You may be inclined to deny the severity of the situation or hope that the problem will go away on its own. You need to appreciate the situation to properly take action to resolve it. Don’t get sucked into negativity. Telling yourself that your life is ruined will only contribute to your stress. Focus that energy on what you can do to take control of the situation and defend yourself.
For example, if you are accused of some misconduct at work, your coworkers may continue to make insinuations and jokes behind your back despite an official investigation clearing you of blame. Ignore them, and they will eventually lose interest.
Don’t be afraid to ask for professional help. A professional therapist or psychologist can help you work through your feelings and take control of your emotions.
For example, if you are accused of stealing at work, it is your boss’s opinion of you that matters, because your boss has the authority to investigate the accusation and fire you if he or she believes the accuser’s story. Sometimes, your only judge is your accuser. In these cases, the only consequence of the false accusation is the harm to your relationship with the accuser. You will need to respond to that person by acknowledging the pain they have suffered, explaining your innocence, and working together to repair your relationship.
Sometimes, an alibi is your best defense. Try to establish that you were not present when the wrongdoing occurred. Offer an alternative explanation if you can. You can try to resolve cases of miscommunication or mistaken identity by identifying the guilty party or pointing out where the accuser made a mistake. It’s not entirely fair to expect you to solve a problem you didn’t create, but if you are able to solve the problem, you can resolve the controversy yourself. However, avoid making any false accusations of your own. In some situations, all you can do is plead ignorance. For example, “I don’t know why Mark would accuse me of making a rude comment to him in the hall. I did speak with Mark in the hallway that day, but I did not make the comment he said I made. "
You can also use character witnesses who are willing to say that they know you well and know that you would not have done what you have been accused of doing.
For example, you can use a receipt from a gas station showing the date and time to show that you were not at the location of the incident at that time. You can also use character witnesses, which are people who are willing to testify that based on how well they know you, they do not believe that you were involved in the incident.
You can testify on your own behalf if you choose to. However, if you choose not to testify, the judge will instruct the jury not to infer guilt from your decision to remain silent. There are many good reasons not to testify, even if you are innocent. The prosecutor will get to ask you questions and try to trip you up, you may have difficulty speaking in public that makes a bad impression, or you may misspeak or misstate the facts. [2] X Research source Talk to your attorney about whether you should testify.
If you are sued in small claims court, you may not need (and may not be allowed) to have an attorney represent you.
The clerk will charge you a filing fee. If you cannot afford to pay the fee, ask the clerk how to apply for a fee waiver.
Have the server fill out a “Proof of Service” or “Affidavit of Service” verifying that he or she served the Plaintiff. The form is available at the clerk’s office. Then file the completed form with the clerk.
You will need to arrange to have your witnesses accompany you on the date of the trial. When assembling photographs and other documentary evidence, put it in binders for easy reference during the proceedings.
During cross-examination, keep your answers short and truthful. Do not be afraid to admit that you do not know an answer. [3] X Research source
Slander refers to defamatory statements that are spoken, while libel includes defamatory statements that are written or published. [4] X Research source Some defamatory statements are privileged. For example, you cannot sue someone for libel if they only printed the false accusation in a court document. [5] X Research source
Abuse of process requires you to prove that the defendant used intentionally used a legal procedure for an improper purpose. [7] X Research source Malicious prosecution requires you to prove that the defendant started a criminal or civil proceeding without reason to believe the allegations he or she made, for some improper purpose. You must also be able to show that the criminal or civil proceeding ended in your favor, whether you won or got the case dismissed. [8] X Research source
