I would like to file a counter suit against someone that has slandered me because I wasn't able to make a payment on a loan she made to me. I had a cease & desist letter sent to her & she mocked the letter & is continuing with the slander & defamation. She even went as far as calling me and leaving me a voicemail saying she is going to ruin me for everything because I'm not paying her back. She has filed a small claims suit against me to get her money back but continues to slander me. Can I counter sue her?
Car / Auto Accident Lawyer
Potentially. Contact an attorney in your area if you really think that it is worth it.
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3 lawyers agree
Personal Injury Lawyer
Sure you can but it is over your head and you will probably need legal assistance.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Not likely. She will argue that all statements she made to you related to the small claims lawsuit and are barred by California's litigation privilege. I have linked below Civil Code section 47 which describes the litigation privilege. Your better bet is to either: 1) pay the debt if it is owed; or 2) contest her debt collection tactics. Good luck.
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