Re: Can I sue?
 

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I don't think

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What type of wannabe lawyer are you?

PS: are you hiring?

Re: Can I sue?
 

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Ok, I know I can sue, the question is" Do I have a case?

Scenerio--I am a mailman. A woman had her box blocked and I couldnt get to it, so I drove on by, she stopped me 2 houses later and I explained to her why I didnt deliver her mail etc.

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So why didn't you just hand her the mail instead of some long winded explanation?

Oh and... GET THE HECK OUT OF THE JEEP AND PUT THE MAIL IN THE BOX YOU LAZY GOVT BUM!

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Actually this happened after I handed her the mail. And it is a safety hazard to get out for blocked boxes.

By the way, her driveway was empty while she was blocking her box

Re: Can I sue?
 

Lawsuits suck especially if there really was not any damage. I would definitely want an apology if I was you, but I don't know if it is really the cost of litigation. It definitely would not for me, but that is something you need to weigh.

Also, the big thing for your case is who has the burden of proof in a slander case. Do you have to prove you were not drunk or does she have to prove that you were. I think the onus is on her and thus would probably be difficult to prove, especially if you were sober and no alcohol was around. But that is something you will want to look up, as I'm not sure.

If you do go, then small claims would be the way to go. I would seek a public apology and a retraction from anything put in the paper. I would hope the paper would not just put in this story from one lady though.

Re: Can I sue?
 

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Sounds like slander to me...

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Correct, and I'm pretty sure if it's printed in the paper it's libel as well.

Re: Can I sue?
 

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is her house big? do you see why?

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Your only claim is defamation. Attacks against one's profession is slander per se meaning that damages are presumed, however, I don't think you would get big $$ in a lawsuit, thus the above quote is off.

What do you hope to achieve by suing? Teaching the lady a lesson? You will get little to zero money with the headache of a lawsuit, which would include your deposition inquiring into your drinking habits for the past 5 years. Overally, not worth your time if nothing happened to you at work.

Move on with life, put a turd in her mailbox.

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I was actually thinking of small claims, I wasnt thinking of getting rich, just wanted her to sweat a little

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File it. If she gets a lawyer and spends the $$ you are going to have a very uncomfortable deposition that will detail your work habits, your drinking, and any other issue her attorney can find. If you are clean and don't mind a 4 hour inquisition, or know for sure she will not hire a lawyer, go for it.

If you can prove she did it maliciously, you can get more $$, plus you (or your attorney) do get to take her deposition.

Bottom line, lawsuits = headaches. Lady will never learn anything.

Re: Can I sue?
 

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Sounds like slander to me...

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Correct, and I'm pretty sure if it's printed in the paper it's libel as well.

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If its printed in the paper you could sue the paper itself, which is a better lawsuit.

Re: Can I sue?
 

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I would seek a public apology and a retraction from anything put in the paper.

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I like this for putting the bitch in line.

Re: Can I sue?
 

The paper can be held responsible for printing the woman's accusation even if it's not stated as fact? Is it the paper's responsibility to verify her claims before printing anything remotely close to "the mail man was drunk"?

Re: Can I sue?
 

I am not a lawyer but I believe you'll have to prove that she was making a false accusation. In other words, all she has to say is that she believed you were drunk. Whether you were or not doesn't matter. If she believed it she can make the complaint. Essentially, I don't think it's possible for you to sue her and win because you can't possibly prove that she didn't honestly think you were drunk.

On a side note, I've been wondering if I could bribe my mailman to not put junk mail in my mailbox. Is this possible?

Re: Can I sue?
 

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Sounds like slander to me...

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Correct, and I'm pretty sure if it's printed in the paper it's libel as well.

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If its printed in the paper you could sue the paper itself, which is a better lawsuit.

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I really dont think the paper will print anything by her, she jsut told the postmaster that she was going to call the paper and tell them about the drunk mailman.

And I have to deliver this womans mail once a week