Legal Question in Civil Litigation in Texas

A guy I went to high school with and whom I've seen one time in 20-25 years since, recently contacted me and was upset because the woman he was dating had added me as a friend on my facebook account. He asked me to delete her from my friends list. Well, I deleted both of them, because I'm way too busy to deal with such drama. A week passed and he left me a couple of threatening voicemails stating that he'd come to my house and settle things if I kept trying to contact his girlfriend (I don't even know her and have never contacted her).

I refused to engage him figuring it would only worsen the situation but did notice that he was adding many of my female friends to his own account, in, what I thought at the time, was just a juvenile way of getting back at me (like I care).

Well, last night, I received several telephone calls and text messages from some of my friends stating that this guy had posted a slanderous message telling everyone I was using IV drugs(not true), had AIDS and Hepatitis(not true), and that my son (I'm a single dad) had been taken by CPS (also not true). I asked one of my friends to take a screenshot of what he had posted and to send it to me and she did. Now I'm wondering how many hundreds or maybe thousands of people read this?

Also, twice in the last week, he's been driving up and down my block and down my alley in a stalking fashion. For the life of me, I cannot figure out what I did to him that would make him think such random things.

I'm curious as to what legal recourse I have? The things he posted on Facebook seemed slanderous to me but I'm not entirely sure of the actual legal definition. I'm a local business owner as well and do not want people thinking that I'm a drug abuser or that I'm neglecting my son. Can he be held liable for slander? Or should I pursue this criminally?

Sincerely,

BD


Asked on 6/27/11, 4:50 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

From what you have described, he can be held liable for defamation. I suggest you visit an attorney who practices in this area.

However, it is not clear that you have suffered any monetary damages. Thus pursuing this in civil court may not work on a contingency basis. You would have to pay your own attorneys fees. The end result would be a court order that he may or may not follow and may not pay. Understand that the statute of limitations for filing such an action is one year.

I suggest you discuss contacting your local district attorney as well.

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Answered on 6/27/11, 5:04 am


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