Dear Law Guru,
My ex-boyfriend cheated on me 2 years ago and the girl he cheated with is acting bitter. Not with him, but with me. She doesn't like me for the simple fact he never wanted to be with her and would rather be with me. They have a child together and she keeps the baby away for various reasons. One reason is becuse she feels I will hurt her child. She has told him that, as well as her family and his family because her family won't allow him to take the child out of their home and his family of sisters kept her away from me on a day the baby and myself were there. I've since talked with her mother and she see's I am not a threat so she is ok with my ex picking up his child. But here is the problem. Along with the negative comments that has been said to both families, I found out she's been saying I gave my ex an std. I first found this out through his sister who stated I indeed had it, and recently the girl texted it to me. She has said the same thing about him giving her an std and now she's saying I gave it to him when we both were tested and both results came back negative. She was informed of this 1 month after, after she accused him again of giving her the std. I get annual check ups every year and have been tested for everything since she has accused him of the std and my results still came back negative. So my question is do I have a defamation case to file in small claims? I'm fed up with the rumors. She has said other statements before this and I've left it alone but now making statements about me having an std and spreading it is going too far.
1 Answer from Attorneys
Under the facts you described, it sounds like you might have an actionable case agsint this woman, and maybe some of her relatives. It also appears that you will recieve less money than it will cost in legal fees to win the case, if you bring it in associate or circuit court. Small claims courts do not always allow slander cases to go to trial, but you can file it and see. Perhaps you might also seek an injuction to stop any further harmful comments about you.