Legal Question in Criminal Law in Georgia

Neihbors slander leads to false accusations by Homeowners Association

We have one neighbor (not next door)who has been slandering us, spreading rumors about our teens, gossiping, peering at our house, exaggerating.This person has some personal issue with me or my son. We have heard this person has called a new neighbor next door several times trying to find out what we're doing and spreading more rumors. Recently our teenagers had some friends over twice, and this person was peering over, calling the next door neighbor, exaggerating, etc...Bottom line, a few days later we received a letter from our Homeowners Association which had some completely false accusations in it, misrepresnted facts, and accused us of a Nuisance Violation. I wrote back noting the false claims and asked for any evidence to be forwarded to me, or that the letter be recsinded. I have received no response in 2 weeks. WE consider this to be damaging to our reputation, and that this one neighbor may be utilizing the Homeowners Association for their personal reasons. I am considering using a Lawyer for both the Homeowners Association (for writing false accusations) AND the neighbor - Cease and Desist with the harrasment. What chances does this have?


Asked on 3/02/04, 1:09 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Neihbors slander leads to false accusations by Homeowners Association

Your question is not really about the criminal law but has to do with your civil rights, and would be a civil action if you decide to undertake legal action.

Basic to an action for slander, is the concept that truth is an absolute defense in an action for slander. If not true, then a statement made, which is disparaging to your reputation, your profession, and standing in the community is actionable if it is shown to have been published. Without knowing much more about the circumstances of your particular situation, it would be impossible to comment on your question regarding the possibility or chances for success.

I do believe that people will take notice, however, if a cease and desist letter were drafted in such a way that it is clear that the conditions of an action for slander have been satisfied and that you intend to initiate action, if all offensive behavior does not immediately cease. Obviously you do need legal counsel to be sure that your case does satisfy the conditions and that the cease and desist letter is properly drafted.

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Answered on 3/02/04, 5:19 pm


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