# Suing for libel?



## RangoWA (Jun 25, 2014)

Anyone done this with success? I have a former customer (crazy as a loon) who recently posted lies on a "review" on Yelp. They aren't much help and have no problem publishing whatever garbage is posted. Lot's of personal character assassination in the way of smears and lies but there are easily proven facts she got wrong.

I took her to small claims court and won, she didn't pay so the lawyers garnished her bank account, adding their fees according to WA State law. So I finally did get payed and apparently she's on a mission of revenge. There may be more sites, I don't know yet. 

Her claim is that I took her to court over something I didn't even pay for, and she sent payment for everything but. However, in reality I sued for the last invoice total having received nothing. She claimed that she won the suit so it makes me look bad of course.

But I have the court document and garnishment to prove it's a lie. Unfortunately the small claims courts here won't hear libel cases. Had the paperwork all ready to go. So it would be off to the attorney's again. So, anyone been down this road?


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## griz (Nov 26, 2009)

In reality not worth your time or money to proceed.

When attorney's are involved two people come out ahead....

Your attorney & the other guy's....


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## SprayFinish (Aug 16, 2015)

I have to agree with griz on this one. It seems like it would be a waste of your time and money. If I was in your shoes I would be pretty irritated and want to shut that crazy b**** up, but maybe it would be best to let it go. If one person is giving you terrible reviews will it really sway from your image if you have 50 good reviews and then just one bad from an irrational customer.

I've never attempted this, but maybe try contacting yelp and get them to remove the review....I don't know if it will work, but it's worth a shot.


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## SectorSecurity (Nov 26, 2013)

Perhaps try contacting the person who posted the review and ask her to remove it or inform her you will be taking legal action. Knowing she lost once already she may take it down for fear of having to go through it all over again. 

Sometimes the gentler touch gets you further then a heavy handed approach.


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## Creter (Oct 13, 2009)

griz said:


> In reality not worth your time or money to proceed.
> 
> When attorney's are involved two people come out ahead....
> 
> Your attorney & the other guy's....


:thumbsup:


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## Skyvorima (Nov 3, 2013)

RangoWA said:


> Anyone done this with success? I have a former customer (crazy as a loon) who recently posted lies on a "review" on Yelp. They aren't much help and have no problem publishing whatever garbage is posted. Lot's of personal character assassination in the way of smears and lies but there are easily proven facts she got wrong.
> 
> I took her to small claims court and won, she didn't pay so the lawyers garnished her bank account, adding their fees according to WA State law. So I finally did get payed and apparently she's on a mission of revenge. There may be more sites, I don't know yet.
> 
> ...



Forget it and move on. Seriously. This will completely suck the life out of you because of the same mistake many people make:

Not understanding how the legal world trumps the common sense world.

One or two loons cannot ruin your business and by giving her even this much attention she is winning because she is taking time and energy away from your business.

Libel is one of the most difficult claims to prove in a court because otherwise we would have to invade Canada and turn the entire nation into one large courtroom just to receive pre trial motions.

Focus harder on your business and let her rot in the rear view.


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## RangoWA (Jun 25, 2014)

Oh, I've tried the gentle approach. Doesn't work on this gal, got a ego the size of Manhatten. This is all about revenge, she already lost and thought she could escape the court judgment by simply not paying. She lost that bet too.

The thing is, it isn't just me. I needed some sub work done some months ago. The company I was interested in had a very bad review so I was reluctant. Used them anyway and all was fine. 

The day after the hit job on me I searched her prolific review history, the sixth one was the sub. It was her review. 50 years in business and they get trashed by her for not doing what I told her wasn't doable myself prior to them seeing her. It was their only review on Yelp so it made them look pretty bad. 

I doubt we are the only ones. I wouldn't mind kicking her butt in court. Again. The libel would be easy to prove in my case. Took me 30 years of business to meet one like this.


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## RangoWA (Jun 25, 2014)

Skyvorima said:


> Libel is one of the most difficult claims to prove in a court


I can prove it with a piece of paper, the court judgment. 

If we could do small claims here I'd do it in a heart beat. But on the plus side she made Benito Mussolini look like a good guy compared to me, went way overboard! I don't think a reasonable person would take her rants seriously but some people might not read much past the opening salvo. There needs to be a better way to deal with phony reviews.


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## Skyvorima (Nov 3, 2013)

RangoWA said:


> I can prove it with a piece of paper, the court judgment.
> 
> If we could do small claims here I'd do it in a heart beat. But on the plus side she made Benito Mussolini look like a good guy compared to me, went way overboard! I don't think a reasonable person would take her rants seriously but some people might not read much past the opening salvo. There needs to be a better way to deal with phony reviews.



Lawyers on AVVO can probably explain this a little better for you because her saying she won in court when she did not is hardly a locked in deal.

You can ask your questions for free and usually three lawyers respond.


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## RangoWA (Jun 25, 2014)

Skyvorima said:


> Lawyers on AVVO can probably explain this a little better for you because her saying she won in court when she did not is hardly a locked in deal.
> 
> You can ask your questions for free and usually three lawyers respond.


She lied about what the suit was about, lied about paying me anything and since she was stuck with all the court costs it's a bit of a stretch to say she won. It isn't he said/she said, it a court document that disproves the claims. Seems fairly simple to me. But I'm not a lawyer :laughing:


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## TaylorMadeAB (Nov 11, 2014)

I know exactly what you mean about wanting to shut her mouth. But she is obviously delusional, and there is NOTHING that will make her understand her errors. You're best to move on and let her continue living her crazy life.


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## superseal (Feb 4, 2009)

I'm the type that can't let this chit slide...she would first receive a harshly worded letter from me explaining I have instructed my attorney to look into this matter and give her so many days to comply in the removal of a libelous act. I she refuses, insist you'll do whatever it takes to protect your good name and then do it.

It usually won't go beyond a firm letter from your attorney threatening legal action and it shouldn't cost much for that.


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## AGullion (Apr 19, 2015)

Cheap fix: Have your attorney send her and yelp a letter. If he's good, it will go away.


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## aptpupil (Jun 12, 2010)

Post a response on yelp. Keep it short and just some keys facts. Include a scan of the court papers. She'll be exposed and it won't cost you lawyer fees or lost customers.


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## KAP (Feb 19, 2011)

aptpupil said:


> Post a response on yelp. Keep it short and just some keys facts. Include a scan of the court papers. She'll be exposed and it won't cost you lawyer fees or lost customers.


I was going to suggest providing the info to YELP with a letter asking for deletion as erroneous information is causing his business irreparable harm.

If they are made aware of it, along with supporting documentation, and choose to keep it up, that could expose them to legal issues...


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## Robie (Feb 25, 2005)

Never mind....


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## BRShomerepair (Jun 28, 2015)

I agree with getting a letter written by a lawyer, shouldn't cost too much I would imagine. Same with contacting yelp (will probably go further if the lawyer does this) with court documents.

I wouldn't waste time taking her to court if lawyers were to be involved, not worth the $.

As for her yelp review itself, one idea would think out a well written response, professional and maybe even a little humorous, highlighting her character. Pretty much spelling out she is loony toons. I also agree with including some court documentation in there as well.

Good for you for taking her to court in the first place, and winning, and getting paid. I think this kind of chit happens way too much and these characters get away with their bull when there was no call for it, they shouldn't get away with it so easily.


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## AGullion (Apr 19, 2015)

I had a similar situation, BBB instead of yelp. The BBB kept pressuring me to resolve it, the homeowner couldn't make decisions and get out of the way.

I sent an e mail to my attorney , and copied the BBB , instructing him to prepare to sue the BBB if they didn't back out while we settled out of court. My rating improved real fast.

Then, when we settled, I stipulated they couldn't post anything negative on any public forum. 

Worked out really well.


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## CarpenterSFO (Dec 12, 2012)

For what damages would you sue her? What number would you put on it, and how would you prove that number? That's the point of a suit, to compensate you for damages, plus some possible punitive measures. You can't simply say, "My reputation is worth $X, so that's what I'm suing for."

Write a response on Yelp, reasonably and without calling her names. You're proud of how you operate your business, and her description of your business and her accounting of the facts are untrue. She had her day in court, and her account was proved not to be true. You will be happy to provide references for qualified prospective customers.

Send her a letter saying that her statements are libelous, and that as damages accrue, she will become liable for them. Register as the owner of the business on Yelp, if you aren't already, so that you can get information about views and clicks (and so that you can write that response).

Yelp won't do anything about it at first, but write them a letter explaining the libelous aspects of the review, and ask them for an explanation of their policy.

Do you have a history of jobs received through Yelp? If Yelp matters to you, start getting your satisfied customers to write favorable reviews; there are pitfalls with that, too, though.

Most of the time, people can tell who the crackpots are.


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## superseal (Feb 4, 2009)

CarpenterSFO said:


> *For what damages would you sue her? What number would you put on it, and how would you prove that number?* That's the point of a suit, to compensate you for damages, plus some possible punitive measures. You can't simply say, "My reputation is worth $X, so that's what I'm suing for."
> 
> Write a response on Yelp, reasonably and without calling her names. You're proud of how you operate your business, and her description of your business and her accounting of the facts are untrue. She had her day in court, and her account was proved not to be true. You will be happy to provide references for qualified prospective customers.
> 
> ...


Unless you do your own DD, that's your lawyers job to do, but it won't go that far if the woman has half a brain. 

Mike Tyson said it best..."Everyone has a plan 'till they get punched in the mouth."


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