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My neighbor, who is a prominent restaurant owner, is

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My neighbor, who is...

My neighbor, who is a prominent restaurant owner, is spreading flat out lies about me. He went door to door talking to neighbors and telling them that I was a dangerous person. I don't even know him, only that he lives across the street from me. There are other issues he brought up that aren't true. I came in from work one day and he instigated an argument. He crossed the street from his house just to pick a fight. He is upset with me because I filed an auto insurance claim against one of his friends. His friend backed up and hit my car, which was parked in front of my house at the time. There is no reason for this guy to be angry with me. My business is with the driver that backed up into my car, not him. He threatened to beat me up. He also threatened to call my work and report me. He also said he called the police and told them I was a dangerous person. He is a bully. Thanks. Adam.

Lawyer's Assistant: What state is this in? And how old is the car?

Texas,2013

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have never had any problems here until this car accident.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
12/6/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

This to me sounds like a case of defamation because he is spreading rumors and lies about you. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then the other party may have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

It is probable that none of those six apply.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
none.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

You may want to consider just writing a cease and desist letter telling them to stop. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

Also, I'm glad I could help and the pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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