Call a lawyer, you might be able to take legal action.
2006-11-21 03:45:00
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answer #1
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answered by two_kee_kees 4
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Lawyer here--
First off is it slander? Slander is defined as a publication (i.e. a statement to a third party) that is untrue and which defames or places the subject in a bad light. AND, unless the statement falls into one of a few special categories (like saying you have a communicable disease like HIV or have committed a serious/heinous crime) you must also show that the defamation caused you damages (and that does not mean hurt feelings).
So is it slander?
You must also realize that the slander must be of the sort that the party to whom it is published believes it--so it must be a believable lie. AND the party who makes the statement has no privilege to make the statement. AND you must also note that if the statement is true, it is not slander, TRUTH is always a defense.
Second, if it is slander, the only legal thing you may do is file a lawsuit for defamation. You will be required to draft a complaint setting forth what was said, to whom, stating that what was said was false, that the statement made was not privileged in any way and as a result you have been damaged and seek compensation. Then the suit must be served on the other party.
Otherwise, there is nothing you can do. A lawyer is not legally supposed to send "threatening letters" and it would not be in your best interests to beat anybody up--that's most likely a felonious assault and would not be justified or have its severity reduced if you could show you were defamed.
Defamation is a civil matter not a criminal matter and would not serve as a mitigating circumstances to an assault charge.
The degree of slander as somebody mentioned above is not relevant--either it is or it isn't, the degree aspect comes into the damages part. Unless you can show it falls into what is called Slander Per Se (that is the special categories I mentioned above) in which case the degree is considered so important you don't have to prove any actual damges.
Also, if you are a public figure, forget the idea of slander, after the New York Times v. Sullivan case it is extremely difficult for any public figure (permanent or temporary) to win a slander or libel suit.
They make it hard because we have a thing called freedom of speech here.
Frankly, if its just some neighbor mouthing off, you would probably do better to ignore him and not let on that you are bothered by it.
The suggestion of a mediator or intermediary might work, but frankly they have no power to make this person stop, only a court does and you have to have and prove a cause of action before a court will do anything. Then its usually to grant money damages.
2006-11-21 11:50:01
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answer #2
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answered by William E 5
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first of all you have to prove it.. talk to a lawyer.. if they offer mediator services.. then you must aquire that... then... you have to have solid ground evidence.. videos.. recordings.. eyewitnesses.. accounts from those who have heard from the person.. you must prove it's about you... many slander cases go dry because it's not about the person.. you also must make sure it's coming from the accused and not from someone you know who is saying it's coming from the accused.. this happens way too often then the slander case is turned.. from the person who brought the case up about the person accused to the accused bringing the case against them.
you have to be careful.. you really must have all your information straight and have seen it yourself for which you hopefully have it on video with audio information.. evidence.
slander in most cases isn't.. your life has to be effected in such a way that the slander is effecting your personal life to the point where you are being harrassed.. threatened by anyone involved.. and it's effecting your professional life.. where work is being effected also. you must have solid proof.
mediators aren't cheap.. the mediator assigned to you must see at least 3 cases where the slander is rock hard and that they can record this.. and present it to the lawyer and then the lawyer will make the decision to persue it...
alot of people get slandered all the time.. you have to prove that the slander is endangering any part of your well being.. security and life.
if you could lose your home (whatever it may be.. rented, owned) you could lose your job? people have threatened you? police have come to your place of residence in response to any of the slander... your boss has talked to you in question in relation to any slander... then you have a case.. just make sure you have records.. reports that were filed.. those people who have talked with you about it.. have them also as witnesses.
if you can't come up with at least 3 hard points that are indisputable.. then you don't have a case.
good luck.
2006-11-21 11:52:01
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answer #3
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answered by Anonymous
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In my opinion, it would depend on the degree of slander. You can either choose to tell folks who hear the slander, and bring it to you to consider the source, and be the bigger person, or if it is serious slander, consult an attorney who can best advise you of your options.
Sometimes it is best to turn the other cheek and like I stated at the beginning, and consider the source. How sad their lives must be to be filled with nothing better to do than to talk about others because they have so little else in their own lives.
2006-11-21 11:48:56
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answer #4
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answered by ann 2
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How was it that you were slandered you need to give more details. Can't any one get along with their neighbors?
2006-11-21 11:46:42
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answer #5
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answered by Anonymous
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Have an attorney write him or her a letter. Slander lawsuits are very expensive and very difficult to win. But, maybe a threat will do it.
2006-11-21 11:46:06
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answer #6
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answered by Local Celebrity 4
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first attempt - confront him in a peacefull, honest and direct way.
If he is normal - he should respect your honesty and directness.
try to discuss the situation as this is a neighbor and you are probably connected for the long term.
if this does not work - try to get a mediator (another neighbor) to try to help resolve the issue.
2006-11-21 11:47:11
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answer #7
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answered by Anonymous
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IGNORE OR HIRE AN ATTORNEY.
DEPENDS IF ANY DAMAGE TO CHARACTER BEEN DONE.
WE ALL ARE SLANDERED IN LIFE TO SOME DEGREE
2006-11-21 11:45:55
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answer #8
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answered by cork 7
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I wish there were more details on this..,You could go to a landlord or consult w lawyer.
2006-11-21 11:49:50
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answer #9
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answered by Dotr 5
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beat the **** out of him
2006-11-21 11:45:40
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answer #10
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answered by Handsome Devil 4
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