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  1. #1
    Join Date
    Jun 2011
    Posts
    4

    Default Facebook Defamation

    My question involves defamation in the state of: New York

    I had a friend that I vacationed with-she paid for my airfare and I was to pay her back. Upon returning from our trip (which was horrible by the way) she demanded I pay her immediately. I told her I would pay her at the end of the month. After several harassing phone calls I got a facebook alert that someone had posted on my wall...when I read it it was a "friend" of the said "friend". The poster introduced herself as the friend I vacationed with and went on to say that I was in hiding, wasn't going to pay her, I had a history of alcohol use and so one and so forth. She then went on to email my boyfriend from the same person's account and tell him I was bipolar, off medication and a drunk.

    I was then served with papers for small claims court-I needed to adjourn the initial hearing and she texted me about 6 times, all sorts of threats to stay out of her town, that she would know if I went in there etc. demanding her money

    Do I have any recourse here?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Facebook Defamation

    If you believe that you can prove damages, you may still be able to file a counterclaim in the small claims action. If you are thinking of filing a lawsuit of your own outside of small claims court, I suggest consulting a lawyer to have your case evaluated. Generally speaking, although individual experience may vary, the economics of a defamation case are such that it's not worth retaining a lawyer to litigate them.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Facebook Defamation

    Small claims courts are of limited jurisdiction. They generally do not hear cases for defamation or similar torts. They are normally for money claims and similar. Check your state law and local rules.

    I am currently a plaintiff in a massive defamation case. You don't have a chance of accomplishing anything with that route.

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