Legal Question in Civil Litigation in California
I want to take your opinion on Defamation case. Sometime back XXX mortgage was continuously following with me for refinance and telling me that they will pay $500 if can't beat the rate. Finally, I agreed to go with them but they didn't beat the rate and didn't pay the money. I posted my experience on yelp and BBB. They sued me for that. Not sure what to expect. Any advice from your side.
Here is my post on yelp"I can't give them zero star, otherwise could have given that. This company has been calling me from last 6 months and assuring that they will beat any rates. Recently, i got loan approved from credit union and asked them to beat. Their first loan officer was unable to disscuss details and was interested only in filling application. That didn't go through. Again they called me after a week and have different loan officer, who got convinced that he can't beat the rate. I left there but again someone called next week and promised they will beat the rate. I have told them that they can't beat the rate as other lenders also finding difficullty but they told me they will beat or give $500. Even though i asked but they assured they will give $500 and there is no gimic. I applied and gave all the details. when they realized they can't beat they start asking for tons of document which i provided. Finally they stopped calling. When I was calling the loan officer he was saying manager is busy. After many follow ups, they told I am not qualified as my other application was sometime before and rate has gone up. I have been telling the same thing to them before but they were faking, now they can't respect their promise. Their loan agent told there is a fine print and he can show, which they didnt tell me becuase they just wanted business. I will not recommoned them to any one. They have people changing evertime and seems not a stable business. They are frustrating to work with and just interested in applying the loan. I never had this bad experience with other lender, atleast they don't fake promise."
3 Answers from Attorneys
Sounds like you should get a lawyer, consider Anti SLAPP motion and take these thugs to task
You need to get an attorney. A successful SLAPP motion will dismiss that case and order them to pay your legal fees.
What to expect?
If you don't defend it, a default judgment against you.
If you defend but lose, a judgment against you.
If you don't know how to represent yourself effectively against an experienced attorney suing you, then hire an attorney who does, who will try to get a dismissal or other decent outcome through negotiations, motions, or take it to trial if appropriate. This is the kind of case that might be beaten with an initial dismissal motion [SLAPP], and grounds for sanctions against them if that succeeds.
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