I have another forum where I post and I have asked questions about a serious legal issue my Aunt (who about a year ago moved near me)is facing in a divorce. I describe much of the issue in a lot of detail but certainly never give any names, etc. I do at times refer to him as the 'foreman of the local machine shop' because what I am asking involves that duty of his being a foreman and his wife (my aunt) is so much older than he is and I make that distinction in a few places, too. Now the only way someone could identify me or my aunt is that I have a profile that correctly identifies the small town in which we both live. (actually I no longer live there but have never updated my profile). My Uncle has lived in that town his entire life.

My log-in name is also 'identifiable' not as my actual name but only because those who know that log-in name could glean it is 'me' from other sites where I use the same name (it's not Wallabee4), but again they would have to know me personally from off those sites (my real name does not appear on-line for public viewing but I have a few off-line communications made from those sites, so a handful of people I've corresponded with over a year or so would thus possibly be able to know my Uncle's real identity only if they searched other forums, found my posts, and thought about it long enough to give a damn. Obviously that's what he has done, as I made no notification of my posting anything anywhere. I used that forum as a sounding board/advice/comfort, much as I do here.

I will say that in frustration at times I have called him names in that forum and I have referred to him as a thief--pretty much for brevity sake I didn't bother to type 'alleged thief'and also I didn't think it mattered.

My soon-to-be ex-Uncle has included me named in a harassment lawsuit (really, truly, I got papers served!). He only recently discovered this forum (I'd have to guess that he's searched out anything he thought he could use in the divorce) and I've been posting various questions for about 7 months. He says that I slander him in what I ask on-line, that I've made numerous false accusations and misleading questions. (He says it's wrong that in a few questions I post that I 'pose' as him to ask the question. That's true. I am asking to get a certain viewpoint answer. Is there, do you think a problem with that?)

He goes into other accusations such as that I drive by his house slowly to harass him. (The speed limit there is 25 mph, so don't know how I could drive past quickly.) He says that I harassed him by standing in the hallway when he was at an AA meeting in the basement of our local library. When I saw that in the charges, I had to research the date, as it turned out I was in the library in another room for an author's book signing and my only recollection of being 'in the hallway' was when my daughter and I went to get a drink from the fountain. Evidently he saw me, but I hadn't seen him.

There are about 15 other incidents all about the same ilk, the worst probably being this slander he accuses me of in the question forum.

So, I'm coming here to hopefully have a safe place to ask. Thanks.

Anybody can sue anybody for anything. Prevailing in such a suit is another matter entirely. It doesn't appear that he has a case.

Get an attorney to move to dismiss, and ask the court to assess a penalty against him for this groundless case.

Of course he can claim it is, often perhaps depending on how much personal information you post, but also if or if not the things you post are true, There is sometimes a difference between your truth, his truth and the real truth at times.

But if the facts match exactly, if you often perhaps tell people you know locally about your posts and the posts are done in a manner that could be considered wrong against the person, yes they could try to use that in a case against you.

The judge most likely would not allow it to be entered into evidence, but then you may find one that will review it for content.

We again, we are liable and responible for things we post.

Fr_Chuck, to answer you: I have told absolutely no one (including my aunt) about these posts. The site is a national site as well, not a local site. On that basis, is there anything else to add?

Of course whlie many don't believe it a foreman having this or that issue may make a dozen people nation wide, and it takes a lot of personal info to narrow it down.

Perhaps you believe you needed a lot of info for your question but I find most of the time, that most posters give more info than is needed and often live info that should be out.

But as noted, they can claim it is, they can accuse you, and even sue you, not sure about who will will

Thanks for the good replies. One more thing: if he was found guilty of theft (so me calling him a thief turned out to be true and it's my opinion that he's a {swear word) I know truth and opinion are not slander, but can posting the truth and giving an opinion (under any circumstances--and we are in the United States with freedom of speech now) be considered harassment?

... can posting the truth and giving an opinion ... be considered harassment?

Unlikely. But for the purpose of discussion, let's first ask this: is "harassment" an actionable tort? Apparently it is a crime (http://en.wikipedia.org/wiki/Harassment_by_computer) in a few states. Read the article at the above link, but I don't think what he's alleging has any relationship to what is described in that article.

You may call him a theft, he is was convicted ( not just charged) with the crime of stealing. You can not call him
**** curse word back at you**** because that is opinion not fact ( although it well may be true.

As noted anyone can sue. In a charge of harassment, you have to cite the local statute being sued under for us to know what type of case he has. For slander he needs to prove the statements were false, malicious and damaged him.

But if he has a lawyer, you better have your own before you go into court.

... it's my opinion that he's a {swear word) ...


... You can not call him
**** curse word back at you**** because that is opinion not fact ( althought it well may be true.

That is a matter of what exactly the "swear word" is. Some such words can have a literal meaning, although they are frequently meant and understood in a figurative sense. For example, if you were to call him a "bastard", there would be at least two possible meanings:

You might be suggesting that his parents weren't married (the litereal meaning); or
You could be saying that he is a bad person (the figurative meaning).

If your audience understood you be suggesting the literal meaning, I don't think that is "defamation per se". Defamation per se falls in one of several specific categories (saying someone has a loathsome disease, has committed a crime, etc.) and doesn't need proof of specific damages. Because it would be hard to prove specific damages, it is doubtful that he would have a case for such a word.

And he wouldn't have an actionable case for calling someone a "bastard" in the figurative sense. Truth or falsity is impossible to prove. We have all acted in such a manner, on occasion. It's not defamation.