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sue for false allegations

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weas | 13:19 Fri 17th Nov 2006 | Law
10 Answers
my neighbour recently made a false allegation to the police about me unaware i was not alone , can I sue in the small claims court for damages
thanks
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False allegations are more normally resolved by the Police issuing a Fixed Penalty Notice for �80 for wasting police time.
False allegations to the Police are more normally resolved by the Police issuing an �80 Fixed Penalty Notice for wasting Police time.
You could sue, but not in the small claims court - it doesn't deal with this type of case. Your neighbour needs to owe you money, and you need to have tried other means of getting it before you can start proceedings as a small claim.

Chances are that if you tried suing all you'd land up with is a large legal bill.


Question Author
police will not do any thing we have tried i am dealing with a nasty person and this time they have been caught red handed ! so i would like to sue in the small claims as i can not afford to do anything else
thanks
I don't know what has happened - I seem to have acquired another name !! However, it is not possible for you to sue in the small claims court or anywhere else - you have not suffered any loss.
You can sue for defamation. Your loss is your good name.
Question Author
Thanks for your advice everyone. Perhaps someone could tell me the time limit as I need to save up for this one!
There is no loss of good name even assuming that weas has one, which might be very difficult to prove if weas is daft enough to make shove come to push.
plus if the allegation was made to the police its hardly in the public domain, so who has weas lost their good name with? Clearly not the police, or they would have pursued a charge for whatever the false allegation was. What was it by the way?
If you do get to take it to court, bear in mind that even if it goes in your favour:

they may award nominal damages (say 1p) and leave you to pick up your large (thousands, maybe tens of thousands) legal costs.

you may never see the money anyway if the defendant can't/won't pay.

Forget it.

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