I have a issue!!!

Asked almost 3 years ago - Lemon Grove, CA

I have a issue and hopefully you can answer it. Is it possible to take my brother to court if he is spreading false accusations that i may have a different father? He has telling my relatives that i possibly may not be related to him. He has been contacting them via telephone and also sent me a lengthy letter stating these accusations to me. This has been going on for some time now (7 years) and he is trying to get others to persuade me to get a DNA test to confirm it. Do i have grounds for a lawsuit?

Attorney answers (2)

  1. Anthony John Colleluori

    Contributor Level 15

    3

    Lawyers agree

    Answered . Actually it seems like he has an issue and you are letting him make it yours.
    Okay the law of defamation requires that 1. He be telling a lie, 2. that you have somehow been harmed by this lie and 3. you deserve damages for the harm. It is an affirmative defense that he is telling the truth.

    SO what do we have? Well we have a lunatic trying to get you to take a DNA test for only God knows why, we have you not wanting to take the test (and you are perfectly within your rights not to take such a test) and because he is making so much noise, you are considering bringing a lawsuit wherein you could be required to take the test he wants and you don't want to take...

    Do you see something wrong here too?

    How do you make an idiot crazy?......
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    If you are still wondering what the answer is, you have missed the point of the question.

    Stop the noise by refusing to acknowledge it and refusing to respond to it. Stop the noise by politely but firmly telling others to stay out of it, or keep their thoughts about it to themselves. You should be done renting space in your brain to your brother's problems for free.


    Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  2. Isileli Tupou Manaia Mataele

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Just to add to what has been said. There has been no real appreciable damage and it might be true. Also one element which was left out that was not said is that the statements are published to a third party.
    Believe these kind of suits cause more harm than good. Don't make things worse when there is little chance they will get better with a lawsuit.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more

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