defamation?

[mcunger]

im a floor and tile contractor, and i have another contractor who basically , every chance he gets, talks so much crap about me and my work that he gets the people i work for to thinking im a bad installer and they dont continue to use me for work. this time he has gone as far as to have the customer actually tear down a shower (which hasnt happened yet) because he wants to prove the tile work i did is leaking. if it shows it isnt leaking, can i sue him for defamation in small claims?

 

[Michael Wechsler]

Originally posted by mcunger
im a floor and tile contractor, and i have another contractor who basically , every chance he gets, talks so much crap about me and my work that he gets the people i work for to thinking im a bad installer and they dont continue to use me for work. this time he has gone as far as to have the customer actually tear down a shower (which hasnt happened yet) because he wants to prove the tile work i did is leaking. if it shows it isnt leaking, can i sue him for defamation in small claims?

You can sue in small claims but you will very likely need a lot more than just your word to obtain a judgment. You may need to bring witnesses (most likely), obtain an affidavit (which may not be sufficient) regarding the false words that were uttered, and make sure that the other elements for making out a case for defamation are met (there are extended discussions on this board you'll find.) Some of them include proving damages as well and you'll have to quantify them or show how you've lost money as a result and a general statement of how it will hurt you will be of little to no value.