Legal Question in Civil Litigation in Oregon

In a child support case involving my ex-husband, I stated what I believed to be true. I then got a getter from an attorney saying that i committed slander and defamation. This is what I wrote on paperwork re: income statements. "He also is living with his girlfriend that I believe is committing fraud against DHS by not claiming Kevin to be living with her." AND "Kevin is also living with his girlfriend who I believe receives services from the state(her name). Please figure that into these calculations. She does not claim that he is there either on her reporting."

She is obviously stating that she did report him to the state but I doubt that in reality. Can I be sued for this if I was supplying information to the state that I believed to be true and if so, do I have a right to subpoena the records that show whether she did or didn't report him to the state to defend myself.

Thank you


Asked on 12/30/10, 5:53 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

If your statement was made to the State on some sort of form, then you cannot be sued for making the statement. Well, of course, you can be sued, but anyone can be sued for anything. You cannot be successfully sued for making the statement, which is protected by the "common interest privilege" and is therefore not libel. Slander is for oral statements would not not apply anyway.

If you are sued, then yes you can subpoena the records to show the truth of your statement.

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Answered on 1/04/11, 8:37 pm


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