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    tan4christ's Avatar
    tan4christ Posts: 1, Reputation: 1
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    #1

    Jul 12, 2009, 02:33 PM
    Falsely Accused of Murder Knowingly


    On May 1, 2009 my fiancé was murdered by an unknown assailant who was attempting to do a home invasion robbery. We had only moved there in March. After the crime me and my girls were relocated by law enforcement. The next door neighbor who I really do not know begin spreading lies and rumors to everyone who visited the residence to put down candles and flowers for my fiancé. The lie begin that I locked him out of the house and that is why he was killed, it then went to I took his keys off his ring that is way he was murdered, it then went to I had him set up to be murdered and these things were told to my fiancés family, my family and mutual friends of my fiancé and I. This has caused a lot of talk, threats and doubt as to my credibility as a member of the clergy. I wasn't able to attend his memorial service because my family felt it wasn't safe after the rumors had been spread, causing me much emotional distress. I have filed a suit in small claims court against this person for slander, defamation and emotional distress. Do you believe I have a chance at winning this case?
    LovesTheSun13's Avatar
    LovesTheSun13 Posts: 68, Reputation: -2
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    #2

    Jul 12, 2009, 02:40 PM
    The court could question if the other person's story could possibly make sense, Unless they have already caught the person who murdered your fiancé. But if everything is in order, when my cousin got her computer account hacked, she sued the person for emotional distress and being mis-charactered, and she Won so I'm thinking, you have a good chance
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Jul 12, 2009, 02:46 PM
    It seems that you've suffered sufficient damages to have a case. And if your neighbor cannot prove her claims I think you have a good chance of winning.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jul 12, 2009, 03:45 PM

    What are your damages financial wise? Have you been seeing a therapist/psychologist/psychiatrist for your emotional distress over this and paid out sums of money for treatment?

    I can see slander and defimation of character winning, but I am not too sure about the emotional distress. You will need more than just telling the judge you were upset about the untruths being spread around by that neighbor.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 12, 2009, 04:55 PM

    What State? Small Claims in many States - but not all - will not entertain emotional distress/pain as grounds for a lawsuit. Has the Court Clerk OK'd this filing?
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