He is treatening to sue me if I do not retract the word. Can he sue? What should I do?
2006-10-20 15:46:05 · 13 answers · asked by erion 1 in Politics & Government ➔ Law & Ethics
The exact sms is "You are a despicable family of liars. I do not know how you can do such things and still sleep at night".
Can he sue? What should I do?
2006-10-20 16:09:24 · update #1
In general, defamation can be either (1) libel - written defamation, or (2) slander - spoken defamation. Both must first be "published," that is, related to a third party. The publication also must have been done intentionally by you, NOT if he relates it to a third party himself.
There is no basis for suit based on your facts on several fronts: there has been no actual defamatory remark, and even if it was considered "defamatory" there has been no "publication," and there are no damages.
That said, there are a few loose cannons who will still file suit out of spite, but they are few and far between because bringing a defamation suit is costly. I doubt he will actually file suit, so there is nothing for you to do except wait for the statute of limitations to run.
2006-10-20 17:25:59 · answer #1 · answered by AJGLaw 3 · 1⤊ 0⤋
Well, it depends on what country you are in and how you used the word despicable. If you are under US law, then yes he can sue you for just saying hello. However, he would not have legal grounds for his case. If the word is what is the problem then it would propably be defamation that he is accusing you of. But you did not enter the entire context of the problem, thus it is difficult to say. However the word despicable itself is a word based on ethics or morality and is protected under free speech. However it would be the context and manner in which you used it that would make the difference. Most likely it is an empty threat, and more importantly my guess is that the sms was not a public prodcast of some kind, but a personal expression of how you thought/felt. But you must post more information for a better answer.
2006-10-20 22:58:54 · answer #2 · answered by Anmont 2 · 0⤊ 0⤋
Not being a lawyer, my advice is not something you can "take to the bank", however... it appears you are embroiled in a contest of ego's, with an inflamed "victim".
How best to handle this potentially escalating war of words? Don't fuel the fire or fan the flames, but behave in a way your "adversary" least expects. Either allow his threats to dissipate with your silence, or, try to diffuse the situation with some gentle humour. AND THEN DROP IT!
And perhaps to navigate past such potentially incendiary incidents in the future, applying this adage might help; "Never use a big word when a diminutive one will do :P"
p.s. Your "friend" is blowing smoke and hot air; an emotional bully tactic. He cannot make a fire with a single match.
2006-10-21 00:49:34 · answer #3 · answered by ? 4 · 0⤊ 0⤋
He can waste his money on a lawsuit it he wants but he wouldn't win it. Despicable isn't slander. In fact if he did sue I'm 100% sure the judge would find his case despicable! Don't worry he's just being an ***.
Despicable means contemptable, deserving to be despised. It is an adjective. Can you imagine how cluttered the courts would be if we all sued someone who used an adjective to describe us and we didn't care for it.
2006-10-20 22:50:54 · answer #4 · answered by Nikki 2 · 1⤊ 0⤋
He doesn't have anything to stand on. There is no slander or defamation when you use words directly to a person. Slander and defamation are terms used when you talk bad about someone to another person or other people behind the first person's back or in public. Don't worry about it....
2006-10-21 01:27:37 · answer #5 · answered by Yeah, it's good 3 · 0⤊ 0⤋
Ignore it. I doubt they would actually spend money on an attorney to sue. If they do, and you don't prevail, the worst you would have to do in retract the word.
2006-10-20 22:50:04 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
Text him again and tell him he is a "smack talking know-nothing a-hole" He's not gonna sue you. Really, best bet is to just stay away from the guy. If he is from a family of liars no telling what he will fabricate to try to get you in trouble.
2006-10-21 00:52:53 · answer #7 · answered by Mos 3 · 0⤊ 1⤋
People can sue you for what ever they want, it doesn't mean that they'll win. Consult with an attorney, I personally don't think this person has a leg to stand on in court.
2006-10-20 22:48:54 · answer #8 · answered by po8t1 2 · 0⤊ 0⤋
He is not that stupid, because should he sued you for the slandering word, the damages that you pay him cannot cover his court and legal cost. Thus, he is just threatening you and as what you claimed that he is a family of liar. No worry, just ignore.
2006-10-20 23:21:40 · answer #9 · answered by James Louis 5 · 0⤊ 0⤋
Yes, he can sue whatever he wants.. but he won't win
let him sue...
He just wants to waste his money, his time and your time and that is all.
There is no threat in the word "despicable" and it is freedom of speech... unless you have terrorist's threat in the message
2006-10-20 22:54:22 · answer #10 · answered by YourDreamDoc 7 · 0⤊ 0⤋