Need Invasion of Privacy advice

[onefrostykat]

What is the name of your state? Alabama.

I am being sued for invasion of privacy due to comments I made on an internet website. I was over-charged ($7500 for $3500 worth of work...$2500 worth of which had to be re-done) by an auto repair shop.

The shop owner repeatedly claimed the fact that his wife had left him, then came back and wrecked their new car...costing him thousands in damages and legal fees. He said this was really effecting his work and making him need money badly to pay legal fees...his exact words to me about 10 times.

He made these statements repeatedly to myself and other clients and his employees over a two month period. I went on an automotive website to vent my problem, get input from car repair experts on what actual charges should have been...and complain about my bad feelings, and personal opinions, of his dangerous and damaging negligence and his subsequent over-charging. I sued him for damages to my car and the costs to repair his shoddy (my opinion again) work. The damages amount to almost $6,000...but small claims in AL limits recovery to $3k plus attorney fees.

In my posting, I mentioned that his wife had left him and my opinion was that he was over-charging me and possibly others to pay the legal fees he was always complaining about. I have heard this from numerous other clients he has had.

He learned of my comments approximately 8-10 months ago and never once contacted me to ask for a retraction/apology...nothing. I asked for mediation through the local Better Business Bureau. Again, he never responded to numerous requests by them to mediate matter.

Then he got lawyered up and filed a counter suit for non-specific amount of damages (again in small claims court). I have no lawyer (can't afford one due to his over-charging me) and besides this is small claims court. He probably already has close to $3,000 in legal fees as there is a stack of Interrogs, Motions...bla, bla, bla that keeps pouring in.

I actually made a complete and total retraction of all my comments by posting same on the same web site. I said all comments were my opinion...and that due to the fact I was not an expert in the field they could only be construed as opinion.

Now he is suing me for Invasion of Privacy for the comments about his wife leaving him. These were his comments made to me and the entire car community. Doesn't that take them out of the realm of "Privacy"? I kinda feel the retraction may have made the OC feel he couldn't make my opinion stick...so now he is going with the new Invasion tactic.

I feel the $3k limit PLUS LEGAL FEES aspect is what the Defendant/his attorney are going for here, and I am nervous defending myself against a professional attorney even with the truth and my opinions and decent layman research on my side.

What would be your sage advice on a defense? I know an attorney would be advisable to help me...but I can't afford one at $200 per hour as I live on a fixed disabilty income. Thank you in advance.

 

[quincy]

Well, you are right that the best advice that can be given is to get an attorney to assist you in fighting this suit, but I understand the costs involved.

First, it is important for you to respond to all interrogatories, motions, etc., in a timely fashion - and if the paperwork becomes overwhelming, try to locate a free legal clinic or law school to help. Oftentimes someone with little chance of winning a suit will pepper their "target" with a lot of court papers, hoping to win the suit on some technicality, such as a missed filing date or an inadequate response to a motion.

Unlike in a defamation action, truth is not a defense to invasion of privacy, and opinion is also not a defense if private information is revealed. However, privacy can only be invaded when the material published is, in fact, private, and the invasion of privacy must be so severe that it would cause more than just a minor annoyance to a "reasonable" person of ordinary sensibilities. Your shop owner did not exactly keep his private affairs private, it seems, and what you wrote does not seem highly offensive. A person cannot hope to win an invasion of privacy suit if he has, in essence, "consented" to having his private life revealed.

This could be your best defense to his suit.

It would help you to have the employees and other clients, who heard him spouting off about his wife and legal woes, testify on your behalf as to what they heard. In addition, if he is involved in legal disputes already, with his wife and/or other clients, all of this is public record and anything from these public records is free to report (as long as the reports are accurate). Your experiences are able to be reported freely, too - so your car overcharges are legitimate topics for you to discuss, as long as you didn't imply false facts - and, since he is not suing you for defamation over any of the car remarks you made, I am assuming you did not write anything false about the car repairs. The fact that he is not suing you for defamation is revealing, in that he or his attorney do not apparently feel there is a basis in what you posted for a defamation action. Either what you posted is true, or is clearly opinion, and the invasion of privacy action was all they, perhaps, felt they could legitimately bring.

The retraction you printed is good in that it will mitigate any damages awarded, should this shop owner win a suit against you - but from what you have posted, it does not seem that he has much of a case. It sounds like this privacy invasion suit is merely a response to your own suit against him - and that he is just hoping to offset costs by countersuing.

 

[onefrostykat]

Thank you Quincy

Thanks a lot for takingthe time to respond to my post asking for Invasion of Privacy assistance/advice. I appreciate all your good information.

I have met every response deadline on time and have even fired a few Motions for Discovery/Interrogs/Request for Production of my own. I used his attorneys papers to model my own versions and sent them back with my own questions. This after answering all his questions on time, of course.

In fact his attorney did file other ridiculous causes of action against me...all these as counter-claims in the same small claims court action: fraud, breach of contract, slander (Isn't that spoken?), libel, defamation of character...you name it. That must be the "pepper factor" you mentioned. Unreal and kinda odd...I mean it is small claims!

I got extremely good advice from your buddy Quaere...and I think that (the retraction) caused the OC to scramble for anything else to throw.

They are just throwing stuff to see what might stick (in my opinion..hahaha) and while I am nervous going up against a pro...I think I can do it as my actual case against the defendant is strong. At least I feel it is. Now, if I just don't get beat up by a pro while I am bobbing and weaving I should survive.

I am not nieve enough to think I'll win just because I think I am right. I have been doing a lot of homework on this as I am retired...it has been a true learning experience no matter what the outcome.

Thanks again for your intelligent advice. You are providing a great input service and I wish you all the best.

A last question or two:
I was considering filing a tort for Emotional Distress resulting from another person's negligence...just to mess with them. Will this just anger the Judge? If so, I don't want to do that.

Also thinking about filing against the "car repair guy" for negligence, fraud, fraud by inducement, failure to meet fiduciary obligations, deceit, etc.

Two can play the blame game

Another thought is to turn the Defendant into the National Fraud Information Center, the State Attorney General's Office and the FTC for his unscrupulous business practices and unsahe and negligent fabrication. Would I be wise to hold off on this until the case is over?
Can I appeal for reasons other than procedural problems I may have in court?

I plan on being as smart as I can be...but an attorney (even a bad one) probably has more legal skill than I have and my lack of law skills worries me.

Thanks again for any advice you can give this poor man's Johnny Cochran.

 

[quincy]

It does seem that this car repair guy and his attorney are trying to throw as many things at you as they can, to see what, if anything, will stick. Slander is spoken defamation, libel is written defamation, defamation of character can be through libel and/or slander - and to include all of them separately in one suit is odd, to say the least. It is also odd (at least for Michigan - perhaps not Alabama) to have a defamation action heard in small claims court. I am also not sure why the suit against you includes fraud or breach of contract either - did you learn you were being overcharged and then not pay the car repair guy or something? It is possible that Alabama is one of the states where all claims arising from one incident must be brought at the same time or else the right to bring an action may be lost, but I am not sure on that. That definitely would explain the long list of claims, however.

There is often not a need for an attorney in small claims, but knowing the rules of procedure can be helpful when going up against a "pro". It would be nice if merely "being right" was enough to win a suit, but that is not always the way it plays out. What is most important is not what you say or how you say it, though, but rather the evidence you bring into court to prove and back up what you say. That is what the judge will be interested in, and it will be the facts presented that will determine the outcome.

It is hard to say whether your judge would consider your filing an Emotional Distress action, or negligence, fraud, et al., against this car guy "frivilous" and annoying or not. Judges are busy, though, and hate to waste time. It is up to you to decide whether these are legitimate causes of action. In many states, as I mentioned earlier, if you are suing over one event or transaction, any claims you wish to bring on this one event or transaction must be brought at the same time - you cannot come back later to sue. If Alabama is such a state, then it may be wise to bring all reasonable and potentially winnable actions at the same time.

As for appeals, those vary by state and, again, I am not familiar with Alabama law. In some states, either party to a suit can appeal within 30 days and the whole case will be brought up anew before a new judge. In other states, appeals are only granted if a mistake was made in the legal proceedings. You can call your local court to find out whether an appeal is possible in Alabama small claims.

As for reporting this car repair guy to the state, you can certainly do that at any time - either to the Attorney General or, if Alabama has a Consumer's Affairs Division or Consumer Protection Department, those would be possibilities as well.

It may help your nervousness a little to know that studies have repeatedly shown that, in small claims actions, individuals representing themselves tend to do just as well as those who are represented by lawyers. It is really all about the evidence - if you have it and can prove your case, you should do fine.

 

[SHORTY LONG]

It does seem that this car repair guy and his attorney are trying to throw as many things at you as they can, to see what, if anything, will stick. Slander is spoken defamation, libel is written defamation, defamation of character can be through libel and/or slander - and to include all of them separately in one suit is odd, to say the least. It is also odd (at least for Michigan - perhaps not Alabama) to have a defamation action heard in small claims court. I am also not sure why the suit against you includes fraud or breach of contract either - did you learn you were being overcharged and then not pay the car repair guy or something? It is possible that Alabama is one of the states where all claims arising from one incident must be brought at the same time or else the right to bring an action may be lost, but I am not sure on that. That definitely would explain the long list of claims, however.

There is often not a need for an attorney in small claims, but knowing the rules of procedure can be helpful when going up against a "pro". It would be nice if merely "being right" was enough to win a suit, but that is not always the way it plays out. What is most important is not what you say or how you say it, though, but rather the evidence you bring into court to prove and back up what you say. That is what the judge will be interested in, and it will be the facts presented that will determine the outcome.

It is hard to say whether your judge would consider your filing an Emotional Distress action, or negligence, fraud, et al., against this car guy "frivilous" and annoying or not. Judges are busy, though, and hate to waste time. It is up to you to decide whether these are legitimate causes of action. In many states, as I mentioned earlier, if you are suing over one event or transaction, any claims you wish to bring on this one event or transaction must be brought at the same time - you cannot come back later to sue. If Alabama is such a state, then it may be wise to bring all reasonable and potentially winnable actions at the same time.

As for appeals, those vary by state and, again, I am not familiar with Alabama law. In some states, either party to a suit can appeal within 30 days and the whole case will be brought up anew before a new judge. In other states, appeals are only granted if a mistake was made in the legal proceedings. You can call your local court to find out whether an appeal is possible in Alabama small claims.

As for reporting this car repair guy to the state, you can certainly do that at any time - either to the Attorney General or, if Alabama has a Consumer's Affairs Division or Consumer Protection Department, those would be possibilities as well.

It may help your nervousness a little to know that studies have repeatedly shown that, in small claims actions, individuals representing themselves tend to do just as well as those who are represented by lawyers. It is really all about the evidence - if you have it and can prove your case, you should do fine.

To the [op] no disrespect, for I am not hijacking your post!

Quincy, tried to pm you but you have it turned off. So here is my pm:

31 DEC 07 HAPPY NEW YEARS TO YOU & YOURS..,

Quincy, a very Blessed Happy New Year to you, and your loved ones; and
may the next year be even better than the year before.

Very sincerely, and respectfully,

Shorty

 

[quincy]

Thanks, Shorty! HAPPY NEW YEAR!! Here's to a 2008 of happiness, peace, and prosperity for you and all those you love!

 

[Quaere]

Frosty, where does it say that small claims in AL has the jurisdiction to award ATTY fees?

 

[onefrostykat]

Attorney fees

I am not sure whether I misunderstood the Judge or not. I thought he said the losing party would be responsible for damages and court costs. I just assumed by his saying court costs he meant if I lost I would have to pick up his attorney's costs.

I will check into that as soon as the courts are open again after New Year's Day.

Thanks.

onefrostykat

 

[onefrostykat]

To Quincy and Quaere...

I went to the courthouse today and they stated that all the various charges can be filed in small claims...and it depends on the judge as to whether he will hear them.

Also, I looked up info on my statement that the Defendant's wife had left him (as he mentioned to ME) and it is a matter of public record...so I imagine that will kills their weak and frivolous claim of Invasion of Privacy.

Can't wait to see what their next flanking maneuver might be.

Thanks for all your advice.

 

[cepe10]

Doubtful any judge in his right mind would actually award anything in a case like this. Actual damages have to be proven for that. At least it is small claims and the risk is small. Certainly the harassment factor is the driving motive here.

 

[quincy]

onefrostykat -

Thanks for the update.

I located a legal services organization that may be of some assistance to you, for those questions you have that require a specific-to-Alabama answer. Legal Services of Alabama can be reached at (334) 832-4570 or www.alabamalegalservices.org or you can email legal services at info@alsp.org.

It also appears that appeals can be made in small claims cases if filed within 14 days - your case would then be moved from the District Court, and small claims, to the Circuit Court, where it would be heard again.

I agree with cepe10 that it will be difficult for the car repair guy to demonstrate injury sufficient enough to be awarded monetary damages. Just be prepared with your witnesses and evidence to combat his allegations against you.

 

[onefrostykat]

Thanks to all

I appreciate all the great advice.

Quincy...thanks for the leads on AL specific legal help.

I'll be ready for them.

onefrostykat