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Can I bring a small claim against someone for defamation of charact. and slander to injury and falsifying info to a policeman?

Farmingdale, NY |

This exboyfriend I dated for a year in 1998-1999. Years later his older brother and I hooked up and dated a few months(lived together)and then split 2006. In May 2013, out of the blue this exboyfriend, who I hadn't seen in years, who was resentful at his brother and I dating, decides to tell police I am "crazy" , that I have a "violent" streak ,and a "stalker"! By him saying the false slanderous words it harmed me so badly, discrediting me and caused a 24/7 surveillance in and out of my home, without me even seeing a judge to defend myself! This ex, even went to my last boyfriend of 3 1/2 years and told him I was crazy, coerced him to join in and create this false image of me! After his bro and I split a few years passed, he turned to heroine. I think he blames me in some way, but his bro

brother s' addictions have nothing to do with me. And he is trying to put guilt on me and destroy my life because of it. This is about him defaming my character with lies of me and who I am as a person. How would he feel if it was done to him? I have no privacy and he was a part of this process wrongfully based on his own vendetta, and spitefulness, blaming me for his brothers' addictive personality. It has nothing to do with me. And for him to make up stories to the cops is a lawsuit. I shouldn't have to move because he is filled with spite. I grew up there and schooling he didn't. and I know some nice people from the area neighborhood, for years. I don't know how he can get any immunity based on lies and me not being present in a court room with a sentence of myself?????

Attorney Answers 8

  1. Sounds like you need to move, pick better boyfriends and get appropriate therapies. A small claims action is not going to help you, especially since it appears that these guys are unlikely to have any assets which can be used to collect a judgment.

  2. "Crazy", "violent" and "stalker" sound more like opinion that you cannot sue over than defamation, which you can. In addition, your ex-boyfriend's report to the police is probably protected by immunity. I do not see a case worth pursuing here.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. Hidden cameras in your shower are not something police would do. What makes you believe that there are cameras there, or elsewhere in your home? 24/7 surveillance is also unlikely based on the statements you believe were made to the police. Have the police contacted you?

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

  4. An opinion is not defamation.

  5. You have no viable civil cause of action. Additionally, Farmingdale is uniquely partly in Nassau County and partly in Suffolk County. Either way, neither the Nassau nor Suffolk police have the resources to surveil you 24/7, especially for the reasons you cite. Now, if you were slinging heroin (heroine is something different) at the rate of kilos a day, they might take an interest. You're not doing that, are you? Forget the exes. And if a boyfriend of 3 1/2 years is susceptible to the paranoid rants of an active junkie, you are likely to be well rid of him. Pick yourself up, pull yourself together, rest easy in the knowledge that you have done nothing wrong (except make some bad decisions when it comes to men), exclude these losers from your life and move forward. Best of luck to you.

    We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are thoughts based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. Past results are not necessarily indicative of future performance.

  6. Based solely on what you present here there is no claim for "defamation." You say he told police you are crazy and violent and a stalker. Why would the police pay any attention to these "opinions?"

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  7. I do not see a viable cause of action.

  8. I agree with the other attorney's I'm not seeing a cause of action.

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