If an ex-girlfriend is threatening to sue me on slander/defamation for telling my side of our break up to some mutual friends, is this a viable case?

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If an ex-girlfriend is threatening to sue me on slander/defamation for telling my side of our break up to some mutual friends, is this a viable case?

When we broke up she started hitting me. I said she attacked me; she’s says she didn’t. I said she was crazy; she says she isn’t. Is this enough to bring someone to court?

Asked on February 7, 2012 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Defamation is the public making of untrue factual statments which damage another person's reputation. Telling something to people you know is to publically make the statement; a claim that someone attacked you or is mentally ill is a factual statement which could damage that person's reputation. Thus, if your statements were false, you may have defamed your ex-girlfriend.

From what you write, she may well have enough to file a lawsuit and take you to court; then whether she could win or not would depend on what could be established about the statements' truth or falsity. If she sues you, in addition to defending yourself in court, you could possibly countersue her if she has made potentially defamatory statements about you.


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