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    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #1

    Feb 2, 2011, 11:16 PM
    When slander is involved does it have to mention a name?
    I let someone borrow something of mine and when I found out she was talking bad about me the owner of the house let me go in and get the things that belonged to me. Now she is talking about me all over internet sites and threatening me, but my name is not mentioned although I know who she is talking about. If I copy these statuses even though my name is not mentioned is there anything I can do about it?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Feb 3, 2011, 01:18 AM
    Threats: call police.
    Writing about you all over the net: nothing.
    Her landlord, by the way, had no legal right to let you in.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #3

    Feb 3, 2011, 01:47 AM

    First, if this is written, it's not slander. Slander is a defamatory statement that's spoken. This would be libel.

    How to prove libel:

    There are several ways a person must go about proving that libel has taken place. First, the person must prove that the statement was false. Second, that person must prove that the statement caused harm. And, third, they must prove that the statement was made without adequate research into the truthfulness of the statement. These steps are for an ordinary citizen. In the case of a celebrity or public official trying to prove libel, they must prove the first three steps, and must (in the United States) prove the statement was made with the intent to do harm.[17] Since the Sullivan ruling it has been extremely hard to prove newspapers have acted with reckless or deliberate disregard for the truth.


    Found here;

    http://www.google.ca/url?sa=t&source...nbxHpw&cad=rja

    Seeing as your name isn't mentioned, I really don't think you can prove that the statements being made are about you, or that they're false. You may know that they're about you, but no one else would, seeing as the person didn't mention your name.

    If you want to sue, by all means that's your right. Will you win? I doubt it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 3, 2011, 04:49 AM

    I moved your question, I don't understand why it was posted in the Relationships forum.

    You are lucky she isn't prosecuting you for theft. Taking something from her home even with the landlord's permission would make you liable for a theft charge.
    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #5

    Feb 3, 2011, 10:13 AM
    It wasn't her landlord. It is literally the owner of the house. He lives in it, she does not pay rent. He doesn't even want her there, but doesn't have the heart to kick her out on the street, and yes here if you are all living in the same house he had the right to sell all her of things if he wanted too. I had it happen to my friend. Her son was living with her and sold her computer and everything she owned. When she tried to report the things stolen and tell them her son had done it they told her there was nothing they could do because he lived there so it was automatically his stuff too.

    Thank you for your answer.
    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #6

    Feb 3, 2011, 10:18 AM
    Comment on Altenweg's post
    Thank you. I was doing some research on this topic while I was waiting for answers. I am not trying to sue, I just wanted to know.
    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #7

    Feb 3, 2011, 10:21 AM
    Comment on ScottGem's post
    Thank you for moving the question. The options it gave me as to where to put this, none of them really seemed like the appropriate place. Relationship has many different meanings. He's my father in law and she lives with him in his house.
    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #8

    Feb 3, 2011, 10:25 AM
    Comment on joypulv's post
    Thank you for your answer. I should have been more specific on the situation, but I've already discussed it with the police before I did it and they said I could.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Feb 3, 2011, 10:40 AM
    Quote Originally Posted by Taymak View Post
    It wasn't her landlord. It is literally the owner of the house. He lives in it, she does not pay rent. He doesn't even want her there, but doesn't have the heart to kick her out on the street, and yes here if you are all living in the same house he had the right to sell all her of things if he wanted too. I had it happen to my friend. Her son was living with her and sold her computer and everything she owned. When she tried to report the things stolen and tell them her son had done it they told her there was nothing they could do because he lived there so it was automatically his stuff too.

    Thank you for your answer.
    First, you are wrong. The owner of a house has NO right to allow someone to take things that belong to someone living in that house. Unless you can prove that you owned the item, it could be considered theft. I don't know what the true circumstances were with your friend, but it sounds like the police didn't want to get involved in a domestic issue. Just because someone lives in another person's home does not give them any right to their personal belongings.

    You said the police said you could! Could what? Recover your property? Is this the same police that told your friend her son could sell her belongings?

    When you live in someone's house and you are not a family member, then the owner of the house IS your landlord.

    As to the options on where to post, this is clearly a legal question. While it may not be clear what type of legal question, it should have been clear it belongs in one of the Law forums.
    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #10

    Feb 3, 2011, 10:49 AM
    Comment on ScottGem's post
    Wow, guess you put me in my place. I hope it made you feel better.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Feb 3, 2011, 11:46 AM

    Excuse me? This site is about giving correct and accurate answers to people's questions. I wasn't trying to "put you in your place" I was trying to make sure you had the correct information as well as make sure other people reading this thread would know the correct information. It doesn't make me feel any better to have had to correct you. It does make me feel better to know the correct info has been posted.
    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #12

    Feb 3, 2011, 02:20 PM
    Comment on ScottGem's post
    Thank you for your response. It was the same police department and it was a computer in which I had lent for my children to watch movies on during the weekends. I can provide receipts and documentation that it is mine.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Feb 3, 2011, 03:44 PM

    I'm sure you could provide documentation that you purchased it. But it would be harder to prove you still owned it. I'm mostly playing devil's advocate here to make you aware of what could have happened. Doesn't seem its going to happen however.
    Taymak's Avatar
    Taymak Posts: 8, Reputation: 1
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    #14

    Feb 3, 2011, 08:46 PM
    Comment on ScottGem's post
    Well, thank you. It is appreciated. I just find it ironic that the people with bad intentions get away with situations like this while the good have more possibility of getting in trouble then the people who just want what belongs to them back.

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