How Do I Sue for Slander in Texas?

Once you have sued, a judge will guide your case through to completion.

When you have been wronged, and cannot resolve the matter informally, you may need to file a civil lawsuit. Slander is just such a wrong. Filing an action in Texas for slander is similar to filing a lawsuit for any other civil tort. You must research and draft your petition, then file it with the court.

Things You'll Need

• Paper and pen or computer
• Defendant's name
• Filing fee

Instructions

1. Identify the defendant. In order to sue, you must identify the individual or entity that committed the slander.

2. Make sure the elements are met. Your suit will be dismissed if the elements of a claim for slander did not occur. All defamation claims in Texas (libel and slander) require a statement about you published by the defendant and that the statement was defamatory. Slander, as opposed to libel, involves an oral statement (not written). To be defamatory, a statement must be both negative and untrue. In addition, the defendant must have acted at least negligently in publishing the statement, or with actual malice if the plaintiff is a public figure.

3. Draft your petition. Texas calls the initial legal pleading, which many states refer to as a "complaint," a petition. Your petition must include a short statement that you are suing for slander, and enough information about the basis of your claim to give the defendant fair notice. You must also include a demand for the amount of money you are seeking, and a statement that this amount is within the jurisdiction of the court. Each paragraph in your petition should be separately numbered. You must sign your petition and include your address, telephone number, and fax number (if you have one).

4. File your petition. You will need to file the petition with the clerk of the court -- either the district or county court -- depending upon your location and that of the defendant. You will also need to pay the filing fee (or apply to have the fee waived) and fill out certain forms, including a case information sheet, which you can obtain at the clerk's office. The clerk's office can help you complete the filing process. When you file the petition, the clerk will issue a summons to the defendant.

5. Serve the defendant. After your petition is filed, you will need to have the defendant served. The best method for service is by personal delivery: having another adult actually hand a copy of the petition, summons, and other papers to the defendant.

Tips & Warnings

• Filing a civil suit can be complicated and confusing. If you have questions, contact an attorney. If you cannot afford an attorney, contact your local legal aid organization for assistance.

References

• Texas Lawyer: Texas Causes of Action (Defamation); Gaddy Wells; 2007-2011
• Texas Supreme Court: Texas Rules of Civil Procedure