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I wrote to you about my sister-in-law and gifted funds and whether or not I have to return them. My sister-in-law has taken her games out of the house and posted what we deem to be slander/defamation of character against my wife on a public face book page seen by 10's of thousands of people. My wife and I felt the best thing to do is not reply on this forum.
What legal recourse do we have if any? My wife is her only sister.
FB Page: * Heart Touching Fun * Sisters Week Posting Response below.
Hi, my name is XXXXX XXXXX I will be glad to assist you,
I am sorry that your sister in law is giving you such grief. Defamatory statements are not only disturbing, but they are really destructive. You have legal recourse, however. Your sister in law should be sued for slander (the spoken word), libel (the written word) and for defamation of character. In order to prevail in such an action, the Plaintiff must prove the four elements of a defamation of character action which are the following:
1. The Defendant made false and defamatory statements against the Plaintiff;
2. The Defendant knew the statements were false, or made in reckless disregard of the truth;
3. The Defendant "Published" these defamatory statements and by Published is meant that they were made to a third person; and
4. The Plaintiff suffered damages to name and reputation in the community.
A demand for an injunction would also be part of the action so that the Judge would Order theDefendant to immediately cease and desist making those statements and not to make any such statements in the future and if she continues she will be subject to additional damages as well as being in Contempt of Court for violating the Court Order to cease and desist,
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