Legal Question in Civil Litigation in Texas
defamation of character
my neighbor posted an untrue statement about my family on a handpainted board in their front yard facing the street where we live 2 houses down from them. it is quite large and posted for all passing by to view. is this defamation of character? what are my rights and recourse?
1 Answer from Attorneys
Re: defamation of character
publishing an untrue statement impugning your character or reputation is a libel (slander is for oral statements). You have the right to sue this neighbor and damages are presumed. In these cases, however, the amount of damages are difficult to quantify. I doubt that your neighbor has insurance for defamation, so if you are successful, you would have to try to seize bank accounts or other property exempt from judgment in Texas. Further, the neighbor may have the opportunity to declare bankruptcy and discharge the entire judgment amount.