Legal Question in Civil Litigation in California

false accusations

one person sending emails to many people accusing me(as a part of a group) of wrong doing

He is not the person he is claiming to be in the emails.

can I sue this person for damaging my credibility


Asked on 12/25/06, 2:58 pm

3 Answers from Attorneys

Laurence Haines HainesLaw

Re: false accusations

Sure you can sue for defamation. However, it sounds like it might be hard to prove. First you must show that the e-mails are from the person you wish to sue. Second, you must show that you as part of a group was one of the identifiable people he was referring to in the e-mails. Third, although the burden of proving the truth of the matter rests with this person, it would help to be able to prove the falsity of the matter. Finally, you need to make sure that the accusation is actually an assertion of fact rather than opinion. Opinions are generally not actionable.

Hope this helps.

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Answered on 1/02/07, 6:13 pm
Robert Mccoy Law Office Of Robert McCoy

Re: false accusations

Why certainly, so long as the statements made about you are untrue. If the statements are true, however, then he can say whatever he wants no matter how much it damages your reputation.

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Answered on 1/02/07, 8:05 pm
Terry A. Nelson Nelson & Lawless

Re: false accusations

To prove slander requires proof of what was said and to whom, that it was false, that it harmed you in measurable way. You also need the person to not be judgment proof, and have money or assets worth suing for. If you have a case that meets those conditions, feel free to contact me to discuss.

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Answered on 1/02/07, 9:20 pm


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