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  1. #1

    Unhappy Can You Be Sued for Sending Text and Can a Prepaid Phone Be Traced

    My question involves defamation in the state of: Texas

    I'm not proud of what I did but I sent a text message a few weeks ago to estranged spouse of my signficant other to tell them they shouldn't let their estranged spouse spend the weekends at their house any more because evidence was being gathered to use in the divorce case for custody.

    The sigficant other was asked to leave and now they are furious (rightly so) and looking to track down the sender of the text to sue and file charges against. They are even talking about contacting the police and hiring lawyers.

    What was said in the text wasn't a lie and it was done using a prepaid cell phone.

    I very much regret what I did and only did it so I could spend more time with this person but this person says it made them lose any chance of custody which I NEVER meant to happen.

    Can this text be traced back to me?
    Can I be sued or arrested for this?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can You Be Sued for Sending Text and Can a Prepaid Phone Be Traced

    Can this text be traced back to me?
    Did you register a credit or debit card to top up the minutes when they get low? If yes, then yes.

    HOWEVER...there has to be a very, very good reason to trace the text, and getting a single, mean-spirited message isn't sufficient cause.

    Can I be sued or arrested for this?
    For what? Butting into something that wasn't any of your business? It's stupid, but it's not criminally so.

  3. #3

    Default Re: Can You Be Sued for Sending Text and Can a Prepaid Phone Be Traced

    I did not register a credit or debit card but when I acivated the sim card, it asked for the IMEI on the cell phone which is one I already had. This person whom I love very much is furious and out for blood. One of the dumbest moves of my life.

    Thanks so much for your help.

  4. #4
    Join Date
    Aug 2009
    Location
    San Antonio, Texas
    Posts
    57

    Default well...

    If it were a law school exam, I could potentially think of either criminal charges to file or civil suits that could be filed.

    In a practical sense, you are unlikely to be in legal trouble. As a former DA and current private attorney I can assure you that this sort of foolishness goes on all the time.

    It seems like a very volatile situation. Don't do anything more. In a full blown lawsuit/prosecution determining that you sent the text would be easy.

    Good luck with your situation.

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