Legal Question in Consumer Law in Illinois

Can my email be seen as libel

I have an ex-landlord that did not refund my security deposit w/in an allotted amount of time. After multiple attempts to contact him (calls and emails) he never got back to me. In order to get him to contact me, I sent an email (under an email address that resembles his name) to his entire company (he is a lawyer at a local firm) asking if they have seen him because he owes me a good deal of money. In the email I asked if he was hurt or if they had seen him because I was concerned about him not getting back to me.

Now, he is threatening a libel case against me. There were no untruths in the email, I was careful on that point, but I did send it from an email close to his name. Could I brought into court for this? Thank you


Asked on 2/26/02, 12:35 pm

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Can my email be seen as libel

Probably not, since you have truth as an affirmative defense. lawyers as a group when involved in such a controversy as this will try to intimidate you in any way that they can. the biggest thing which he has to quantify is actual damages, not prospective damages.

Pat Tracy

Read more
Answered on 2/26/02, 2:35 pm
Curt Handley, Esq. Law Office of Curt Handley

Re: Can my email be seen as libel

I get this kind of question all the time. Email is held to the same standards as a newspaper for libel. In your situation, I don't see any libel because it appears no defamation would occur from the facts you supplied. You were simply questioning his whereabouts... trying to track down a deadbeat landlord. Unfortunately, there are lawyers out there who respond to any action you take as an opportunity to battle... especially against a non-lawyer such as yourself... they count on you not having the knowledge to challenge their response.

Read more
Answered on 2/26/02, 6:17 pm


Related Questions & Answers

More Consumer Law questions and answers in Illinois