Can a scammer sue me for defamation on the Internet?

Can a scammer sue me for defamation on the Internet?

The definition of "defamation" is when someone speaks “lies” about another person. For example, if I bought a car at a car dealer named XYZ and the car never gave me any problems, and yet I leave a very bad review on the Internet saying that XYZ sold me piece of junk, then yes I am guilty of defamation. XYZ can legally can sue me for defamation of character on the Internet.

But now let's say I bought a car from XYZ and the car really was a piece of junk. Now if I go online and publish these complaints, this is not slander, as I'm being honest. Although XYZ can still sue me, because I'm telling the truth, it's likely that I will win the case. Remember, as long as you're honest, you have nothing to fear.

However, most scammers are deceitful people and will not think twice about lying in court, even under oath. This is why some people prefer to write their complaints anonymously. In this way the scammer can only "guess" who wrote the complaint, and with no evidence of who wrote it, they can’t really sue anyone.

If you do not know who the author of the complaint is, then you can’t sue anyone. If you write complaints on the Internet "anonymously" (using a fictitious name like “Mark Twain”), then no one will know who wrote it, and therefore no one can sue you for defamation. Who will know that you have written it if you use a fictitious name (or a nickname like “Prince Charming”) and you wrote the complaint on a public computer (Café Internet)?

What if I want to sue the scammer and I don’t care if he or she knows I wrote a complaint online?

If you plan to sue the scammer in court, and you don’t care about revealing your identity on the Internet, then you should be prepared to succeed in court. Remember, anyone can sue someone, but that does not mean you will win. You should concentrate on having enough evidence to win the case.

Also, try to contact a local attorney with reasonable fees that may be able to help you sue the scammer. However, unfortunately, attorney fees can be expensive, so if you decide to sue in court be prepared to pay for legal help.

Should you sue a person who scammed you in court? 

In my opinion, if you didn’t lose that much money, then it’s probably not even worth it. You may even end up spending more money on your lawyer fees than what you lost with the scammer! However, if you lost a considerable amount of money, then a lawsuit may very well be worth it.

First consult a competent attorney and let them analyze your situation to see what your best options are. A competent and honest lawyer should know exactly what is best for your situation. An important factor is of course if you have enough evidence to support your claim. If you lack evidence, it can be difficult to prove your case in court and win.

Remember, most scammers are good liars. For example, the wily con artist can see a judge in the eye and tell him that the money that you gave him was a gift, etc., etc., etc. And if there is a signed contract, the scammer may even deny that he ever received anything from you. It will be your word against his. This is why it is always important to have copies of signed documents every time you enter into any legal contract or business.

Another important factor that can help you win a court case aspect is to have a witness. If you lack the appropriate documents, then maybe you can try to find witnesses. Remember witnesses (who swear under oath) carry a lot of weight in court. Each year, many criminals are sentenced to prison thanks in part to witnesses who testify against them.

The key is to have a credible witness. I'm sure you've seen movies in which witnesses testify against criminals and help put them in jail. Finding a credible witness who is willing to testify in court against a fraudster can help your case. If you know someone who is a victim of the same person who scammed you, try contact them and ask them if they would be willing to testify in court. 

If they are also victims of the same person, then chances are they may want help because most likely they also want to see justice served. Similarly, you can also tell other victims that you are willing to cooperate with them, and even testify in court for them, against the fraudster.

Note: If you know someone who is a victim of the same scam artist, but lives in another country, you can try to get them to send a notarized document swearing that they were also victims of the same scammer. This can be mailed.

The more witnesses you can find, the better, because the more people who cooperate, the more evidence against the scammer and his or her credibility will be tarnished. The scammer will be virtually unmasked in court as nothing more than a spineless charlatan.

If possible, also bring family members or close friends who are witnesses and know that you were ripped off. Witnesses are very important and can be the difference between winning or losing the case.

Remember the saying, "If you have nothing to hide, you have nothing to fear." And this is the attitude you should take to court. If you tell the truth, then justice is on your side. The liar and the con artist is the one who should be full of fear, not you.

Do your own research

Another good tactic to help increase your chances of winning the case is through Google. Using http://www.google.com, do a search of all names and companies that the scammer has used in the past and present. Also look for all names that the scammer has used in the past and present.

Also do research on all the phone numbers that the scammer has used in recent years. Also do research on all the addresses the scammer has used in recent years. Do the same with the names of all the accomplices of the scam artist (if he has any accomplices). Investigate and then print all of this information as evidence.

If the judge recognizes that the scammer constantly changes his or her name, phone number, company name, address, etc., then this will look very suspicious. Someone who changes their phone number, address, name, etc. very often is someone who most likely has something to hide. This will tarnish the "credibility" of the scammer in the courtroom.

Make copies of all the documents, contact witnesses and bring everything to the court. With so much evidence it is very likely that the scammer will have a very bad experience in the courtroom. And with the credibility of the scammer tarnished, it is very unlikely that the judge will believe the words of the scammer. And this is the goal --- to expose the con man as a liar and charlatan!

Note: If you live in the United States, and have a low income, you may qualify for free legal help. Go to this website, click on the state you live (US) and there is information to contact an attorney in your state. For more information about free legal assistance, contact:

http://www.lawhelp.org/

Remember that in the United States, freedom of expression is one of the most important attributes of this country. And many other countries also value freedom of expression. Everyone in the world should have the right to express themselves, provided they are being honest. If you are telling lies about someone, then that's different. Defamation is when you lie. But if you're only telling the truth, then you have nothing to fear.

And do not forget you can also sue the scammer for breach of contract. If you build a strong case, you could win in court. But as I said before, winning in court does not mean you will regain your lost money. Unfortunately, many scammers are very agile and they know how to hide their stolen money. Sometimes the scammer will have more incentive to stop complaints on the Internet (and negotiate with the victim) then to win a case in court. This is the sad reality of our broken legal system that is losing the war against the scam artists.

But we must not forget that the long technological arm of the Internet can help bring some justice to the scam artists. The Internet is a place where consumers can raise their voices and be heard worldwide. Only corrupt individuals or unscrupulous businesses who have done something wrong fear the Internet. But those of us who are honest and upright have nothing to fear.

A good reputation online is essential for all businesses and individuals. How many companies have suffered due to bad reviews online? How many professionals have lost business because of bad reviews online? And the importance of the Internet is only going to grow more and more, since the Internet is becoming more popular every day around the world.

However, if you desire, you can still sue a scammer in court. But I recommend that you first consult with a competent attorney. Apart from this, you can also make your own line of investigation regarding the legal laws by doing searches on Google. There are many websites dedicated to helping people win cases in court. Here are some websites with free information on legal issues:

http://www.freeadvice.com/

https://www.rocketlawyer.com/legal-advice.rl

http://www.lawhelp.org/

What if I prefer to keep my privacy and do not want anyone to know that I filed a complaint online?

Now if you are not interested in suing a person who scammed you in court, and you prefer to keep your privacy, then simply publish your complaints anonymously under a fictitious name, pseudonym or a nickname. You can even publish your complaints on a public computer if you really don’t want to leave any trace at all.

Use a fictitious name (for example, use a common name like John Doe) and also use a fictitious e-mail (for example, create an email with a common name) and nobody will know you wrote the complaint. And if no one knows who wrote the complaint, then no one can sue you for defamation, even if the scammer is a computer Wiz. 

But in my opinion, do not be afraid of the scammers. They are the ones who should be afraid of us. Unity is strength! In the next post I will cover how to recover money you may have lost to a scammer.

Until next time,
Justice Jeremiah