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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46878
Experience:  Attorney with 29 years of experience.
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someone has written an email and text with false allegations

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someone has written an email and text with false allegations about me. both have caused great emotional suffering, damage to my reputation, damage to my relationships. her last text stated that "i've been harassing her and her brother for a long time now". her brother is willing to refute this statement as well as her prior statements in her email to me and about me. he is currently lying in a hospital bed with an amputated leg and has been begging for me to visit him. hospital staff can attest to this. however i feel at this point i need to protect myself from his sister before i continue to have a relationship with this person even though it breaks my heart to tell him i cannot visit him. the hospital says they will let me because he asks for me all the time but i feel that now that his sister has written false allegations about me more than once i have to protect myself from a legal standpoint. also, i am not sure i can trust what is being said between sister and brother since he has been hurtful, dishonest, verbally and emotionally abusive to me in the past which, along with his sister's impact on him, is part of the reason i broke up with him. but i do love him and he is my friend and i want to be there for him through this difficult time as he is literally begging me to. he still proclaims that he wants to marry me and with his sister's involvement i just feel she is causing so much damage.1 but my first priority is whether or not i can take legal action against her and therefore prevent her from doing it again and then 2 how do i visit my friend while protecting myself since i do not trust either of them at this point because when he doesn't get what he wants he says very bad things to me and about me and misrepresents me and i cannot agree to be his girlfriend again as he insists on calling me but want to be there for him as a friend. he lost his leg! and i met him when i was 11 years old! and everyday he gets more and more upset that i'm not there for him. what do i do? how can i protect myself legally and visit him and how do i make retribution to his sister who has caused the break up of our relationship and a great deal of emotional pain and suffering to me as well as anxiety about the damage she may be doing to my reputation. i am diagnosed with anxiety orders and chronic stress and she is affecting my health at this point
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Hi! My name is XXXXX XXXXX I look forward to helping you!

You do have a cause of action against her. Based on your facts, your situation satisfies all the elements of a defamation cause of action. 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.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Richard, Attorney
Category: Legal
Satisfied Customers: 46878
Experience: Attorney with 29 years of experience.
Richard and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

thank you. i would like the template letter and perhaps it could be with a legal header in order for this woman to take it seriously because she has been a problem and source of anguish for me and does not take anything seriously and refuses to cooperate when i have asked her kindly to retract her statements. also do you have some sort of form letter that will allow my friend to refute her comments, at least the statements in her most recent text stating that "i am harassing her and her brother for a long time"? he is willing to sign and refute her statements and has been begging me to visit him in the hospital but i feel cautious without something in writing even though i feel horrible about not seeing him because of her false allegations and continued psychological games.he lost his leg on saturday! its traumatic and i want to be there for him. she is in florida and has not come up and he is alone. is there any legal paperwork you could provide me with that i can bring to the hospital tomorrow to have signed and witnessed by i guess hospital staff so i can visit him tomorrow? at least to cover me on the harassment allegation?

Expert:  Richard replied 1 year ago.
You're welcome...it's my pleasure. I have provided you a template for the letter below. Unfortunately, under my terms of service with JustAnswer, I'm only allowed to give you a template; I am not allowed to send anything on my letterhead. I have also provided you a form for an Affidavit for you to use for the statement you are seeking. :)





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 continuing unwarranted and defamatory attacks and lies made by you to a multitude of my social and professional contacts lies 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]





TexasLawHelp.org Sworn Statement-1-Affidavit
Last Update: 6-16-05 Page 1 of 5
[FILL OUT cause number and heading information EXACTLY as it is written on the Petition]
NO. ____________________

§
§
§
§
§

AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF _________________________________________________
[PRINT the name of the county where this statement is being notarized.]

BEFORE ME, the undersigned authority, on this day personally appeared
_________________________________________________________________________, who
[PRINT the first and last names of the person who will sign this statement.]

swore or affirmed to tell truth, and stated as follows:
"My name is ____________________________________________________________.
[PRINT the first and last names of the person who will sign this statement.]

I am of sound mind and capable of making this sworn statement. I have personal knowledge of
the facts written in this statement. I understand that if I lie in this statement I may be held
criminally responsible. This statement is true.


_______________________________________________________________
_______________________________________________________________
________________________________________________________________.

[The person who has personal knowledge of this statement must sign it.
DO NOT SIGN this statement until you are in front of a notary.]







State of ___________
County of ____________________________________________
[name of county where statement is notarized.]

SWORN to and SUBSCRIBED before me, the undersigned authority, on
the _______ day of _______________________________________________, ______________ year, by

_____________________________________________________________________________________.
[PRINT the first and last names of the person who is signing this affidavit.]


________________________________________
Notary Public, State of _________ [Notary’s signature.]





[Notary’s seal must be included.]


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Richard
Richard
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Attorney with 29 years of experience.