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I live in Fulton County Georgia. Yesterday a friend and neighbor

called my another friend and...
I live in Fulton County Georgia. Yesterday a friend and neighbor called my another friend and neighbor and stated that she should be aware that I am a sexual Predator and a Stalker along with other negative random comments. I am male, she is female. She also indicated that she had filed a complaint and wanted my neighbor to be aware that the police would be showing up.
I went to my local Police Dept first thing this morning and told them what I had heard and asked about a report. As it is, she did file a report that reported her accusing me of Harrassing Phone calls. The clerk quickly pointed out that the report had be closed out as "unfounded". Given the nature of the accusations I was advised that it might be in my best interest to obtain a lawyer and get a letter sent to her to prevent further comments that are harmful to my wife and family.
I'm lost and all my wife can do is dwell on the fact that this has happened.
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Answered in 10 minutes by:
4/17/2013
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
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Hello,

If you are not a registered sex offender, then the neighbor's comments are defamatory, which could give you a legal action against the neighbor for something called malicious prosecution.

You can't sue directly for defamation of character unless and until the neighbor starts accusing you to persons other than law enforcement.

It's possible that a short letter from a local attorney could cause the neighbor to stop the bad actions. The threat of legal action can operate both ways: if the recipient is paranoid, then they are likely to shut up immediately. If they are obsessive-compulsive, it may cause them to increase their bad activity -- which ultimately could give you grounds for the defamation action.

BotXXXXX XXXXXne, I don't think you have much to lose by hiring a lawyer to write a letter. This is not something that we can do in this forum. We "justanswer" questions about the law. If you would like to proceed, then for a competent civil tort attorney referral, see this link.

Please let me know if my answer is helpful, and if I can be of further assistance.
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Customer reply replied 4 years ago

I am not a sex offender or predator. The information that was passed on regarding her statements was through a neighbor which means she has said these things to at least one other party. The neighbor initially called another neighbor who then called my wife. My wife is horrified that she has said these same things to others in and out of our social circle. I tried to contact the husband last night through phone, email, and text to try and keep this issue from becoming worse, but he will not respond. I was informed today by the Police Dept to have no contact from any member of my family with their family.

If you have non-law enforcement witnesses willing to testify that the neighbor made these false statements about you, then you have a clear action for defamation of character. As a private person, you do not have to prove that you are damaged by the false statements. You only need to prove that the statements were made and that they are false.

If the neighbor owns real property with equity value, and your witnesses are credible, then you may be able to find quite a few attorneys willing to take the case on contingency (no up front fees; 33% of the recovery). I don't want to make this seem like a "slam dunk" case, but your neighbor may become your tenant in the near future, because you may end up owning her home.

Hope this helps.
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Customer reply replied 4 years ago

Thanks. This helps. The real struggle I have is that the person has been a friend and is apparently gone off the deep end.

I understand. However, the person's mental incapacity does not necessarily relieve them of their liability for defamation. As I previously mentioned, it may be that a letter from a lawyer will shut the person up. If not, then you can sue. You know the old saying, "With friends like this, you don't need enemies!"

Best wishes.
socrateaser
socrateaser, Lawyer
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