My question involves defamation in the state of: NH
I wish to intentionally defame a fellow that intentionally defrauded me by creating a website and proving by documentation that this fellow did indeed defraud me of ~$4000. I wish to share my opinion on this fellow who will likely become a Doctor of Psychology this upcoming May.
Why? I believe that any medical practitioner should be held to a high standard of ethics. He currently practices psychology professionally and once graduated with a PhD of Psychology will likely practice in that capacity. It is my opinion that he is unethical and should not be practicing medicine. I wish to use the power of the internet to let anyone who searches for this person by name see that he willfully, knowingly and intentionally defrauded me of ~$4000.
Note: This occurred August, 2011. Statute of limitations has run. I have no legal course of action.
I own a triplex and rented it to this fellow. He signed the lease and paid me by Paypal. I transferred the money from Paypal to my banking account. About three weeks later Paypal abruptly, without notice pulled the money back from my account. Paypal’s reason: “He claimed that you broke into his account and transferred the money.”
Lease was valid, complete, dated and signed. Many emails that show the fellow certainly intended to move in, and emails asking if I had received the money from Paypal. In short this is clear and provable fraud. Apparently he found a better deal and instead of invoking a break-lease clause of one month unpaid rent (which, after the fact I offered to him as a course of action to satisfy both parties) he decided to defame me in the eyes of Paypal. (Note: I have no issue with Paypal, they believed it when the fellow said I broke into his account.)
I could have gone after this in District Court as a landlord/tenant issue or even Small Claims but for reasons I will not get into I did not.
All of the many emails back and forth about this (did you get the funds from Paypal) contain headers. All are provable by an expert witness. There is zero heresay here. Please do not tell me it will be expensive to hire an expert witness to make the emails admissable, that is not material here.
I want the world to know that in my opinion this fellow (he will be named) is dishonest and I (I will share my identity) want to share my opinion that he is not fit to practice as a Doctor of Psychology. I believe I owe others (in this case, the world) the obligation of sharing the facts that show this fellow casually engaged in significant Criminal fraud. It will be up to each reader to decide if he is fit to practice or not.
Is there any reason why I should not create a website showing in detail the train of documented communication PROVING that he defrauded me and sharing my opinion that he is unfit to practice medicine?
Is there any reason why I cannot post, on this website, an exact transcript of what he wrote to me, including headers, and what I wrote to him? (Or facsimiles of actual documents).
Please do NOT tell me that this will turn into a defamation lawsuit. Please do NOT casually throw out “cost,” “not worth the time,” etc. If you cannot answer this with facts of law, please pass it by. The power of the internet as an [U]alternative[U] to our complex and expensive legal system seems immense to me. I wish to test the waters.
Defamation: 1. (Law) law the injuring of a person's good name or reputation.
The above definition of defamation is correct and I intentionally wish to make public documents and facts that may indeed harm his good name as a person and as an eventual Doctor of Psychology. Legally there must be other elements to maintain a Court action against me for defamation. To maintain a lawsuit once this website is up he must prove that my written opinion of him is not based upon fact. Truth is the absolute defense to defamation, and I know that what I will publish will only be truth.
Indeed, I will invite him to be the very first person to view my website if he cares to, and I will publish any rebuttal that he gives me, and give him plenty of time to take any action that he wishes to do so such as an injunction . I will even give him plenty of time to stop me BEFORE the website becomes active.
If push comes to shove I will be very happy to meet off with this fellow or his lawyer in Superior Court for as many years as will be necessary for such an action to be put before a jury. (I was once involved in a civil action that lasted 5 years so I know how complex this could become (and I prevailed)). Were he to do this I believe that the end result will be a judge’s findings that could be used to show that he did intentionally defraud me. If that were the outcome I would share this document of fact with 50 state Boards of Psychology and let them decide if he is fit to practice.
Thank you for reading this.