both damages for actual losses as well as punitive damages for violations of your rights and seek attorney fees in the lawsuit as well.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

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