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legal advice-character defamation?


itstartsstoppin

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Saturday morning i took my car into the tire and lube at walmart to get a flat tire patched that had glass in it. They said they would call my phone when it was done. Thay did not call the entire day. The next day i went to pick it up and i gave them my name and thy said they did not have my car. I said yes you do thats it right there, and pointed to it in the parking lot. Finally they found my record and my keys, when they gave me the keys i said "why was i not called yesterday". The manager said we called at 11:54 am.

 

I said i was not called, what number did you call, and he said the number that i gave him. I asked to see the sheet and it had a totally differant number on it, then i noticed a totally differant name on the sheet. The sheet was under the name "julio valareel" and my name is "jon p*****". So the sheet had another name but my cars info on it. I told him thats not my name and not my number, and i said you called the wrong person yesterday, as i was expecting an apology for their error, he started accusing me of trying to steal my own car in front of about 20 customers, then started to say he was calling the cops.

 

My question comes in here, i am calling the distric manager today, to get free service, and if he does not give it to me i am going to tell him i am already talking to an attorney and defamation of character, but does defamation of character acually hold enough ground to scare him into avoiding a lawsuit and giving me free service.

 

 

Thanks if you have gotten this far.

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Originally posted by itstartsstoppin

does defamation of character acually hold enough ground to scare him into avoiding a lawsuit and giving me free service.



 

 

They might give you the free service just so you'll leave them alone, but good luck trying to scare Wal-Mart with a lawsuit.

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I think you have absolutely no case, need to attempt to get free service, give the voucher to a friend for Christmas, never go to Wal Mart again, and lighten up.

:rolleyes:

Do you really give a {censored} what a dozen people in a {censored}ing Wal Mart tire and lube shop waiting room think about your 'character'? Are you trying to get a job with one of them?

Yes, the guy was an asshole. You have a right to be pissed off. Don't sissify yourself by attempting to 'get a lawyer' because the bad man said bad things to you and made you sad.

ADDENDUM: If I was a district manager, I'd laugh at you if you threatened Wal MArt with a lawsuit over something like that. What I would say is that I would tell my wife/girlfriend/parents/brothers and sisters/coworkers/friends all about what had happened and make sure none of them ever used Wal Mart service center again. Or that you have a website and will be posting your story under the title 'Wal Mart at XXXX Blah Blah Street Accused me of Stealing MY Own Car'. That affects sales and affects his bonus - he must hear the lawyer bit about three hundred times a day.

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DoC lawsuits are serious business. I worked at Curcuit City for years and watched as people stole things left and right. Employees were instructed to only accuse or stop someone if we physically saw an item being stolen, hence it would have to leave the building and be hidden. The catch was we weren't allowed to make it past the doors to accuse someone. CC had a few DoC cases that scared the {censored} out of the company and they were looted blind for years afterwards. I remember one case when someone walked in the store, picked up a DVD player and just walked right through the doors with it. No one flinched. WM should take you seriously, but they only will if you already have a lawyer, and he contacts them after your complaint.

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defamation of character has nothing to do with your situation, if you say that to him he will think your a retard and not do anything (he will prob laugh out loud though). just don't do business with them, and write a letter to the district office manager.

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Last time I tried to get a tire fixed at Wal-Mart (I was desperate) as we were waiting some guy told us they had forgotten to screw an oil cap back on or something and they had set his engine on fire while moving it. There was also a 4+ hour wait to have a tire changed. I would say NEVER NEVER EVER go to Wal-Mart for any type of car repair. Its not cheaper and the service is absolute dog{censored}. Take this as a lesson learned.

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Character defamation?

Please.

Lighten up Francis.:thu:

I once had a gas station lady accuse me of trying to steal gas after I pulled up and told her the pump was malfunctioning. She accused in front of 8 or nine people. I told her to buzz off and asked if I should try another pump or if she could reset the one.

Some people are just unplugged in daily life. Its not your responsibility to plug them in just write a letter to good ole Fayetteville AR and tell them the sit. they will prolly either kiss your ass or send you a 10% off coupon.

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If you're pissed and you want some sort of closure, call and then write a letter to the customer service or district manager or both.

I work at a hospital and if I had a buck for everyone who threatened me/the hospital with a lawsuit...

My respect for someone threatening lawsuits goes down immediately after the threat, though I try to filter through that to get to the real problem and affect a reasonable solution.

I think a reasonable conversation (with no threats) will be more effective, and the letter ensures that something is going to get done. Phone calls sometimes get "forgotten" specially as busy as Walmart is right now.


c

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Originally posted by dZjupp

defamation of character has nothing to do with your situation, if you say that to him he will think your a retard and not do anything (he will prob laugh out loud though). just don't do business with them, and write a letter to the district office manager.

 

 

It doesn't matter if you don't think it's a big deal (I don't think it is either)

what does matter is if he has a prima facia case

this would be a slander claim, but if my memory serves me, it's not slander per se, but slander per quod where he would need to claim special damages

it was a statement that would lower his reputation in the community, and it was "published" to a third person since he said it in front of all those people

I think the damages is where the claim would fail, unless he prove he suffered some

 

but at the end of the day, I agree, it isn't worth it

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Yeah, I am pretty sure that you have to prove damages. I once took a car to walmart for an oil change and they disconnected my air filter. My car sounded like a racecar until I stopped and looked under the hood. What a bunch of dumb{censored}s. When I complained they werent surprised, and the guy ahead of me had a problem, freaked out on them, and they just laughed at him when he left.

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Originally posted by itstartsstoppin

he started accusing me of trying to steal my own car in front of about 20 customers, then started to say he was calling the cops.

 

I would have called the cops first. Or let him call the cops and let them handle the situation.

 

I assume your driver's license matches the information on the car's registration?

 

I'm no lawyer, but I'd say that holds more water than a Wal-Mart invoice with the wrong name on it.

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