A contractor collected a down payment for a job and walked to never return. I contacted the company that I thought he works for, but they told me he was fired a month ago, and that he had stolen from them and other customers.
I posted in a local social media group about him as a fraud warning, what he is doing, collecting down payments and leaving with the money without doing the job. I gave his name, since he hands out business cards, pretending he is part of the "company", wearing their t-shirts .
Someone, possibly a girlfriend, called me on it, demanded proof and when I refused to give it to her, she threatened me with a "slander suit"
I know that all my statements were true, I have all communication with the company in writing, and receipts for the money with his signature.
Can I be sued?
Truth is a DEFENSE to a lawsuit. Hearing from non lawyer is a non issue. Talk is talk.
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Yes, suit can be filed against you, but your defense would be the truth, which is an absolute defense. Until you hear from an attorney, I would not worry about it.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
Can you be sued, the very short answer is Yes. Not to be snarky, but you can be sued for anything. People can sue you because they don't like the way you part your hair, but can they win is a separate question. The problem with a lawsuit against yoiu, even if it is frivolous is that you have to defend it. Also know that just because soneone says that they are going to sue you doesn't mean that they are going to do so.
Now, as to the merits of the case. It is possible that they could win. They have to make a claim that what you did was unlawful, then you have to defend against it. As the other answering attorneys have said, truth is a defense. It isn't insurance against being sued, it is just a defense that you use to beat the lawsuit against you. You may want to talk to a lawyer now jus so someone who knows all of the facts (as you know them) can give you some peace, but you may be fretting over nothing. The problem is that people who are so brazen as to do what he did have no shame and may actually sue you. The other avenue is to sue him first for his breach of contract. He took you money and did nothing. I would check Avvo's Find a Lawyer for a local consumer law attorney and let him or her know ALL of the facts, not just the ones that you think are relevent (people keep those back all the time, so don't be one of them. An attorney can best advist you when he or she knows all the facts ahead of time. In OHio there would be some hard consumer laws for the contractor to over come, expecially on a home construction project.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
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