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-   -   Can I be sued for slander? (https://www.askmehelpdesk.com/showthread.php?t=274187)

  • Oct 27, 2008, 11:24 AM
    fastfill65
    Can I be sued for slander?
    I was taken advantage of by an building contractor who worked on our home. I paid him over $50,000, but he only did about half of the work. And the work he did do was all wrong, and we have had to pay someone else to correct it. I have all the paperwork to prove my case, and am planning on suing him. But we just fould out he has numerous claims agiant him already. And just keeps chaining his business name. I would love to recoop some of my lost money, and make sure he does not do this to anyone else. I was planning out taking out some ads in the local papers, and also buying a big van and having it lettered. I was planning on have it lettered something like " NAME OF THE CONTRACTOR" IS A CON ARTIST. HE TOOK OVER $25,000 FROM US, AND NEVER DID THE WORK. Ect, Ect. Since this is all true, and I have the paperwork to prove it, would this be considered slander?? Thanks for anyone help or advice.
  • Oct 27, 2008, 11:27 AM
    ScottGem

    No, but it might be considered harassment. Is he a licensed contractor? Have you filed a complaint with the local licensing bureau and tried to get his license revoked? Was he insured? Did you try filing a claim against his carrier?
  • Oct 27, 2008, 11:31 AM
    fastfill65
    He told us he was licensed, but is not. In fact he had someone else who is licensed take out th epermit in their name. He also has no insurance. I am partially to blame for not checkinf his credentials. I just assumed everything was in order, because he was able tro get a permit for the job.
  • Oct 27, 2008, 11:33 AM
    ScottGem

    Sue the person who took out the permit.
  • Oct 27, 2008, 11:36 AM
    fastfill65

    That is our plan. But he did more work than was listed on the permit, so we can't sue for the full loss. Also suing the person who took out the permit, does nothing to punish the guy who took our money. Nor does it prevent him from doing it to someone else.
  • Oct 27, 2008, 11:37 AM
    ScottGem

    Checking with the building department. He may be criminally liable for fraud.
  • Oct 27, 2008, 11:39 AM
    fastfill65

    I will do my best, Thank You for your insight. But to be honest, I just love the thought of parking a big van outside his home. All lettered up stating the facts that he did steal our money
  • Oct 27, 2008, 11:41 AM
    ScottGem

    I'm sure that would give you a great deal of satisfaction, but it would also give him grounds for a harassment suit.
  • Oct 27, 2008, 11:43 AM
    fastfill65

    Yes, but would get a lot of attention to the situation. I would be willing to take the risk. How bad could the penalty be?
  • Oct 27, 2008, 11:48 AM
    excon
    Quote:

    Originally Posted by fastfill65 View Post
    Ye How bad could the penalty be?

    Hello fast:

    I don't know. Depending on how much he can prove you cost him, it could be hundreds of thousands...

    excon
  • Oct 27, 2008, 11:50 AM
    fastfill65

    I would think that as long as I can prove what I am saying is the truth, it is considered free speech!
  • Oct 27, 2008, 11:57 AM
    excon
    Hello again, fast:

    You are assuming too much... There are very tricky lawyers out there. You don't sound so tricky. I'll bet you lose.

    excon
  • Oct 27, 2008, 12:00 PM
    ScottGem

    Sorry, no. The first Amendment doesn't apply here. It would still be considered harassment.
  • Oct 27, 2008, 12:04 PM
    fastfill65

    Sorry for sounding dumb, but it seems this guy can rip me off, and steal my money. And I can't advertise this in public? If I do I am harassing him? Well I guess I would be harassing him, but I would hope it would help to convice him to refund the money he stole from me.
  • Oct 27, 2008, 12:12 PM
    ScottGem

    You are looking at this from the wrong angle. You have a number of avenues open to you. Poilice Departments have bunco squads that investigate such fraud cases and prosecute offenders. You can report him to various agencies like the BBB or other groups where people go to check out contractors. You can report him to local housing departments. Is there anything like an Angei's List in your area where you can list your experience.

    So you do have options. But parking a billboard in front of his house isn't one of them.
  • Oct 27, 2008, 12:16 PM
    excon
    Hello again, fast:

    Actually, I think your idea is a great one. I hate to be ripped off, and I love doing stuff to the perpetrators. I had a lawyer who screwed me once. I did the very same thing you're talking about doing. Boy, it felt good...

    But, I didn't have any assets to protect at that time. If I had, I'll betcha I wouldn't have done it.

    excon
  • Oct 27, 2008, 12:37 PM
    fastfill65

    Well. The good news is I don't have any assets to protect. I was recently remarried, and everything is in my current wife's name. So can't get blood from a stone, any may just be worth the hassle.
  • Oct 27, 2008, 12:40 PM
    excon
    Hello again, fast:

    If you live in a community property state, her stuff is YER stuff.

    excon
  • Oct 27, 2008, 12:43 PM
    fastfill65

    I live in Ma which is NOT a community property state
  • Oct 27, 2008, 01:14 PM
    kittycatMandy

    What did you want him to do?

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