a man want to make civil case against me because i phoned his wife at 10pm on a friday
Good day. This is an info request to assist you better. Please continue on this thread.What would be the basis of this claim? That you are the reason for their divorce or that you said something to her?
he said i destroyed his marriage
I phone her to talk about my business i have openend. I used to speak to her when we worked together during 2010 about this business. The last time before this friday i spoke to her was one year ago. So, when i phoned her we started speaking for some time about the business. this was around 7pmLater that evening around 10pm I phone her again. and she did not answer. I phone a total of three times. The last time a man answered and i was shocked because I did not know she was in a relationship. I then put the phone down.He then phoned me on the monday to say that i have caused him damage in his marriage and he wants to make a civil case.. We have now been talking and he said he will let it all go if I pay his lebolla for his first wife. otherwise he will put it in the newspapers etc. He have given me a day or two to decide. Can you believe this!?I dont want to make a spectale out of this, i dont want to be in newspapers but to pay for his 10 cows for his wife??I need help on this, please
From the information you provided, I cannot see how this man will be successful in proving what he claims. You can tell him the following:1. That you did not and will not have a relationship with his wife and that your contact with her was for business purposes only.2. That if he sues you for damages, you will defend it and ask the court to give you a cost order for whatever legal costs you spend on the matter, as this would constitute malicious litigation.3. That, if he puts anything in the paper about you that is untrue and defamatory, you will sue him for defamation of character and that you will also lay criminal charges against him for defamation of character.4. That you refuse to pay him anything at all.
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When we were busy negotiating over the phone, i apollogised for phoning her. He then indicated that he have been recording our coversations. Is my apology a submission of guilt?
At worst, it is an admission that you have called her. I cannot see how he will be able to prove that you have wrecked his marriage with one phone call in which business and business assistance was discussed. It was not as if you enticed her to leave him, which is what he needs to prove.
L.LB, Civil and criminal litigation, contracts, labour and family law
He says because i phoned late at night and because i did not answer when he picked up that i damaged his marriage. ?
He can say it, but that does not necessarily mean that it is true. Ignore it, unless you receive a summons or unless he publish these things in the paper. If he does publish it, go see a lawyer to sue him for defamation of character.As far as I can tell, there is no legal basis for his claim.
I did tell him what you suggested and asked him to meet me and my lawyer. He does not want to do that.But now his wife phones me and says that we did have a relationship! It is a lie but what now? She says that she must pay back the lebola to her husband and says I must pay it..What now?
They would still have to prove the relationship. It sounds to me like they are trying to scam you. Let them take action against you. Do not communicate with them any further. You have said what you wanted to say and repeating it to them over and over again just keeps them in your life longer. Do not take any calls from them and refer all calls to your attorney.
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