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Mike c

Memo section of a check

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I was upset with my tax reduction company. I wrote “scam/theft” in the memo section of the check I wrote them. They want to sue me for libel and slander. Can they? 

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There is no "want to sue" there is only sue or not sue.

 

But, yes, they can sue you because anybody can sue anybody for anything. They just aren't going to win. They are likely blowing hot air.

 

In the future, don't write stupid comments anywhere.

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2 hours ago, Mike c said:

I was upset with my tax reduction company.

 

Ok, let me guess. This was one of those companies that heavily adverstise that they can settle your outstanding tax debts for pennies on the dollar, right? Those places often are little better than scams. They work off high volume and push out as many offers to the IRS as they can. They do succeed some of the time just because when you do lots of them a few will get accepted, kind of like hitting the lottery. But most of the offers they do are rejected, and when that happens they just throw up their hands and tell you "gee, we tried" and keep your money. What's most aggravating about them is that they know most of their customers will get rejected and yet they keep telling everyone who walks in the door that they'll be able to reduce the customer's tax obligation. So if that was the situation you had, I don't blame you for being upset.

 

2 hours ago, Mike c said:

They want to sue me for libel and slander. Can they? 

 

They could sue you. But as Jack said they won't win. No one but them likely even saw the note you wrote on the memo line since check processing is highly automated. And if no one saw it there can be no harm to their reputation. I think once they talk with a lawyer and find out how much it will cost to sue and that they'd lose they'll just let it go. Sure, they don't like your opinion of them. But if they dont' know that many of their other disappointed customers also feel the same way then they are in for a surprise if they ever started asking their former customers for opinions. 

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13 hours ago, Mike c said:

They want to sue me for libel and slander. Can they? 

 

"They"?  A company is an it, and yes, it can sue you.  Anyone can sue anyone for anything.

 

I'm curious, though, how you know that your "tax reduction company" wants to sue you.  Did he/she tell you anything beyond, "we want to sue you"?  Specifically, did this person tell you anything about any actual damage that the company suffered as a result of your alleged defamation?  Did this person explain how he/she thought suing for "libel and slander" could be possible based on a written statement?

 

What is the business entity form of the company (i.e., is it a corporation or an LLC or something else)?  If the company is an artificial entity such as a corporation or LLC, does your unidentified state's laws allow such entities to bring defamation suits?

 

The of this almost certainly is that the person who told you that the company "wants to sue" is just butthurt.  There's virtually no way that the company suffered any damage as a result of your juvenile comment, and it's virtually certain that any court would rule that your comments were not actionable statements of fact but, rather, were non-actionable statements of opinion.

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