Legal Question in Business Law in Washington

Re: Libel? Regarding my business.

If you have not already reported him to Craigslist, you should do so.

Can you show that your business has been damaged by these statements? In other words, can you show that you used to get so-many-dollars in referrals per week from Craigslist before he began posting, and now you are getting a lesser amount in referrals, and the reduction cannot be accounted for any other reasonable way? If so, you have a strong case against him. But even if you can't show that you have suffered loss, you may still be able to get the court to order him to stop (injunctive relief.)

Be prepared that truth is a defense against defamation, so he is likely to argue that what he writes is true, and may even counterclaim, alleging that a contract was formed (agreed to, even if not in writing) and that you did not perform. You will need to be prepared to show the court that it is not true in order to succeed.

If your case is strong enough, and his is weak enough, a letter from an attorney may be enough to cause him to stop.

Also, it may be helpful to know that under Washington law, if you are claiming against him for $10,000 or less, and if you prevail in court and are awarded the full amount that you claimed against him, he will also have to pay your court costs and attorneys fees.

Re: Libel? Regarding my business.

Dear Sir/Madam:

Based on the facts you present, if no contract was expressly signed, it may be possible that a party may still have an action to enforce an oral contract if a bargained-for exhange of legal detriment existed. In Washington state, the statute of limitations for written contracts is 6 years. On the other hand, the statute of limitations for oral contracts is 3 years.

However, based on the facts given, you may wish to contact an attorney to review the possibility of a libel suit.

The issue of damages may be of importance if a libelous act has occurred.