You Can Sue for Defamation in Small Claims Court
Wow. I may actually know what I’m talking about.
In one of my earliest postings on this blog (recently updated to reflect the new damage limits), I recommended Small Claims Court to those who have been defamed, but can’t afford an attorney, or where the numbers involved would not justify the expense of an attorney. At the time I wrote that article, the maximum amount of damages that could be recovered was $5,000 as I recall, but it was raised to $10,000 in 2012, and then $12,500 in 2023. (It was originally intended to go to $15,000 that year, but apparently the Governor though that was a little too high.)
Obviously, even with this higher amount, this is not the way to go if you have a case with significant damages, but often the damages are minor, or damages are simply not the victim’s purpose in bringing suit. I suggested that an action in Small Claims Court can be an effective way to stop someone from continuing to defame you, and permits you to respond to anyone who asks you about the rumor, that you sued the defamer in court and won. Continue reading
How to Stop Defamation When You Can’t Afford an Attorney
Is there a way to stop defamation when you have limited funds to hire an attorney, or the damages you are seeking would not make hiring an attorney economically feasible?
Here’s a call I get a few times a week. Someone somewhere has managed to upset someone else, usually over a miscommunication. Alternatively, it will be an ex-boyfriend, girlfriend or spouse that feels they were done wrong. The offended party responds to the perceived offense by going onto various social networking sites and posting false, defamatory statements; Facebook is a popular choice for the vitriol. The victim of these accusations wants my assistance in getting the statements taken down.
I can do that, but at a cost. And while I sometimes take a case on a contingency basis (receiving a percentage of the amount recovered), most of the time such an arrangement is not workable since the primary goal of the action is to remove the defamatory materials, not for damages. An attorney cannot take a case on a contingency basis if there are no damages or if the defendant has no ability to pay. Indeed, in many instances an attorney should not take a defamation case on a contingency basis since that will then make the case about money instead of being about solutions.
Is there a solution for those who can’t afford representation?
