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Hi my name is XXXXX XXXXX my question is this. Can my husbands

Hi my name is XXXXX...
Hi my name is XXXXX XXXXX my question is this. Can my husband's ex-wife sue me for libel and cyber bullying as she claims I was doing when I put a negative not nasty, but all true facts, message on her new husband's adult daughter's Facebook. I was merely letting this women know what kind of person her father married. My husband's ex-wife is a cheater, habitual liar, thief and she texts nasty messages to us both. So, I did retaliate and sent a Facebook message to her new husband's adult daughter. Now she claims we will be hearing from her attorney this coming up Tuesday about a lawsuit. I thought this is a very expensive legal procedure and she doesn't have that kind of money and neither does her new husband. Does she have a case? I live in Florida.
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Answered in 8 minutes by:
9/22/2013
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

No, the statements that you made would not constitute libel, defamation, or cyber bullying.

The statements you made that she is a liar, cheater, and thief, are all opinion statements and are not the type of statements that can be the basis of a defamation cause of action. You would have need to have made a FALSE statement of fact in order for her to have a viable claim for defamation against you.

This would entail something specific that you said that she can PROVE is false. For instance if you wrote that she killed her brother (and he is alive and well) that would constitute defamation. And, as you stated, if all the statements you made are true, she wouldn't have any cause of action either.

Defamation is an extremely difficult and expensive cause of action to prove, and it is highly unlikely she has found any attorney to take the case. In addition to not having the essential element of a cause of action, it would be difficult for her to make out any claim of economic damages as well if you only posted this on her new husband's adult daughter's page.

Cyberbullying is not a tort itself, and isn't a separate claim she can prove. It would be limited to her cause of action for defamation.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph
Joseph, Lawyer
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Customer reply replied 4 years ago

Ok, great the only think that I said in the Facebook message is the she bankrucpt 4 of the 5 husbands she was married to. That was based on her 5th husband which is my husband now, he said this to me. This is the only statement that I am not sure is true. But everything else is true a very proveable. You said she probably couldnt find a lawyer to take her case, what about her going to the state attorneys office with this and getting a retraining order as she has threatened many times to do.

Customer reply replied 4 years ago


I was wondering if you replied to my reply to your answer. I have not received it yet.

Definitely not. Unless you made imminent threats of physical violence she doesn't have a valid case for a restraining order against you.

The only thing that you're probably running afoul of is Facebook's terms of service. And, I would still strongly suggest that you do not post anything further on the adult daughter's page or elsewhere to ensure you will not have any future complications.

The bankruptcy statement would probably not be taken to mean that they literally all had to go through bankruptcy, so you shouldn't have any issue with that. And, again, there's not likely to be any provable economic damages regardless.
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Customer reply replied 4 years ago

Ok, thank you! You have been extremely helpful and maybe now I acan sleep. Yes I will not write any more to her new husband's daughter. This only a one time thing. Thank you again for all your help! Have a very nice evening.

You too! Thanks and happy to help. Have a great rest of your weekend!
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Joseph
Joseph
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