Defamation of Character

[lvnagain]

contact I perspective landlord and inform them they were
with the prosecutors office and were prosecuting on fraud
charges. They also stated I was to appear in court on
this "FRAUD" the following day.

This call cost me from completing the move to a larger
home and better conditions for my 2 young boys who are
currently sharing a room, so I was curious about what
legal actions and violations the 2 people involved have
violated, one of them being an Ex-wife that's upset since
I won custody of our son.

The truth was I was appearing in court against them but it
was a small claims suit for funds the plaintiff wasn't
entitled too. As the defendant I won and the plaintiff was
informed that it was a fruvilous lawsuit which he was
sueing the wrong person for forclosure costs since I filed
bankruptcy on the property he was sueing for.

The plantiff has been warned numerous times that sueing me
was in violation of federal bankrupcy courts by my
attorney and he may have santions if he continued which he
did.

Thanks for your advise in advance and any links to
documents that may provide help in my legal quest.

Tyson

 

[Michael Wechsler]

I'm really not sure I understand what is going on and what you are seeking. It seems that someone violated federal law and sued you for a claim extinguished in bankruptcy. This isn't a defamation case but you should request sanctions against the party that brought a frivolous lawsuit and it is possible to collect damages against them.

 

[lvnagain]

Deffamtion explanation

Not quite, me Ex and an acquaintence of her's contacted a perspective landlord that I was already set to move into the home. When they contacted the landlord they told her I was being prosecuted on fraud not to mention several other item which was untrue, and that they were from the prosecutors office. We checked the caller ID's of all people contacted and the traced back to her and a friend that was party in another suit against me.

After very extensive persuasion and investigation on our part the landlord went ahead and allowed us to move in but wanted an additional $800 since she may get more than she bargained for with an obviously vendictive ex.

Plus I am the victim and witness against her in a Felony injury to child case which seems like another violation of harassing the witness.

 

[Michael Wechsler]

That is technically defamation and actionable. You might also be able to recover the additional $800. I'm not sure that the amount is going to be very high although enforcement against your ex sounds like it might prove challenging. If there is a criminal prosecution against her you may want to contact the prosecuting district attorney.