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Can I sue someone for slander against my business dealing with personal matter and use of personal picture without permission?

Beaverton, OR |

I live in Oregon and own a business. I was selling my "personal" car on Craigslist. Someone became interested but was unable to make full payment and mentioned making monthly payments while I keep the car in my garage. We made a contract, sealed and initialed with tape over it agreeing upon payments, which took place at my business. The contract was only between "My name" and "His name", nothing included my business name. If contract was breached within 30 days after late payment, I had the right to sell that car. He breached contract. He now put my business on ripoffreport.com including my business name saying I'm a scam artist and to not trust me with a long story attached. He included a picture of me I had on my personal Facebook account that I did not give him permission to.

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Attorney answers 1

Posted

Although I don't practice in Oregon and Oregon laws may differ, there are certain truths about Intellectual properties and defamation claims that hold true across state lines. When it comes to suing someone for slander, usually as long as the statement was a FALSE statement and it was communicated to a 3rd party and you suffered some harm, then you can definitely sue. Just remember there can be no TRUTH to the statement made in order to prevail.

As for the claim regarding use of your picture, based on the information you gave, the use of the picture doesn't really factor into the lawsuit. You might have a claim for misappropriation of property, but it's a stretch.

Asker

Posted

There is no truth what so ever to his statements. He was continually late on payments and I tried to help him out by being flexible. I would constantly call and text him asking when he was bringing payment over, and he would say a date. When the day came, he wouldn't show up. I call/text ask what's up and he changes it to another date(he did this many times). When he finally shows up, he doesn't even come with full payment. I stopped texting/calling him as it's not my obligation to make sure he makes his payments and was tired of getting the run around. He finally caught up on March payments in beginning of May and I hadn't heard from him until late June. By then I had sold the car due to breach of contract. I have phone records, text messages, contract and paper of payment with both our initials. I expect to win. When I sue him, how do I prove it harmed my business? It was on the first page of google. Can I get the judge to make him pay the $2k to get the ripoffreport site to change what he put(that's about how much it costs)? Just a thought, but would it help in my case that he's a sex offender as of recently? I wouldn't think it would but it's worth asking. Thanks for helping!

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