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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46518
Experience:  Attorney with 29 years of experience.
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sensitive matter but i must address, a family member (sister

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sensitive matter but i must address, a family member (sister who has resented me from childhood, we are now mid/later life has made a staement to another close family member of mine that is damageing, completley untrue and manufactured. She has been distant from our family since she married 40 years ago right after our mother died. Father recently (7 years) died so she no longer has to be accountible to him on such a matter. I could go into details as to why she is likly doing this, however unimportant as it is not true in any way. PROBLEM the other sibbling to whom I have been close to all of my life raised this with me (she is at odds with him too) as though I KNOW IT IS NOW IN HIS MIND is there any small chance there could be any truth to this. The question now created in his mind in itself (for me) is damageing to me. I cannot just let her get away with it. For me to leave it alone would look like it is true. SHE and her husband have always been very removed, will never answer any email or call when you try to confront them, her. YES it is embarresesing TO ADRESS THIS AND DEGRADES EVERYONE. I would pay an attorney to fix it, In fact I emaled her and stated if you believe this, make the charge, (45 years later) , we will both take lie detector test. She of course does not respond. I know your first question is am I sure it was said, are these the real facts, yes or for your consideration consider these are the correct facts. Is this defimation or, and slander and since she will not in anyway communicate to correct this can I take a legal course of action to make her answer to it. Thanks, XXXXX XXXXX to leave our family name
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. It is likely you have a cause of action for defamation. Let me explain what defamation is and then you can make the determination whether or not it is something you wish to pursue. I
am going to provide you information on both slander and libel since they are so
closely related and so often confused with each other. They are civil injuries
that harm reputation, cause a reduction in respect, regard or confidence, or
cause disparaging, hostile or disagreeable opinions or feelings against an
individual or entity. The laws regarding libel and slander are the same. To
prevail in a defamation suit for libel or slander and recover damages, a person
("Person A") must prove 4 things: (i) another person ("Person B") conveyed a
defamatory message they knew or should have known to be false; (ii) the
material was published (i.e., conveyed to someone other than Person A); (iii)
Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication.
Typically, before actually filing the suit, you would send them a letter detailing the situation and demanding that they: i) retract all prior defamatory statements made, and ii) cease and desist from making any in the future.




Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.


THANK YOU/JUST TWO QUESTIONS, WHEN YOU mention (the material was published) does just the verbal accusation (from person B the accuser) to another person qualify as published, and the term suffered an injury, well if this leaves a question (even a small one) in the mind of the person that was told the non/truth does this suffice as damage. Yes I will have a lawyer send a letter to attempt to correct this (which I doubt they will respond to) but I would like to know the answers to the two questions mentioned above in the event I have to consider furthur action at that point. Thanks for your help.

Expert:  Richard replied 1 year ago.
Thanks so much for replying. Yes...that qualifies as published. And, yes, this suffices as damage. If you would like a template for the letter, let me know and I'll be happy to provide you one. :)
Customer: replied 1 year ago.


yes, if by a template you mean a summary of the total communication I would appreciate this as it would help me to be able to present this to an attorney for some orientation in my initial contact. Thanks

Expert:  Richard replied 1 year ago.
Thanks for following up. What I meant by a template is a form of the letter that you would want to send. I'm sorry for the confusion. You can simply provide the lawyer everything in this thread.
Customer: replied 1 year ago.

Can I give this some thought, what would be the cost and can you provide me with an example letter or is this asking to much? I would like to fix this easily but I think a letter from a lawyer in our local area may be taken more seriously?

Expert:  Richard replied 1 year ago.
I agree that a letter from a lawyer is more potent. I wasn't planning on charging you any additional amount for the letter form. I'll be happy to just provide it for you. I have provided it below for you. :)







Date
_________________
_________________
_________________

Re: Notice to Cease and Desist Defamation
Dear _______________:
The purpose of this letter to is to put you on notice of potential legal action against you for the unwarranted and defamatory attacks and lies made by you in an attempt to ruin and damage my reputation. Your baseless and unwarranted actions and accusations have damaged my business reputation and caused serious and irreparable injury to both my reputation and my business. I will not stand by and allow this misconduct to continue.
I hereby demand that you immediately: i) retract any and all defamatory and disparaging remarks about me made by you; and ii) cease and desist in publishing or stating any defamatory statements about me.
I am not in any way attempting to restrict legitimate free speech, but your activities unlawfully encroach upon both my business and my reputation. This letter puts you on formal notice that should you refuse to comply with my demands immediately, I will have no choice but to pursue all legal causes of action, including the filing of a lawsuit, to protect my interests. I will pursue both actual and punitive damages plus attorneys’ fees and costs incurred as a result of your actions.
This is a very serious matter that requires your immediate attention. I have no sense of humor about your actions. This letter is the only one you will receive and the only chance you have to resolve this matter amicably.
Sincerely,

[Your Name]


Richard, Attorney
Category: Legal
Satisfied Customers: 46518
Experience: Attorney with 29 years of experience.
Richard and 6 other Legal Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thanks so much for the positive rating and bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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