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    drmc's Avatar
    drmc Posts: 4, Reputation: 1
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    #1

    Jul 19, 2008, 07:24 PM
    I want to sue my kinder
    Hi, Can anyone help me, I would like to sue for defamation of character and I have written statements proving that certain people are accusing me of taking money off the premises of a kinder, even though I am the one who banks it, as I am the Assistant Treasurer.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #2

    Jul 20, 2008, 12:11 AM
    Hi, drmc!

    Greetings and WELCOME to the site! I just moved your question that you had posted in Introductions to this topic area so that it would get the most exposure to those who are best able to answer it. Introductions is for people to introduce themselves and we try to not ask questions there. Further, I hope that this is the appropriate topic are for your question since the term "kinder" can mean a number of different things.

    We would appreciate it if you would return to Introductions sometime to tell us a little about yourself though, if you would be willing to do that.

    Thanks!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 20, 2008, 08:10 AM
    Quote Originally Posted by drmc
    Hi, Can anyone help me, I would like to sue for defamation of character and I have written statements proving that certain people are accusing me of taking money off the premises of a kinder, even though I am the one who banks it, as I am the Assistant Treasurer.


    I hate to admit this but I have no idea what a "kinder" is -

    Anyway, what State/Country are you in? In the US you have to be damaged in some way by the allegations. Are they written? Spoken? Have you lost employment, missed out on raises, been dismissed as Assistant Treasurer - ?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jul 20, 2008, 08:26 AM
    Hello drmc:

    Judy is right. There are two parts to a defamation lawsuit. You have to 1) prove what they did defamed you, and 2) prove exactly how much the defamation cost you. You need to quantify it. It has to be money you measurably lost. It can't be money you MIGHT lose in the future.

    If you can't complete #2, there's no use starting #1.

    excon
    drmc's Avatar
    drmc Posts: 4, Reputation: 1
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    #5

    Jul 21, 2008, 02:12 AM
    Kinder means preschool in Australia, the accusations that were made against me, and spread throughout the community were just proven wrong through a mediation centre
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #6

    Jul 21, 2008, 02:21 AM
    Quote Originally Posted by drmc
    Kinder means preschool in Australia, the accusations that were made against me, and spread throughout the community were just proven wrong through a mediation centre
    So, I would think that all is said and done now, as well as hopefully to your satisfaction. Is that correct?

    Thanks!
    drmc's Avatar
    drmc Posts: 4, Reputation: 1
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    #7

    Jul 21, 2008, 02:55 AM
    Yes you would think it would be, but I am still not happy that they have varnished my name and especially one person in general. Do you know if I can sue for defamation of character?
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
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    #8

    Jul 21, 2008, 02:58 AM
    I wouldn't see a reason for suing for defamation of character if they have cleaned up after themselves, so to speak.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 21, 2008, 04:30 AM
    Quote Originally Posted by drmc
    yes you would think it would be, but I am still not happy that they have varnished my name and especially one person in general. Do you know if I can sue for defamation of character?

    What are your damages?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jul 21, 2008, 06:24 AM
    Was there ANY basis for the charges? Did this person actually make statements that they knew were lies?

    The defence against defamation is the truth. So, unless you can prove that this person was fully aware the accusations were false and made maliciously, you don't have a case.
    drmc's Avatar
    drmc Posts: 4, Reputation: 1
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    #11

    Jul 21, 2008, 07:26 PM
    Well yes I have written statements and meeting minutes with a witness that what they wrote down was incorrect and against what I said, also many people have told me that they made up false allegations against me to get what they want
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Jul 22, 2008, 06:28 AM
    Quote Originally Posted by drmc
    well yes I have written statements and meeting minutes with a witness that what they wrote down was incorrect and against what I said, also many people have told me that they made up false allegations against me to get what they want

    You need PROOF that the people making the allegations KNEW they were false - for example, the potential Defendants said, "We're going to make something up and then accuse him of stealing" as opposed to your witnesses saying, "they said he was stealing and I heard them say it."

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