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I want to know if the review I posted would be a cause of action for defamation of character-the facts are all true??

San Francisco, CA |

[name omitted] represented my mother's estate and my sister and I as personal representatives. She failed to notify the funeral home as a creditor, got herself paid, then stuck us with the funeral bill since my mother had no money left in her account. THen she told us "you got enough", pay the funeral bill.

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Posted

Truth is a complete to defamation, so don't lose sleep over it.

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Posted

You should not be posting the names of people in your question.
Truth is a defense to a defamation action. However, just because what you said might be true, that does not mean that someone cannot sue. It just means that they are not likely to win.

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Posted

I agree with Mr. Spirtos. Further, although truth is indeed a complete defense to defamation, you need to be careful using quotes that are likely paraphrased as you did in the question here... that might not be the "truth" and depending on how far off it is and how damaging to a character it might be, it could still be defamation.

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Posted

"Truth" is a DEFENSE to a claim for defamation.

It is typical in civil litigation that the court first considers the defenses to the claim about a year or so into the lawsuit. Until the case progresses to that point, you must appear, defend, and litigate effectively through a competent attorney. That usually costs a serious amount of money.

It may be true that "truth is a complete defense," but it certainly is not a perfect defense, coming so late in the process for adjudication.

It is a rare circumstance where the principle of stating your truthful lawful opinion is worth the hassle, expense and risk of even a badly-based defamation suit. But, your risk; your choice.

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