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Can you sue for harassment, defamation of character, and slander in small claims court?

Hemet, CA |

Are you able to sue for harassment, defamation of character, and slander in small claims court? If so, how do you determine how much money you should ask for?

Attorney Answers 3

  1. Best answer

    I want to add that "harassment" is generally not something one sues over, what lawyers call a cause of action. The harassment we hear about in the news is a type of employment discrimination. To obtain damages if someone is harassing you outside work, you have to show the intentional infliction of emotional distress: someone engaged in extreme behavior that caused you serious emotional distress. In most cases, the distress must be so serious that you had to seek professional help.

  2. Yes. But the amount of damages is subjective and you need proof of damages.

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

  3. As I indicated previously, your situation is probably to complicated to warrant a simple one paragraph online response.

    You can sue for defamation of character in small claims court, but the judge will not likely consider these claims in the context of your monetary dispute with the unlicensed contractor.

    You need to establish damage by competent evidence. Did you incur a specific dollar amount of loss as a result of the defamation? What documents show this amount? Which witnesses will you call to corroborate your testimony?

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.