Legal Question in Civil Litigation in Georgia

I live in GA- I served as treasurer of our HOA for almost 8 years. A person that was voted off of the board started accusing me of theft of funds. The first thing hd did was send a horrible letter to every member of our subdivision (125 homes)with his accusations (this is also the first time I knew of his accusations).He has continued for the last 2 1/2 years to have me arrested. The 2 boards after his accusations started did their research and decided there were errors made but no theft. After a few magistrate court dismissals and finally he got himself back on the current board and they turned this case into te Criminal Investigation division and they found this to be an "unfounded complaint". He has sent numerous letters to the neighborhood these past 2 1/2 years. He still claims the DID did not do their job - that I am guilty of theft. I has been provent this is not the case. I know the GA stat. of limitations for defamation of character is one year, but his last accusation was written this July. Do I have a case for def. of character and/or malicious prosecution? He has caused me much humiliation and fear.Also, since his last accusation was written in July can this bring all of his previous letters back into play? Thank you very much.

Asked on 8/13/12, 8:40 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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If you had a lawyer address the issue when it first started, especially since you were facing a criminal investigation, it is likely (though not certain) that it would be over by now. He will keep doing it because he now knows you will let him get away with it. Get a lawyer in your area to put this to a stop - or, as you note, keep letting it go while your claims go away.

Answered on 8/13/12, 9:18 am

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