Could I sue him for defamation of character???

Question

I decided to part ways with my cousin because he's really inconsiderate and I was tired of being taken advantage of. I wrote him a nice email and asked that he repay me the $250 bucks I loaned him some months earlier. He said he would when he got paid in a few weeks.

To make a long story short, he pretty much tried to make me feel sorry for him so I wouldn't ask for my money back and when that didn't work he became enraged, hoping to get a rise out of me so he could then say "oh you want to be an a**hole? Then I'm not gonna give you anything". In which he did.

I called him a total of 4 times over a span of two weeks and then I get this call from a Fairfax, VA county Police Officer about a harassment and threat complaint filed by my step cousin. Says this money I loaned him was a gift but he'll pay me if thats what will get me to leave him alone.

No charges have officially been filed. Could this effect my clean criminal record? Could I sue for defamation of character either way???

Answer 1

If he pays you forget it .. it won't be on your record ... If he doesn't pay you .. go after him for the money and for filing a false police report ... (get an attorney )

Answer 2

My best advice would be to leave well enough alone.

It doesn't take an act of God to get a restraining order. If a person feels threatened, they have a right, by law, to protect themselves.

It doesn't sound like you are harrassing him, but a judge may not see it that way.

Suing for defamation of character is really difficult to prove. Besides, hiring an attorney to represent you in a suit will definitely cost more that $250.

I would simply chalk the money up to a loss. Sever ties with the guy and move on.

Maybe he'll really be in a financial bind one day and regret that he was such a jerk to you. Too bad for him!

Answer 3

A very challenging situation.  The defamation of character suit is a no go b/c it wasn't in a public venue (trust me).

He can file a restraining order/harassment suit against you for any reason (sorry).

Best thing to do is seek legal advise... barring that, speak to your local clerk of court and see if you have a small claims suit against him.

Most lawyers will charge you $100 for a consult, so it might not be worth it.  Maybe consider it lesson learned.

Lesson:  NEVER EVER EVER EVER EVER LOAN MONEY TO FRIENDS OR FAMILY UNLESS YOU EXPECT IT NEVER TO BE REPAID.  If they do repay, consider it a gift.

Answer 4

No. In order to sue for  defamation of character your reputation must have been damage, suffer a loss (such as losing a job over the police report) and you must be able to prove what your  cousin told the police was a lie.  

Your cousin sounds like a jack ***.  No one would offer to re pay a gift unless he  knows it was a loan in the first place.

Hope you get your money back.

Answer 5

Don't worry. You haven't violated anything yet. Take him to small claims court. You now have police officers that can testify he offered to pay you what he owes. That is not defamation.

Answer 6

It's $250.00.  My advise is to let it go, chalk it up to experience and never, ever lend money to anyone without a written promissory note signed by both parties detailing that it is indeed a loan and what the expectations of repayment are.

Blow your step cousin off and don't make contact again.  It's not worth it.

Answer 7

There are no damages.  

You continued to call him over and over again. Which is, by law, harassment.  The police were doing their job and suffered no losses. Reputation with the cops is not a loss, you also did not suffer financial loss.

You have no civil case for Defamation of Character.

You can however, go to small claims court to get your money back.

While I understand your situation, because you are single person (family member too) they did not see you as business dealings (because you are not calling for a company) So it can technically be seen as harassment.

Answer 8

There is no criminal record at this point. The police took a statement from a complainant. When they called you they were investigating the validity of the claim. No charges have been filed. No you can not sue for defamation. The best advice I could offer is take your cousin to small claims court or forget about the money and move on.