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I’ve been serve with defamation of character. My Hoa

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I’ve been serve with...

I’ve been serve with defamation of character. My Hoa president called me on the phone and told me that my 11 years old son tried to drown her son at the community pool in our neighborhood and told me that if your son ever touch my son again, I will hurt your child. She repeat about 3 times within that one phone called. My neighbor was with me that time and heard on the speaker phone.I asked her if she got a proof? I also asked her to check the camera since she is the president of the Hoa, she has access to a video footage. I was very furious the fact that she threatened my child verbally that time up to this point. After she watched the video, I got in touch with her and she told me the video was kinda grainy but she can’t really see no activity. But she said she will text me her address and I can come to her house and look at the video . My son strongly denied that happened at the pool. When I got home I wanted to see the video so I called and texted her various times but no response from her. I felt like I needed to put this story up on Nextdoor.com which is neighborhood social wetsite to get an answe. I put down exactly what happened and told that out Hoa president had threatened my child. Now I got serve with the paper to go to the court. I found out that she has a felony of aggravated assault 7 years ago. I would like to know how my case gonna go. Do I have a good chance of winning since I did all this to protect my child? And plus my neighbor who was with me that time already did a affidavits for me about her threatening my child and she is willing to show up at the court. What is my chance of winning?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Georgia

Lawyer's Assistant: What steps have you taken so far?

She asked me to retract it so I did retract everything and apologize for putting her up on social media but it wasn’t good enough for her. She demanded me to say whatever I said was false and I said I M not willing to

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

That’s it

Submitted: 2 months ago.Category: Legal
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Answered in 2 minutes by:
12/21/2017
Lawyer: legalgems, Lawyer replied 2 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,929
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 2 months ago

I am terribly sorry to hear this; that must have been an upsetting phone call.

Slander and Libel are forms of defamation (slander is oral, libel is written).
Basically a defendant can be liable for defamation if the defendant
1. publishes a statement
2. to a third party
3. that puts plaintiff in a false light
and
4. plaintiff suffers harm as a result of the false statement.
There is defamation per se-meaning that malice and damages generally need not be proven, as the statement is so hurtful/derogatory they are assumed to be damaging.
These involve statements that address:
1. chastity (so sexual misconduct)
2. criminal misconduct
3. indiciating a person had a loathsome or contagious disease
or
4. conduct that is inconsistent with one's profession or business.

The courts do allow for opinions to be expressed in most circumstances but it must clearly be an opinion as opposed to a fact/statement.

So in essence if the statements were true, and that can be proven (witness) that will help with one's defense

Further questions? Please post here to continue the chat.

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Customer reply replied 2 months ago
My question is, even though she sued me for defamation of character, she is the one start everything . Now my question is I found out that she was charge with assault high aggravated nature with felony charge 7 years ago. Since she threatened my child, will judge consider since she was a felon?
Customer reply replied 2 months ago
Will judge only care about her defamation of character or will he consider why this happened?
Lawyer: legalgems, Lawyer replied 2 months ago

The judge will look at all the facts;

so for example, the judge may decide the person has a propensity to violence based on the conviction and therefore determine that there is no defamation.

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Customer reply replied 2 months ago
are you saying judge might dismiss the case? Can you explain to me little more easier? What is my percentage of winning here if I have witnesse attended?
Lawyer: legalgems, Lawyer replied 2 months ago

Yes, if the judge finds that the statements were true, there would be no defamation. So the case would be dismissed. Meaning that the defendant wins.

If there is no defamation then there would be a 100% win.

Let me know if that makes sense please!

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Customer reply replied 2 months ago
If there was a little mistake on the statement but we are talking about her threatening my child. Will her previous record help my case?
Lawyer: legalgems, Lawyer replied 2 months ago

Yes, it should help; but the statement must be true in order to guarantee a 100% chance of dismissal.

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Lawyer: legalgems, Lawyer replied 2 months ago

Otherwise the court may find the statement to be defamatory.

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Customer reply replied 2 months ago
Ok only thing I made a mistake was she made a phone call to school to tell the principal that my child was beating Kids on the bus which cane out to be false when I when to see the principal. I have a proof of video I had conversation with. 3 moms called the school within 5 mins with same story and reported my child was beating Kids up and principal thought it was wired and decided to interview the kids and the driver but it wasn’t true what their mom said. I believe it’s her friends or her. But I put up on the board saying she went to school instead of she called the school. Would that be matter? I know it’s a small mistake but I need to know
Lawyer: legalgems, Lawyer replied 2 months ago

Generally a misstatement like that won't have an effect; going to the school and calling the school would still be the same idea of notifying the school.

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Customer reply replied 2 months ago
Ok. So how do you see my case? I’m in worry. Do I have a good chance of winning? If I put her up on the social website is still wrong but I had good reason to. What is your thoughts?
Lawyer: legalgems, Lawyer replied 2 months ago

It would really depend on all of the evidence presented and what the judge believes to be true. That is why a prior conviction relating to the conduct would help.

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Lawyer: legalgems, Lawyer replied 2 months ago

But truth is key to a perfect defense.

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Customer reply replied 2 months ago
Can I still press charge her at the court for threatening my son? Or is it too late? I didnt report to the cop
Lawyer: legalgems, Lawyer replied 2 months ago

A police report can be filed and the prosecutor will decide if there is enough evidence.
That is criminal,this is civil.

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Lawyer: legalgems, Lawyer replied 2 months ago

It appears you are offline and since you were my last customer for the evening I will log off. If you log back on and have further questions please post here and I will respond in the morning.

Kindly rate positive (5 stars I hope you feel I earned!) so the site credits my account for assisting you this evening! Good luck to you. take care

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Customer reply replied 2 months ago
This is the paper I’ve serve with
Customer reply replied 2 months ago
this is the letter my lawyer sent before I got served
Customer reply replied 2 months ago
I’m sending you this so you can get some kind of idea
Customer reply replied 2 months ago
Are you still there?
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