Federal defamation case
rahul
(Querist) 30 July 2016
This query is : Resolved
I am from India and a professional software consultant and provide online freelancing services across different countries including USA.
One of my usa client (california) owes me previous weeks payment .I recenlty again asked him to pay me but instead he took it differently thinking that I am constantly begging and bothering him a lot since it is just a matter of one week delayed payment.
Below are his very recent email message :
Note --> The "push" is the name of the software I developed online for him
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"You seem pretty brazen In your insults and attack at me. So let me remind and warn you - using my push to defame me, discredit me, or spread hate - are all federal crimes and punishable in India as well as USA."
And I sure would press charges if it comes to that. So better think twice before you do me damage.
You were getting kind of rough with me. Not listening carefully. Giving me an oh "wow!" Going on and on about filling me up with guilt.
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What actions can I take to defend myself if he files USA federal defamation case against me?
It seems the client is a bit afraid since he owes me money and hence thinks that I can delete the software that I developed for him.
Does this case even hold in India? I mean can he file case from USA agaiinst me?
Also suppose in future if I want to file "employment issues for being not paid " case against him then can an employee like me from India do that against an USA employer.
What are the procedures to do that? Can u provide some helpful links?
The client isssued the warning to my skype chat message -> "this is very bad actually ..i workked for u with so much dedication and u pomised to pay weekly and still there is 50 % chance WOW"
Kumar Doab
(Expert) 30 July 2016
You may show the agreement signed and its T&C, jurisdiction, communications sent by you etc to your able counsel, for a considered opinion.
Guest
(Expert) 30 July 2016
But you have not discussed on what exact mail or message, he issued such a warning to you. You may like to discuss that also, so that the experts may analyse impartially with reference to the actions of both sides.
rahul
(Querist) 30 July 2016
The client isssued the warning to my skype chat message -> "this is very bad actually ..i workked for u with so much dedication and u pomised to pay weekly and still there is 50 % chance WOW"
Guest
(Expert) 30 July 2016
Are both of you keeping record of skype messages?
rahul
(Querist) 30 July 2016
Yes both I and client kkeep skype messages record
Kumar Doab
(Expert) 30 July 2016
It was posted In my first post that:
"You may ....... agreement signed and its T&C, jurisdiction, communications sent by you "
While you posted the extract of your communication you have not confirmed on others...............
You may clarify your message does not .....................as precieved....
You can ask payments as per agreement.
Guest
(Expert) 30 July 2016
To avoid any litigation, damage control is quite necessary. Instead of using skype messages, you may resort to polite email messages to request him to make payment as per the agreed terms. On reponse of your client only thereafter you should think about what further course of action you would require to take.
You may also like to show your skype records to analyse the contents for further guidance.
adv.bharat @ PUNE
(Expert) 30 July 2016
Defamation based on skype is part of fact. As client had not paid 50% he try to threat you for filing case.
Keep following him and ask your payment as per agreed term.
rahul
(Querist) 30 July 2016
You mean filing complaint here
https://www.bbb.org/consumer-complaints/file-a-complaint/find-business/
Guest
(Expert) 30 July 2016
Of course, but only if found necessary after you get your skype record and agreement properly examined by some capable lawyer on international law.
rahul
(Querist) 30 July 2016
Hello Mr Bharat
"Defamation based on skype is part of fact. As client had not paid 50% he try to threat you for filing case.
Keep following him and ask your payment as per agreed term."
I havent defamed anything but the client is threatenign me that if I even try to do then he will file "federal defamation case" against me.How to handle such clients? Do I need to worry?
How to defend myself in such cases even if he files and accuses me falsely?
Any precautions before things get worse ?
Guest
(Expert) 30 July 2016
Mr. Rahul,
I hope, you can realize well that any blanket advice, as asked from Advocate Bharat, may not be possible to be given by anyone without going through your agreement and skyp records of both the parties. Advocate Bharat may however, express his own views.
R.K Nanda
(Expert) 30 July 2016
Nothing to add.
Kumar Doab
(Expert) 30 July 2016
You may show the agreement signed and its T&C, jurisdiction, communications sent by you, skype chats etc to your able counsel, for a considered opinion.
Rajendra K Goyal
(Expert) 31 July 2016
All the T&C, jurisdiction, communications sent by you, skype chats etc. need to be referred, Discuss with your lawyer.
You may reply that you have not done any kind of defamation, you have requested to effect your payment.
It seems the party is not interested in effecting your payment, you may have to forget it.
If jurisdiction agreed in agreement was at USA, he can proceed accordingly.
P. Venu
(Expert) 31 July 2016
From the facts stated, there has been exchange of communication between two person, but no communication to third person(s) or publicity. As such, there could no case of defamation; perhaps, other offenses could be made out depending upon the facts and circumstances.
Kumar Doab
(Expert) 01 August 2016
The party owes you as it has not paid.
You have asked for payment.
The party is trying to entangle in other issues.
It isn reiterated that; 'You may show the agreement signed and its T&C, jurisdiction, communications sent by you, skype chats etc to your able counsel, for a considered opinion.'
