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Do i have a case on slander or defamation of character or any kind of case at all...

Nevada, MO |

i was evicted for not paying my rent, OK i understand. The landlord then posted flyers on all the other tenant's doors saying if they helped me out in any way they too could and would be evicted. These flyers also stated my personal business stating how much I owed. I just recently gained employment and now he is garnishing 25% of my weekly check..

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Attorney answers 5

Posted

You need to hire a consumer lawyer yesterday because you most probably have had your consumer rights violated, possibly under both state AND Federal law. I handle these cases throughout Florida, but you need somebody in MO. Try looking at NACA.net for attorneys in MO who are specially qualified to handle such cases with no out-of-pocket cost to you. Good luck!

If you think my response is the best response, it would help me if you would indicate that. Also, please note that my responses to question(s) are NOT legal advice from me to you because I am NOT your lawyer, you are NOT my client, and we do NOT currently have an attorney-client relationship. Thanks!

Posted

You have no claim. Defamation requires the disemination of a factually false statement about you to a third party, which causes you economic damages. Truth is a defense to a claim of defamation, no matter how unhappy you are about what is being said of you. Telling other tenants not to let you stay with them, as a threat, would affect the other tenants' rights if anyone's , not yours, and therefore you have no legal basis to sue the LL for doing that. Get the judgment paid off as soon as possible and put this chapter of your life behind you.

Eugene P. Castagliuolo

Eugene P. Castagliuolo

Posted

The lawyers who are saying that you have no defamation claim are correct, and I agree with them on that point. However, they are sorely misguided to conclusively state that you have no claim. You most definitely MAY have a claim with regard to the private information being disseminated by your landlord, and this is actually a hot new topic currently being debated in the context of the FCRA (the Federal Fair Credit Reporting Act). I stand by my original assessment. While you may not have a claim for defamation, don't conclude that you don't have a consumer rights claim unless and until you talk to a local NACA lawyer (find one at www.NACA.net).

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Posted

Being equally concerned that the Poster not be misguided, it should be pointed out that the FCRA is a complex federal law that was written and enacted to guide and control the actions of credit reporting agencies and the like, in the investigation and reporting of a person's credit history, in various but specifically described situations, as well as the users of that credit report. It has no application to a landlord who tells other tenants not to let you live with them at the threat of being evicted; and if the sole extent of the flyer regarding your "personal business" is to publicly disclose a truthful (even if embarrassing) fact that you owe X-dollars, the FCRA also would not apply. Indeed, the post as constituted does not indicate that the LL disclosed any information that was obtained (exclusively) through a consumer credit report obtained through a consumer reporting agency, let alone having been so obtained under false pretenses. This commentary is in no way intended to imply you should not consult with a "NACA" attorney - particularly if such consultation is given to you for free (especially since it appears that you presently have financial constraints to consider), but only that you do so with eyes wide open and not with unrealistic expectation.

Eugene P. Castagliuolo

Eugene P. Castagliuolo

Posted

You are being misinformed if you are being told that the FCRA does not apply to landlords, and in fact, this statement is patently false. It applies to ALL reporters of credit information and has recently been discussed among those who actually understand this area of the law as very definitely applying to landlords. If this landlord will post flyers, who's to say he hasn't reported that same information elsewhere? That's all I was saying....

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Posted

Mr.l Castaglioulo. There was and is no intent to represent that the FCRA can never apply to a Landlord, nor am I saying such. The question is whether it applies to this Poster and the particular scenario which he/she presented; but as you have clarified that you were taliking in the abstract, it would be remiss not to acknowledge that anything is possible, and defer to you, accordingly.

Eugene P. Castagliuolo

Eugene P. Castagliuolo

Posted

No worries, Mr. Schwimmer, I realize that we're all just trying to do our best to help those posting questions. Your approach is more pragmatic, and most of the time, mine would be also. But I've just recently gained a grudging respect for how far this FCRA can reach, and I was just trying to pass that along. I wish you all the best (had I to do it all over again, I would have definitely followed your path into PI !!). Take care...

Posted

You do not have a claim for defamation as the information divulged about you was true.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

Not defamation, but you may have a different claim, so contact a local attorney to discuss in detail.

Eugene P. Castagliuolo

Eugene P. Castagliuolo

Posted

Mr. Lassen is 100% correct.

Posted

If you are head of household then under Missouri law the landlord may only be entitled to 10% as opposed to 25% of your post-tax wages. Hire an attorney if you need help.

Your facts sound weak regarding filing a lawsuit. In addition, if you couldn't afford to pay rent, how can you afford to hire an attorney? You might be better served spending your money on a negotiated and discounted settlement of the judgment against you.

My comments are general in nature, are not legal advice as to your specific issue, and do not establish an attorney-client relationship. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

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