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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45688
Experience:  Attorney with 29 years of experience.
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CAn someone who is an ex-friend of another publicly harass

Customer Question

CAn someone who is an ex-friend of another publicly harass that individual and openly call that individual crazy in front of others without consequence? I was followed by this individual when she saw me in a grocery store. She came right into my face and started calling me crazy. Then she saw me at the check out counter and said she was sorry, stated my name, I didnt respond, and she told the staff that I was crazy in a loud voice.
I have known this individual for thirty years and have felt sorry for her because she is not well mentally . I recently told her I oculd nto jhave her in my life because of her behaviors. So now she is attemtping ot publicly humiliate me. I am a psychotherapist in the community . What recourse do I have with this person?
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. You do have recourse here. 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. The letter usually resolves the issue because people hate to get sued. If you need a template for a letter, let me know.



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Customer: replied 1 year ago.

yes, please forward a template.


Thanks

Expert:  Richard replied 1 year ago.
Thanks for following up. I have attached it below....






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: 45688
Experience: Attorney with 29 years of experience.
Richard and 18 other Legal Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thanks so much for the positive rating and the generous 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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