Quote:
Originally Posted by Biljol
I assume you own a spot there ….
There are no legal fees is a small claims court case. You may need to pay court cost if you do not prevail.
There is no protection for disparaging comments so I assume your tryin to say slander.
You can not be sued for stating what happened to yourself. The truth is the ultimate defense. If you mean Slander that is only valid it it’s un true.
IF that written policy is in violation of state law it is not a policy it is illegal and can not be in forced.
Per se
My policy is anyone who walks on the side walk in front of my house has to pay me 30$ so that’s ok because it’s my policy never mind that it’s against the law…..
Contracts must conform to state and federal law if they do not they are invalid. Therefore the payee would have damages and must be made hole.
This is once again assume SC state law is similar to AZ.
BTW I am not an attorney and this is not legal advice and just my opinion based on previous experiences I would advise anyone looking to take legal action to consult and member of the bar in the state of action.
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Your assumption is incorrect, no ownership and no interest in the business.
I also am not an attorney.
Disparagement is concerned with the publication of derogatory information about a person's title to his or her property, to his or her business in general, or anything else made for the purpose of discouraging people from dealing with the individual.
SC magistrate allows lawyers to appear on both parties behalf, my assumption would be the business would be represented by legal counsel and pursue every recourse to recoup costs incurred brought by such a frivolous lawsuit, not sure if they would be awarded them or not.
But, perhaps they would be considered in civil action when the business files suit for losses exceeding the 7500.00 small claim threshold due to the disparagement of property title? Ultimately for the judge to decide
Regarding your sidewalk example, my assumption would be that you don’t own the sidewalk, as they are typically on an easement or right of way and that you are not operating a licensed regulated business on your property to rent use of said sidewalk, so don’t see it as a valid example, per se.
I do agree with you that the OP should'nt take any legal advise from this or any internet posting and should consult an attorney if they feel they were somehow wronged in this instance.