Legal Question in Civil Litigation in Ohio

I mentored a 19 year old for about a year. She has recently started harassing me via facebook. I have printouts of all the things she has been saying. I have contacted the police who have told her to stop posting things and to stay off my property. She attended the school where I work; however, she has been banned from the property per the principal/my boss' orders. She is now threatening to go to my corporate office and try to get me fired. Since I haven't done anything to her, I am not worried. However, I want the harassing comments to stop. Is there anyway that I can sue her for libel or anything about these comments? Also, I spent over $700 on her that she said she would pay me back. I have the receipts for everything. Could I take her to small claims court for this money?


Asked on 4/28/10, 5:49 am

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

Yes, you can sue her for liable (defamation). And yes you can take her to small claims court.

However, just because you sue does not mean you will win. For liable you must prove: 1) the statements are untrue and published to a non-privileged third-party; 2) the person making the statements knows the statements are untrue; 3) the statements impugn your reputation; and 4) you have suffered damages caused by the untrue statements. "Opinions" are not liable.

Further, have you suffered damages because of the untrue statements? (If you lose your job because of these untrue statements you definitIey have damages).

I recommend that you hire an attorney to send this person a "cease and desist" letter which will most-likely stop the behavior. Have this lawyer copy it to Facebook too.

As far as the $700 is concerned, do you have anything in writing that states she AGREED to pay you back? There is such a thing as a verbal contract but it most usually is not worth the paper it's written on.

This posted message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

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Answered on 5/12/10, 11:37 am


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