Legal Question in Civil Litigation in Massachusetts
False claims
Recently a woman I know socially ended and affair that she was having for 3 years to try reconcile with her husband. The ''dumped'' because my wife and I were confidants thoughout her ordeal, this man got it in his head that I was his lovers replacement. (I am not). Without any proof whatsoever he mailed a letter to my wife and this womans husband, claiming that we were having an affair and that we meet for lunch and after hour drinks and then retire to local hotel rooms. The dope wrote the letter on a pc and printed it but used his verifiable handwriting to address both envelopes. Is there actionable event here or do I just have to put up with this? The staement in the note was definitive, it said, ''your husband is having an affair'' and left the locations and hotels as generalities. He cannot have any proof since the allegation is untrue and none of the events happened in the context presented.
1 Answer from Attorneys
Re: False claims
This is actionable defamation (libel). However, you have limited damages unless someone believes this. You certainly can seek a court order forbidding future such contacts -- but that may bring more attention to the affair that -actually- occurred than it is worth.
A letter from an attorney telling him to desist is certainly a reasonable possibility.
In Massachusetts, it is a misdemeanor to harrass. You might thus bring the matter to your local district court to seek issuance of process. The clerk-magistrate who hears the matter after notice might well tell the jilted paramour to cut the crap, leaving the decision open for a few months.
With all such matters, your difficulty is in determining how much you need and want to get into this. A court action could be expensive and drawn out.
For a further consultation, please call or send me an e-mail.
Gregory P. Lee
www.gregleelaw.com
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