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  • Can't slander the dead.

  • (Sorry Big_Ted if delving into legal hypotheticals around your real live situation is bothersome; let me know if you’d prefer I redact this post)

    Saying or sufficiently inferring that someone has committed a crime when they personally know they haven’t, is slanderous (depending on jurisdiction).

    As I understand it, Big_Ted is presenting a valid cheque, and the debtor is saying it’s a fake. In doing so:

    1) They’re committing fraud, as they’re knowingly misrepresenting facts in order to permanently retain for themselves money that they’ve committed via cheque to pay to another. And,

    2)They’re stating Big_Ted possesses a fake cheque and is attempting to cash it to their detriment. Then, either:

    2.1)They’re inferring Big Ted didn’t know the cheque is ‘fake’, but now that Big_Ted’s aware and still trying to cash the cheque, Big_Ted’s committing fraud.

    Or

    2.2)They’re inferring Big_Ted did know the cheque is fake and is attempting to claim on it, committing fraud.

    In both situations they’re knowingly, falsely accusing Big_Ted of a crime. Ergo, they’ve opened themselves up to a slander suit.

    Separately, and depending on the jurisdiction and personal circumstances, if they’re knowingly falsely alleging criminal conduct on part of a deceased person, the estate could sue for damages. In certain cases, the deceased’s next of kin or business partners could also sue, if the false claims expose them to damage by association or if the deceased’s reputation as an intangible asset is still financially valuable to the heirs.

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