Can a slander, libel suit be addressed in small claims court?

Asked 12 months ago - Long Beach, CA

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?

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Best bet is to just repay her, and get her out of your life.

  2. Jeffrey Lewis

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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.

    Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client... more
  3. Christopher John Gansen

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Dupe post.

    This is a difficult area of the law. For a number of reasons, it's simply not sensible to sue for it in small claims.

  4. Gregory Stephen Colburn

    Contributor Level 13

    3

    Lawyers agree

    Answered . Potentially. Contact an attorney in your area if you really think that it is worth it.

    *PLEASE READ THIS BEFORE YOU COMMENT, EMAIL OR CONTACT ME. I am only licensed in Washington. Answering this... more
  5. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sure you can but it is over your head and you will probably need legal assistance.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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