Can you sue someone for defamation in small claims court?

[mclegal]

Jurisdiction

Washington

I have a tenant who has turned out to be an unexpected problem. I told him that he wasn't allowed to smoke in the place but he wouldn't listen and ultimately I gave him notice that he had to leave. I kept his security deposit to address the residue of what he left behind in spite of him demanding it back. He received a bill but he still wouldn't accept the answer that he is responsible and that this isn't ordinary damage he's caused.

I was in the process of renting out the place again to a new person. To prevent losses, I asked for a month's worth of security deposit and the first and last month's rent in advance, especially since this person wanted an option to renew that would be 2 years. He asked why and I mentioned that a prior renter (no name) had left me with a lot of problems that left me with significant costs. While I certainly didn't think it would be an issue, I really couldn't know at the beginning of our relationship and hoped he would understand. It turns out this person knows my prior tenant from around the neighborhood and the coincidence or living in the same place was mentioned in conversation, including my comments. I just received a text that the prior tenant intends to sue me in small claims court for defamation. I think this is just stupid harassment but I could see this person being crazy enough to file this. Any thoughts?

 

[army judge]

Any thoughts

Wisconsin Guide to Small Claims Court

https://www.wicourts.gov/formdisplay/SC-6000V_instructions.pdf?formNumber=SC-6000V&formType=Instructions&formatId=2&language=en

Does someone owe you money? Has your landlord unjustifiably failed to return your security deposit? Did you order merchandise that the retailer has failed to deliver? Has a merchant failed to comply with the terms of a guarantee?

If so, you should consider the possibility of bringing a lawsuit in small claims court. You may not need an attorney, and the rules are simpler than in most court proceedings. Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims court.

Small claims court may only be used for certain types of cases. The most common types of small claims cases are:

• Claims for money—civil actions where the amount claimed is $10,000 or less, if the actions or proceedings are:
  • For money judgments only
  • For garnishment of wages (to enforce judgments from funds owed to the debtor) when the amount owed is $10,000 or less
• Tort/personal injury actions where the amount claimed is $5,000 or less
• Evictions, regardless of the amount of rent claimed
• Replevins (repossessions of property):
  • Non-consumer credit actions for replevin if the value of the property claimed is $10,000 or less
  • Consumer credit transactions (for return of personal property that was the subject of a lease or credit from a dealer) when the amount financed is $25,000 or less

Four less common types of small claims cases are:

• Actions for the return of earnest money tendered pursuant to a contract for purchase of real property, regardless of the amount claimed
• Actions for the confirmation, vacation, modification or correction of an arbitration award where arbitration was in settlement of a controversy arising out of a transaction for the purchase of real property, regardless of the amount of that award
• Actions by municipalities to recover a tax from a person liable for that tax, where the amount claimed is $10,000 or less
• Eviction action due to foreclosure

https://www.wicourts.gov/formdisplay/SC-6000V_instructions.pdf?formNumber=SC-6000V&formType=Instructions&formatId=2&language=en

Courts

www.wisbar.org

 

[Zigner]

He's blowing smoke.

 

[adjusterjack]

I just received a text that the prior tenant intends to sue me in small claims court for defamation

Paraphrasing Yoda - There is no "intends to sue" there is only sue or not sue.

Until you are served with a summons and complaint, ignore the hot air.

 

[welkin]

I just received a text that the prior tenant intends to sue me in small claims court for defamation. I think this is just stupid harassment but I could see this person being crazy enough to file this. Any thoughts?

In addition to what adjusterjack posted, truth is one of the best defenses to a defamation claim. And since you did not name your prior tenant in the conversation, it would be hard to say you were speaking about him.

Relax.

 

[zddoodah]

Can you sue someone for defamation in small claims court?

Yes.

I just received a text that the prior tenant intends to sue me in small claims court for defamation. I think this is just stupid harassment but I could see this person being crazy enough to file this. Any thoughts?

"Intends to sue" means nothing. Ignore (but save) any further communication. If you get sued, then deal with it.

And since you did not name your prior tenant in the conversation, it would be hard to say you were speaking about him.

We don't know that the prior tenant wasn't named. The fact that the prospective tenant figured out who the prior tenant was refutes the assertion that "it would be hard to say [the OP] was speaking about" the prior tenant.

 

[welkin]

We don't know that the prior tenant wasn't named.

He asked why and I mentioned that a prior renter (no name) had left me with a lot of problems that left me with significant costs.

Just because the prospective tenant put 2+2 together and figured it out, doesn't rise to a defamation case specifically if OP didn't know that the prospective tenant and the former tenant knew each other.

 

[Zigner]

Just because the prospective tenant put 2+2 together and figured it out, doesn't rise to a defamation case specifically if OP didn't know that the prospective tenant and the former tenant knew each other.

Not to mention that, even if the person is identified, there are no damages.

 

[zddoodah]

Just because the prospective tenant put 2+2 together and figured it out, doesn't rise to a defamation case

Of course not. There are many elements to a defamation claim, and identification is only one of those. However, the fact that someone figured out who the subject of the statement was refutes the argument that it would be difficult to do.

if OP didn't know that the prospective tenant and the former tenant knew each other.

That might be relevant to the scienter element, but it isn't relevant to any other element.

While I agree with the general consensus that the former tenant is just making noise, there is no way for us to rule out a potentially valid defamation claim.