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Bank defamation


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#1 jaimemamere

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Posted 20 February 2013 - 12:11 PM

I have been having problems with my bank They accdentaly forwarded me a message they sent to one another inside the bank I do some work for the National guard.Do I have recourse and what should I ask for? This is in Kansas
Forwarded Message -----
From: ****
To: '*****
Sent: Thursday, February 14, 2013 8:28 AM
Subject: FW: hello
I don't know if they're making the full payment due or paying it off. Who does she do at the National Guard to get money? Hmmm!

Edited by FindLaw_AHK, 20 February 2013 - 12:19 PM.
http://boards.answers.findlaw.com/index.php/topic/224450-what-steps-does-a-bank-need-to-follow-to-assume-leases-collect-rent-and-what-expenses-are-they-obligated-to-pay/


#2 Guest_FindLaw_Amir_*

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Posted 20 February 2013 - 12:21 PM

To learn more about this subject matter, you may want to read: Defamation Law: The Basics and the LawBrain: Defamation article as a good resource.

#3 adjusterjack

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Posted 20 February 2013 - 01:47 PM

I have been having problems with my bank They accdentaly forwarded me a message they sent to one another inside the bank I do some work for the National guard.Do I have recourse and what should I ask for? This is in Kansas
Forwarded Message -----
From: ****
To: '*****
Sent: Thursday, February 14, 2013 8:28 AM
Subject: FW: hello
I don't know if they're making the full payment due or paying it off. Who does she do at the National Guard to get money? Hmmm!


Recourse for what?

Ask for what?

I don't see anything defamatory in there.

I think you are over reacting.

By the way, what do you do for the National Guard to get money? Hmmmm?

There, I wrote it on a public website for all to see.

Explain to me, please, how that defames you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 jaimemamere

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Posted 20 February 2013 - 04:13 PM

who does she do? is not defamatory

#5 harrylime

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Posted 20 February 2013 - 04:31 PM

who does she do? is not defamatory

No.

#6 Tax_Counsel

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Posted 21 February 2013 - 03:02 AM

I have been having problems with my bank They accdentaly forwarded me a message they sent to one another inside the bank I do some work for the National guard.Do I have recourse and what should I ask for? This is in Kansas...
Who does she do at the National Guard to get money? Hmmm!


I assume you think that the underlined part of your post above is defamatory. It is not. It is not a statement asserting any fact about you. It is instead, I think, simply a snarky comment about you that falls into the realm of opinion. Opinions, even negative or hurtful opinions, are not defamatory. Moreover, in order to win money damages in most defamation claims, you must show that you suffered damages as a result of the alleged defamatory statement. You've not indicated any damages here.

Certainly, the comment was unprofessional in company e-mail and I suggest you complain about that to the bank president.

#7 pg1067

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Posted 21 February 2013 - 10:28 AM

They accdentaly forwarded me a message they sent to one another inside the bank I do some work for the National guard.


First of all, this appears to be two sentences smushed into one. Second, who are "they"? It appears to be a reference to some bank employee. However, since an e-mail (which is apparently what you're talking about) can have only one sender, that would call for a "he" or a "she." So, are you only talking about the sender of the e-mail, or are you talking about multiple persons? If it's multiple persons, who are the others?


I do some work for the National guard.Do I have recourse and what should I ask for? This is in Kansas
Forwarded Message -----
From: ****
To: '*****
Sent: Thursday, February 14, 2013 8:28 AM
Subject: FW: hello
I don't know if they're making the full payment due or paying it off. Who does she do at the National Guard to get money? Hmmm!


The meaning of these statements is quite unclear. However, I assume you're interpreting "Who [sic] does she do" to be an allegation by the sender of the e-mail that you engaged in prostitution -- i.e., that you traded sex for money. If, in fact, that was what was said, then the statement could have been defamatory. However, I agree with "Tax_Counsel" that this was nothing more than a snarky expression of opinion and that the author of the statement was not intended to state, as a matter of fact, that you engaged in prostitution. I also agree that you appear to have suffered no damages (although that might not make a difference depending on the specifics of KS law).




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