Legal Question in Business Law in California

Re: Suing for money and defamation of character

Sounds like the "Sue You...Sue Me Blues." It happens all the time. In response to an impending or current law suit a threat to countersue by the defendant arises. It likely does not have merit. Many times these matters settle. Call me directly at (619) 222-3504.

Re: Suing for money and defamation of character

Even though anyone can file a lawsuit against anyone else, a suit for slander and defamation is very difficult to prove. I suspect that if the sales rep has an attorney, he has been told that and that he is making threats to force you to stop pursuing him on the money that he owes you. That is especially true if all you did was talk with the employees to learn where he was. Depending on the amount, you have various options from filing in Small Claims ($5000 maximum) to Limited Jurisdiction ($25,000 maximum) to Unlimited Jurisdiction (exactly what the name implies, anything over $25,000). For the first, you cannot have an attorney represent you in court. For the latter two, you definitely need a good attorney. My suspicion is that, if you file, he will likely not countersue you. The fashion industry, although full of big egos, is also a small arena where bad press is not good for business.

Re: Suing for money and defamation of character

What you describe is not slander/defamation. It sounds like you need to sue him for your money.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

Representing Taxpayers in all 50 States and Internationally

LEGAL MATTERS: Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

Re: Suing for money and defamation of character

If you have proof of the debt, can find the debtor (in order to serve him), and he has money, property and/or income so you can collect your judgment, then whether to sue or not is a personal question involving your assessment of the time and cost. Often, whether or not a contract has an attorney fee clause or not will determine whther suit is worth while ... some employment contracts would have one, many do not, including those that are oral or based on a handshake.

Defamation (in this case, of the slander variety) does not require that the speaker say defamatory things; it only requires that the listener understand the remark as defamatory (called "innuendo"). Nor is it necessary to name the person; if the listener can figure out whom you refer to (the "colloquium"), your remarks may be defamatory.

On the other hand, truth is a complete defense to defamation charges; as long as you spoke only the truth, a slander suit should fail. The guy probably knows that, too.

Re: Suing for money and defamation of character

Our firm can help you collect this debt. Defamation is almost extinct in California due to anti SLAPP Motions. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Re: Suing for money and defamation of character

Sounds like you need legitimate, informed legal advice and help to deal with the problems about to boil over. If you sue, so does he in offset. Contact me if interested in obtaining help.