Someone is falsely accusing me of committing a crime through myspace comments online. Can I sue for defamation?

Two people have been posting inappropriate comments on my MySpace page, claiming that I was arrested for stealing, which just isn’t true. I want to sue them for defamation of character. How do I file a defamation complaint?

Answers (1)

Defamation of character is normally governed by state law. Your first step is to collect all the evidence you can of the defamation. This means that you should print out and record any instances of defamatory statements that appear on your MySpace page. Once you have collected the required evidence, you will need to consult an experienced personal injury attorney in your local jurisdiction who handles suits based on libel and slander. The attorney you hire will help you review the evidence and file a claim in state court for defamation. Some jurisdictions separate libel and slander into distinct causes of action, while others group them together under a broad “defamation of character” cause of action, so your attorney can help you determine what charges are appropriate. Often, personal injury attorneys will work on a contingency fee basis, which means they will charge only if you win. While this may not always be possible, you may be able to find an attorney who is willing to take your case in this payment structure if you are concerned about the cost of suing. You can also consider suing for defamation in small claims court, but the damage award will generally be limited by the maximum jurisdiction of small claims courts in your area.

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