Ask Me Help Desk - Husband name

My Ex landlord is suing me in SMALL CLAIMS court for Defamation of character and the inability to rent his units to the tune of $5,000 based on a ANONYMOUS post on Craigslist in chico ca. While it has some personally identifying remarks and situations. It was not signed, nor have I done anything to physically implicate myself. However on the off chance that it could be proven ( I am taking the first amendment and pleading the fifth in court) the post states ALL true facts etc most of which are verifiable. Now I was told today by SHARP, Legal aid and the Court clerks that he has filed in the wrong department. He was supposed to sue in CIVIL court because it is a CIVIL matter not a small claims matter. Because the claim that he was damaged stems from an action not physically violating him, thus there is no actual tangible damage ( like a damaged apartment etc.) They said the court will dismiss the entire action and he will not be able to sue me in civil court for the same thing after he fails this attempt. I was filing a harassment return suit on him but they said it would be pointless because the judge will most likely not even hear the case! So I just wanted to get some input on the situation. What will happen from here? Because in this county just because it is the law does not mean that the judges will actually follow it. I am getting prepared either way but should I file on him in return? Or should I just let it go and move on? I just don't get what I should do.. Doesn't he HAVE to physically PROVE it was even me who wrote it? Have something with my name or me admitting to posting it I mean how can he charge me with no proof!

Umm.. it says husband name? I never put that.. what the heck? Is there anyway to change to posts title? Good grief.

Quote:

Originally Posted by chinarainwater

My Ex landlord is suing me in SMALL CLAIMS court for Defamation of character and the inability to rent his units to the tune of $5,000 based on a ANONYMOUS post on Craigslist in chico ca. While it has some personally identifying remarks and situations. It was not signed, nor have i done anything to physically implicate myself. However on the off chance that it could be proven ( i am taking the first amendment and pleading the fifth in court) the post states ALL true facts ect most of which are verifiable. Now i was told today by SHARP, Legal aid and the Court clerks that he has filed in the wrong department. He was supposed to sue in CIVIL court because it is a CIVIL matter not a small claims matter. Because the claim that he was damaged stems from an action not physically violating him, thus there is no actual tangible damage ( like a damaged apartment ect.) They said the court will dismiss the entire action and he will not be able to sue me in civil court for the same thing after he fails this attempt. I was filing a harassment return suit on him but they said it would be pointless because the judge will most likely not even hear the case! So i just wanted to get some input on the situation. What will happen from here? Because in this county just because it is the law does not mean that the judges will actually follow it. I am getting prepared either way but should i file on him in return? Or should i just let it go and move on? I just dont get what i should do.. Doesnt he HAVE to physically PROVE it was even me who wrote it? Have something with my name or me admitting to posting it i mean how can he charge me with no proof!?

Let's start by saying that Court Clerks are not allowed to give legal advice UNLESS they are Attorneys, which I've never seen. Whatever the Court Clerk says is meaningless - entertaining, but meaningless.

I don't know what State you are in but you can sue for this type of damage in NY. Small Claims is based on the dollar amount, not the type of action here.

Yes, he has to prove that you wrote whatever you wrote AND that it damaged him monetarily. Perhaps he's claiming he couldn't rent the apartment based on what you wrote. He needs to prove the source and prove damages. The evidence has to be more on his side than yours - it does not have to be overwhelming or 100% - in order for him to win. He may have subpoenaed Craigslist or just about anything else.

It's hard to know what he's got as proof.

Most small claims courts only accept cases where there is a specific cause and action that resulted in monetary damages. I would agree that this is not a small claims matter in most places.

No matter what court is involved, in a law suit, the burden of proof is on the plaintiff. You need not say anything. The plaintiff must prove to a jury or judge that you were the one who posted those remarks. He must all prove the remarks were untrue. Your defense, if you need to mount one is that the remarks were accurate.

Quote:

Originally Posted by chinarainwater

... i am taking the first amendment and pleading the fifth in court ...

The First Amendment is not a defense to a defamation action.

The Fifth Amendment doesn't apply either. You can only refuse to answer a question if answering would tend to incriminate you. "Incriminate" means criminal charges. You are not, nor will you be, charged with a crime. So, when questioned about it, you can be ordered to answer the question.

If you refuse you can be incarcerated for contempt of court.
If you answer and lie, you can be prosecuted for perjury.