My son was arrested five years ago for grand theft, completed probation and is now free and clear of everything. Recently he borrowed money from a couple of friends and has been slow paying it back. He had agreements with them and was working to pay everything back, but not as quickly as planned. They got wind of his previous arrest and have been trying to ruin him. They have been telling everyone he is trying scam people out of money and even called his boss. He subsequently lost his job. Now someone else has made a blog post saying he is going to scam again when he is not. How can we put an end to all of this and just move on with life?
There are quite a few potential issues. Libel or slander might be an alternative BUT TRUTH IS A DEFENSE. Perhaps invasion of privacy. Calling an employer about a debt is generally taboo. Posting on social media is potentially the worst detriment because once posted, it is difficult to have removed. You should contact the web site and try that asap.
Then retain an attorney as to other matters available to you.
As the criminal past is true and the scam aspect is possibly opinion based on fact that he has been remiss in paying back several loans, your best bet may well be to get local counsel to write cease and desist letter to get blog post removed and to stop the offending behavior. Your son should also try to pay back the debts which instigated these actions.
I agree with my colleagues: while libel and slander may be an option, truth will be a defense. Your best course of action is probably to retain a local counsel to send a cease and desist letter to remove the blog post and have your son pay back the debt.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
There are several issues to be addressed here. First, what the "friends" are doing is a violation of the Florida Consumer Collection Practices Act, in particular the employer contact and third party disclosures. This provides a solid means to file a law suit provides both a $1,000.00 penalty along with actual damages and the ability to recover legal fees. In addition, the allegations of him being a scammer may well support a defamation case, depending on the facts and allegations. The difficult thing here is doing something with these rights as typically regular people as defendants do not have the financial ability to reimburse the legal fees nor pay the damages caused, so 99% of lawyers will not take such a case on a contingent fee. This means that as a general rule, the "Popeye Principle" is in effect, where when you "cant stands no more" you pop your wallet fulla spinach and retain a lawyer out of pocket to intervene,typically with a law suit. If you can't justify spending the money, which may be fairly expensive, hiring a lawyer then the likelihood of a legal remedy with lawyers or lawsuits is slim. To save yourself money, don't waste time paying for a lawyer to do a cease and desist letter, in this circumstance as generally all this does is inflame the situation and force the offenders to simply be sneakier by using fake screen names etc. He could also try a local county mediation service to see if that will help, but if all has to offer is explanations and more promises to pay you are likely wasting your time.
That stated, as to "how can we put an end to this?" the practical answer is quite simple. Stop making excuses for your sons conduct and insist that he act like a responsible person by abiding by his promises and good word. Translated: have your son make whatever sacrifice necessary to repay the money he borrowed IMMEDIATELY. Use of phrases like "working to pay back", "slow paying back" or "not as quickly as planned" drip with enabling on your part by trying to justify his actions or conduct or by giving credit where credit is not due for "trying". Again translated: "stiffed his friends who helped him", "making up stories about wha ha happen was......" Other than your son being involved in T-Ball, Outcome Based Education or No Points Soccer, no one gets credit for trying or a trophy for a good effort, you either achieve or your fail, period. As a parent, you should be encouraging him to live up to an abide by his obligations first and foremost, not aiding him in playing the victim when he has created the circumstance he complains of. This does NOT excuse the other people their conduct in any way, but your question sought solution to "how to end this and move on".
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Perhaps you could pay your son's debt to these people and obtain a receipt for full payment. Your son could then repay you and get these people off of his back. I do not see any liable case here, as much appears to be the opinions of others.
Opinions are not actionable. You may find it helpful to review the Legal Guide I have published on .com which deals with defamation issues. You can access my Legal Guides through my profile page on .com.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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I agree with the other attorney that the friends may have violated the law by calling the employer. It's not clear cut based on what you have stated. I disagree with the attorneys that are saying that there clearly is not a case for defamation. You may have a case. I recently won a case where calling someone's business a scam was found not to be pure opinion and was therefore not protected. We need more facts. What is your son doing that the friends are calling a scam? What else have the friends posted or said? Also, don't forget that there could be a criminal aspect to this as well. The friends may be violating Florida's criminal code against stalking and harassment, in which case you should call the local sheriff and document all the ways they are harassing him. The Sheriff's deputy should at least go and put the friends on notice that continued harassment will lead to an arrest.
I agree there may have been a violation of Florida law when the friends contacted your son's employer regarding the debt. Your first step would be to contact an attorney to evaluate your case and send a cease and desist letter to remove the online posts. Second, my advice is for your son to pay the debt owed/bring it current. An attorney would need some more info. in order to determine whether or not a defamation action would be worthwhile (e.g. If you facts meet the elements to show defamation; if you could recover anything for damages).
Your post raises some interesting concerns which might be a blessing in disguise for your son. Depending on the size of his debt, the facts as you state them could result in erasing it. As the others have stated, truth is a defense in a defamation case but calling the employer and posting comments on a blog can result in an action on your son's behalf against these individuals. A strong letter to these people might just result in them going away, not pursuing your son for the debt & as you say allow him to move on with his life.
No, this is not Libel at all. It might be slander, if you can prove that what is being said about your son is false. If what is being said is true or has its basis in truth, then you don't have much chance. Libel ivolves the written word. Slander involves speech. The key thing to remember about both libel and slander is that to win a case, you must prove that what is being written or said is FALSE.
