Legal Question in Civil Litigation in Vermont
Being sued for defamation of character
Our state university has a ''rate your landlord'' website, open to the public, with a survey that solely consists of 27 multiple-choice questions about your landlord. I left my landlord an unfavorable review by giving him mostly ''F''s for ''grades.'' I did not leave any comments, as there was no comment field to do so. Now he is suing me for damaging his reputation. His lawyers are trying to serve me papers but don't know where I am. (The university got subpoenaed to give my address--but they don't have it because I graduated 6 years ago.) The University's lawyer told me they're looking to serve me papers. I haven't a clue about what I should do next. What should I do? Thank you
1 Answer from Attorneys
Re: Being sued for defamation of character
The suit is likely baseless, but it would be a wonderful way to discourage other persons from rating the landlord.
If you are ever served, then you need to hire a lawyer to defend it. Do not attempt to defend it by yourself. You have lots of different defenses, not the least of which is that a statement of opinion is not a statement of fact.
So, "In my opinion, you are an alcoholic" is a statement of opinion protected by the first amendment. "You are an alcoholic" is a purported statement of fact, and actionable. In this situation the University solicited your opinion, not facts, and published the rating.
The landlord is likely suing the university. The landlord wants the site taken down. He sued you because of what you posted, but the main goal is to take the site down. While I do not think you have too much to worry about in the long run, if you are ever served with papers, you must defend the lawsuit or you'll wind up with a default judgment rendered against you.
If the University has a Law School, and you don't have enough money to defend it, you might see if the university has a "legal clinic" to help you out.
If the landlord cannot serve you, in most cases, he cannot prevail against you. You have no obligation to give anyone your address, and I would urge you not to do so.
Good luck