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Someone I know from the past posted a blog about me with my pictures claiming that I stole his identity.

Tucson, AZ |

I did not steal his identity, it was a paid day loan and he says that the loan was for $700. he says the police will not press charges because they do not have any evidence that says that I am the one that took out the loan. Can I sue him for defamation of character in small claims court?

Attorney Answers 3


Unfortunately, you may not file a defamation lawsuit in Arizona's small claims courts.

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I agree with Attorney Hopkins. Small claims court is not a venue for such a claim. If you are committed to this, consult a defamation attorney to consider all of your options and the costs associated with each.

The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.

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Both of the other attorneys are Arizona attorneys and know the law better than me, but I wonder if the attorney's fees would not exceed any recovery you might get. Is it financially beneficial to consider filing a lawsuit?

My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.

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