Slander Law State of New Jersey
Slander refers to public speech that hurts a person's reputation or business. In the United States, slander is a civil offense; victims must sue offenders in civil court. Statutes relating to slander differ from state to state. New Jersey has specific criteria governing slander and slander lawsuits.
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Definition
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Slander has to be public; gossip within a family is not an actionable offense. It also has to be untrue; saying that you were arrested for theft is not slander if you were. Dancingwithlawyers.com says that New Jersey has a "slander per se" law, which means that a statement must directly harm your reputation. For example, saying "Mrs. Smith is nothing but an alcoholic," might be actionable; saying, "Mrs. Smith went to the bar last night," is not actionable, as a listener would have to infer that Mrs. Smith is an alcoholic from the statement.
Considerations
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In New Jersey, slander lawsuits are a division of personal injury lawsuits. In order to sue, you will have to file a claim with the court and, if you are seeking more than $15,000 in damages, try your case before a judge and jury. You are not required to hire a lawyer, according to the New Jersey Civil Practice Division, but one may be a good idea. Slander lawsuits can become expensive in terms of both time and money, and you should consider whether the damage to your reputation is worth the response. In addition, if you sue, especially if you seek high damages, your case may get media attention. In some cases, this may draw more attention to the slanderous comments and further hurt your reputation.
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Statute of Limitations
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New Jersey law places a 1-year statute of limitations on slander cases. This means you must file your lawsuit within 1 year of the date the slander occurred.
Sue for Slander
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In order to sue for slander in New Jersey, you must file a claim with the civil court. Once you pay the filing fee and submit the paperwork, the court clerk will schedule a date for your hearing and the New Jersey sheriff's office will deliver written notice to the person or company you are suing.
Getting a Lawyer
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New Jersey law allows you and your opponent to be represented by attorneys during slander trials. If you cannot afford a lawyer, you may contact Legal Aid for your county. County court staff can also refer you to lawyers who specialize in slander.
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References
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