What qualifies libel?Can it be brought to small claims if it meets the damages amount?

Question

the person is a private citizen. the message made implications about the victim that were false (already proven) and almost destroyed a marriage. The victim accrued medical bills (1.039.00) and of course many sleepless nights and arguments with the spouse.

A third party did receive the "lie"
My question is can it br brought to small claims??

Answer 1

the previous poster forgot to mention "publication to a 3rd party."

someone besides the victim had to have seen the writing. (or else it was probable that a 3rd party could have seen it)

Answer 2

Libel is a speicific form of defamation of character involving lies or deception written in print form. There are a few things that must be shown:

1. The claims made are false
2. The claims were made out of malice or to intentionally harm the victim
3. The person that made the claims knew they were false at the time they made the claims
4. You suffered injury or damage as a result of these claims

So, basically you have to prove that someone intentionally wrote a lie about the victim with the intent of harming the victim. The victim must also show that his/her medical bills are the DIRECT result of the claims made against them. You may also claim punitive damages as well.