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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34744
Experience:  16 yrs. of trial experience
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can I sew someone for false accusations

Resolved Question:

can I sew someone for false accusations?
Submitted: 8 years ago.
Category: Legal
Expert:  P. Simmons replied 8 years ago.
Can you tell me what state this happened in and what happened exactly?
Customer: replied 8 years ago.
I think I just lost everything I was typing when I did the spell check thing. Did you get any further info from me yet
Expert:  P. Simmons replied 8 years ago.
Sorry it is all gone

if you can give the state and brief description I can likely assist
Customer: replied 8 years ago.
State of Texas. My son has been in the US Army since 6/25/08 and was home this past 2 wks before he ships to South Korea. We had to take him to Dallas Texas 1/31/09 to catch his flight. Well the night of 1/30/09, our neighbors had some vandelism at their house. They have for some reason convinced themselves that my son did it. The 350lb 6 foot 4 man starts hollering at my 150lb 5 foot 10 husband and accusing my son of the vandelism. The man assaults my husband. They called the police which so did we. The police get both our stories. Even questions my son. Long story short, they wind up handcuffing the neighbor for assaulting my husband. They took pictures of my husbands back, knees, and elbows which was proof that he was in deed assaulted by the man. After talking to my son, they wished him a safe trip and thanked him for serving our country. He is now in South Korea. We have been harrassed everyday by the neighbors since Saturday. Today I call the Seargent that recruited my son to find out what my son needs to do about filing his taxes. My son left right out of high school to go to the Army and I know he doesn't know anything about filing a tax return and me and my husband aren't sure how or what to do since he is in the Army, so I was just gonna check with the Seargent to see what we need to do. He proceeds to tell me that the neighbor called him Saturday morning 1/31/09 to tell him that my son vandelized their property and what could he do about it. Of course the Seargent told them he was a recruiter and couldn't do anything. That to me is simply FALSE ACCUSATION and I want to know if I can do anything about it. Not to mention the continuous harrassment we are going thru. can I legally do anything
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to assist

This would be a false allegation, against your son...but your son would have to take action on it.

He could press a defamation suit

more info here

But the fact that the SGT blew the guy off leads me to believe that he did believe the man and that really there was not any effect.

I would recommend you contact law may be able to have them place a temporary restraining order against this guy, who seems a bit unstable

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Customer: replied 8 years ago.
what exactly did you mean about the Sgt blowing him off?   Are you saying that the Sgt thinks that my son did it?
Expert:  P. Simmons replied 8 years ago.
NO, from your description it sounds like the Sgt was wise enough to understand that this guy is not telling the truth

Customer: replied 8 years ago.
So my son would have to do the defamation suit. I can't do it for him, huh? No reason for my son to do it cuz he is now in Korea and really doesn't care anyway except for the fact that they are harrassing us about it. We have an 11 yr old who is getting harrassed about it also.
Expert:  P. Simmons replied 8 years ago.
You can retain an attorney but you can not do it yourself.


P. Simmons and 2 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Thank you so much for your help.
Expert:  P. Simmons replied 8 years ago.
welcome. Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.