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Florida Libel & Slander Questions & Answers
1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for Florida on
Q: Is a text message legally binding?

Can an agreement via text be used in court as a legal binding agreement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2020

Usually oral agreements would be considered to be legally binding if the terms can be sufficiently proven. The statute of limitations can be different if an agreement is not in writing. While it's possible that a judge might for some reason think a text message doesn't qualify as a... Read more »

1 Answer | Asked in Libel & Slander, Civil Litigation and Domestic Violence for Florida on
Q: Can a person violate an injunction for stalking if they file an injunction based on lies with the court in retaliation.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 26, 2019

No. The Judge will sort all of this stuff out soon enough.

1 Answer | Asked in Libel & Slander for Florida on
Q: Can a New Jersey employer who sends a cease and desist letter with false claims to a former employee be sued for libel?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2019

No, libel requires "publication", i.e.: sending it to someone other than the supposedly "libeled" person (the former employer, in your example).

3 Answers | Asked in Libel & Slander, Products Liability, Civil Litigation and Small Claims for Florida on
Q: Rented some tires left their shop and the tire flew off and the shop refuses to pay for what tore up and terminated conc

I Rented some tires from a place left their shop jumped on the expressway herd a clanking noise slowed down until the next exit got off and my tire flew clean threw the intersection and into the woods! Simply put i called the proper people got towed back to their shop and the guy got mad cause i... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2019

Rental of tires is something I've never heard of. But I suppose that, if they put the tires on your rims and mounted the rims on your truck, they should have made sure the lug nuts were properly torqued.

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3 Answers | Asked in Animal / Dog Law, Criminal Law and Libel & Slander for Florida on
Q: Animal control showed up because r/m has been neglecting her animals. Stopped trying to help when r/m became abusive.

Was also not in a financial situation to care for them as I just gained employment on 7.19.19. I have an 11 year old child that I have struggled to feed and shelter due to finances and have been trying to get out of this unhealthy environment. Animal control said that all persons in the home could... Read more »

Gary Kollin
Gary Kollin answered on Jul 30, 2019

What is a r/m?

https://acronyms.thefreedictionary.com/R%2FM

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1 Answer | Asked in Civil Rights, Libel & Slander and White Collar Crime for Florida on
Q: I have reason to believe a tenant is stalking me and using covert surveillance without consent for nefarious purposes.

It has been happening for an extended amount of time, and when I recently used an RF bug detector, it has confirmed my suspicions. It also confirmed that an employee is directly related to this incident even though I have nothing personal against that employee. The reason for this is because my RF... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 29, 2019

You did not ask a question. You probably will get no response if you don't ask a question.

1 Answer | Asked in Civil Litigation, Libel & Slander, Family Law and Child Custody for Florida on
Q: Can you have your childs other parent take a drug test to prove he/she is not on drugs? For sole parental responsibility

I believe my sons father is on drugs and wanted to know if/how to get proof of it. I want to have sole parental responsibility when we have split right now.

Denise Martinez-Scanziani
Denise Martinez-Scanziani answered on Apr 3, 2019

You have to make this request in writing to the judge. Depending on the basis for your request, the court may order a drug test which can be done by either a urine sample or a hair follicle drug test. the hair follicle drug test will detect drug use for a much longer period of time than the urine... Read more »

2 Answers | Asked in Libel & Slander, Personal Injury, Real Estate Law and Civil Litigation for Florida on
Q: We own a mobile home in a mobile home part. Back in Sept. They evicted us. For a no real reason.we tried to pay our ren

They fused to take . We we're harrassed beyond belief when I figured out a scam they were making more money off us . By charging extremely high wAter bills were a result of leaks we had under our mobile home. We had a lot of evidence but the judge sided with the big money attorney. That was a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 3, 2019

"... we got a letter stating the right to claim abandon property. Does this mean we get our home back. [?]"

No. Abandoned property means the mobile home, as well as stuff you left in it,

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1 Answer | Asked in Libel & Slander for Florida on
Q: Out of state small claims court question

My florist violated our wedding contract and did not bring the flowers/colors of flowers we agreed upon and instead brought, dying, wilted, brown flowers to our wedding that were not the right color or flowers agreed upon in our paying contract. When I called her the day of the wedding she was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 16, 2019

It depends. If the suit is filed in Florida, the lawyer must be admitted to practice law in Florida. If it's filed in your home state, the lawyer would have to be admitted to practice in your home state.

It's not clear which possible suit you are asking about: the breach of...
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1 Answer | Asked in Libel & Slander for Florida on
Q: Is it slander if an old coworker gives a new employer a bad reference about me that isn't true?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2018

It would depend upon what exactly the reference alleges. And technically if the defamation is in writing it would be called "libel".

Q: I was staying at my long time friends home. He got upset with me chanved locks n kep all my personal items and CAT!

Basically the situation is I'm staying with a friend that I've known for a very long time because me and my boyfriend had a disagreement. The friend that I'm staying with changed the locks as well as kept all of my belongings and my cat that isn't even a year old. What can I do in this situation

Drew Bruner
Drew Bruner answered on May 31, 2018

This may be both a criminal and civil matter. In Florida, there are generally no "self-help" evictions. If your pet or belongings are also being held without your permission, a crime may have been committed. It is wise to report this to a local law enforcement agency and contact a... Read more »

1 Answer | Asked in Libel & Slander for Florida on
Q: I posted my experience with a company I worked for. Can he sue me for defamation?

I worked for a company as an insurance agent. They owe me money from my sales. They accepted I was owed but reversed this by claiming I now owed them even after offering me a portion of my commission and a demand that I sign a waiver so that I could get my check. I refused to sign because they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 24, 2018

First, as I understand it they have not sued you, but only threatened to sue. Truth is a defense to an action for defamation; if what you said is correct they cannot successfully sue you. Also, they would have to prove the damages they are claiming. And, of course, until they sue, you cannot sue... Read more »

1 Answer | Asked in Libel & Slander for Florida on
Q: Because someone accused you on act. Can you automatic get a lawsuit.
Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2018

What's "act"? But no, lawsuits aren't "automatic".

1 Answer | Asked in Libel & Slander for Florida on
Q: Can you do jail time for slander
Terrence H Thorgaard
Terrence H Thorgaard answered on May 2, 2018

No, defamation is not a criminal offense.

2 Answers | Asked in Civil Litigation and Libel & Slander for Florida on
Q: I been accused of slender on facebook but that account doesn't even exist I can't find it. What do I do.
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 30, 2018

I believe you mean "slander". But the proper term for published defamation, such as in Facebook, would be "libel".

Contact the person who made the accusation and ask for proof of the alleged defamation.

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1 Answer | Asked in Admiralty / Maritime, Civil Rights, Gov & Administrative Law and Libel & Slander for Florida on
Q: I have been done seriously wrong by the city of Edgewater, Florida. How can I find a lawyer who will fight the city?

Every attorney I have talked to has said "Oh, we don't practice that type of law." What type of practice will take a case against the city? I believe the case involves violations of state statutes and federal civil rights under color of law under 42 USC 1983.

Gordon Charles Webb
Gordon Charles Webb answered on Apr 2, 2018

Go online and look for an attorney with experience handling civil rights claims.

1 Answer | Asked in Libel & Slander for Florida on
Q: HI, I am being sued for reporting a car salesman to the main company.

I send a review about a salesman that I had while visiting a dealer. it was a negative experience. his answer to my questions were short. he even told me to go to another dealer to test drive the car and see it from the inside. In addition he said they didn't have that model when in fact I saw... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2018

You should get an attorney. Truth is a defense; if what you reported was true such a suit would not succeed. And, by the way, you would have to be served with process, normally in person. An email won't work.

2 Answers | Asked in Libel & Slander for Florida on
Q: My brother is posting false degrading things about me on facebook, can I sue him for slander?

I loaned my brother money, and after I caught him stealing from me he refused to pay me back. He's now writing false sexually degrading, and violent things on facebook towards me. All while claiming I'm only angry with him for not particiating in a fight "over $50". Can I sue... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2018

You may be able to sue for defamation, if you can prove monetary damages, but it is extremely rare to get a court to enjoin the activity (posting on Facebook in your case).

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Litigation and Libel & Slander for Florida on
Q: I was given a puppy as a gift from my roommate. I moved out & took my puppy w/ me. He's now saying that I stole the dog

& is pursuing grand theft charges. What can I do to keep my puppy & not go to jail?

Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 25, 2018

First issue is proof that the puppy was a gift. It you have witnesses that it was a gift. Any type of card, text, face book posts saying it was a gift is where that I would start.

I suggest that you should hire a lawyer to represent you.

Good luck.

2 Answers | Asked in Civil Litigation, Criminal Law and Libel & Slander for Florida on
Q: My wife has passed both her drug test and mental evaluation and is still being held in jail until the next court date.

Wife is being held in jail for a writ of signed affidavit for mental health or instability but has passed ber drug screening and her mental evaluation and has been detained for over 72 hours and cannot be visited nor released until the next court date two weeks from now. Is there anything that we... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 22, 2018

There is no way to help here online. You will need to consult with a criminal defense attorney in your area, as getting her released early will require some type of motion to be filed with the court and then likely get an expedited hearing.

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