They said I didn't pay gas.....

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Logan

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About 4 months ago my wife, son and I went out one evening to BestBuy to buy the fast and the furious movie. RIght up the street from my house is a Marathon gas station. My wife went in and payed and I stayed out and pumped. She came back out to the car and I continued to pump the gas and then spend a good 10 mins washing the windows. We then left.

About 2 weeks later I went in for gas again and was asked by a women at the counter what type of car I drove. I told her and then she said well you did not pay for gas about 2 weeks ago on a friday night. I told her my wife came in and paid and I never came in. She continued to swear I was by myself and she did comment on the fact that I spent time cleaning the windows.

I figured she never saw my wife get out of my car or back in, yet only saw me pumping gas and then getting in my car and leaving. Honest mistake..but she didn't think so. She continued telling me I stole untill I asked for the tape showing me steal gas. She said I would have to talk to the owner. So, at this point I'm upset because she was accusing me of this with no proof what so ever.

I go home and I end up calling up there and asking her what time the owner works so I can come in and see the tape. She then got kinda of shaky and said "well, umm I'm not even sure if they were taping that night, but he works in the mornings."

At that point, I just dropped it, I quit going there and havent been there since.

My wife continued to go there for the past 4 months and there was never a problem. Well, my wife goes in today and the owner stopped her and told her he was not going to sell her gas unless she paid the $10.00 that they say I never paid. She was embarrsed and very upset so she paid it..she was scared because she was on empty and could not make it to another gas station.

They told her they had the tape and would file charges against me if she did not pay it. He told her I could some up and see the tape if I wanted.

So, about 20 mins after that I got up and got dressed and drove up there asking to see the tape. The guy told me that there was no way he was going to show me that tape after 4 months and the only way I could see it is in court.

So, the first thing I did was file a police report explaining everything he did to my wife and the entire situation in general.

I'm wanting to file a defimation of character against this guy.

By the way they are handling this and strong arming my wife I know he has no tape, if he did he would see my wife paying for it..and if my wife didnt pay for it they would have already turned it into the police..

Any case here?
 
Amongst other elements, defamation requires the publication of a false statement to a third person with injury. Who is the third person that this was reported to? It seems that as of right now, it is between yourself and the gas station owner. If the owner told 20 people that you never paid for gas, that would be another issue. If you are talking about the clerk, she just reported what she saw to her boss and it wasn't necessarily false, only a limited knowledge of the facts.

Damages -- your best case would be in small claims to recover the money. Remember, the court isn't just going to provide you with a windfall.
 
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