Legal Question in Civil Litigation in Indiana

Defamation of character

A family member said he was going to sue me for defamation of character because he says three people told him I said that he had a criminal record. He says he can make me go to jail for this, and take away my house. Can he?


Asked on 1/21/03, 11:29 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Defamation of character

If you falsely informed people that someone has a criminal record, it's slander, for which you can be sued. The size of the judgment would depend on the amount of money by which a jury thinks the person was damaged. Which could be high enough to threaten your home or other assets by way of a judgment lien and subsequent levy. If this slander really happened, you could mitigate your damages - reduce the amount a court or jury would consider fair - by eating crow, apologizing, going around to the people to whom you made the false assertions and withdrawing them. Sometimes juries in slander cases agree a person has been slandered, but award only nominal damages, like one dollar. I suggest you see what you can do by way of conflict resolution with this family member. See if someone else, another family member or pastor, can help. Good luck.

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Answered on 1/22/03, 7:26 am


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