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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I am a model. I have a female photographer who has become obsessed

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I am a model. I have a female photographer who has become obsessed with me. She had only seen me 2x for 5 minutes each at a fashion show, then proceeded to tell me (among other things) I am 'the one'. I have NEVER been romantic towards her, in fact discourage her of that at every turn. She sent me 'fan mail' which included $100 because "God" told her to. I returned it. Then on my birthday I received a box of Christian-bent books and CDs along the lines of 'safe friends' and 'boundaries'. I'd asked her if she read those; she said yes once. But she obviously did not apply them. I did not ask for that box nor did I send it back. Now she is starting to show up at photoshoots she knows I will be at; the last one was in October where I let her take my pictures but signed no model release. She sent me $150 in the mail this time, telling me that "God" had told her to. And if I sign the model release she can then try to get me published.


I have been published enough, and I think this latest attempt is to have a reason to do business with me. I get 98% of my gigs through Facebook, and blocked her after she unfriended me and started harassing female models I shoot with. Somehow there is a loophole in FB where she can still harass me through my fan page, even though she's blocked from my personal page. She admitted that she can still see what I post on my personal page because she has extra profiles hidden within my personal page; this is against FB rules. However I cannot get FB to do anything about it, nor can I find contact information for them.


The woman is off-balance at the very least, drinks even though she's on anti-psychotic medicine, harasses model friends of mine, and has even gotten some photographer friends of mine to block me on facebook with no reason given. She compares me to her dead brother/family members who have all committed suicide, but still wants to be with me?


I know she is disparaging me to designers, photographers, fellow models, show promoters, etc. She will do ANYTHING to get attention from me, even negative attention. The drunken texts, the FB harassment; she never apologizes for her rants and always blames it on me even if I am nice to her. I want her not only to stop contacting me, and stop talking about me and damaging my reputation; but I also would like FB to realize the woman is crazy and to force her accounts closed since it is a violation of their terms and agreements. She already admitted to me that she obsessed over a photographers' son for 2.5 years; I don't want to be on the receiving end of her tirades or bashing me to my friends. REPUTATION is everything in this modeling world and she's doing her best to ruin it!


Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

I am sorry to hear you are being stalked in this manner

I suggest first of all that you may never be able to get through to FB absent a local attorney writing them a letter but you would have to know who she is - fakes on your page - because they are not going to ban her and if they did she could reappear as someone else.

So let's start with what you can try to control

I suggest that you write her a letter - tell her that she must immediately cease and desist all contact. And that she must immediately cease and desist telling untruths or spreading rumors about you as both behaviors are annoying, harassing, defamatory and is considered Criminal Harassment if not borderline Stalking. State that you will have no other option but to file those criminal charges and get a Restraining Order against her unless she stops immediately.

This letter needs to be mailed Certified with a Return Receipt Requested.

I suggest if you really want impact you get a local attorney to write the letter on letterhead.

If she continues with this behavior then you file a police report, have her charged and get a Restraining Order.

This will stop her and also show your associates that she is a loony bird who you needed to do this so she would stop stalking you.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated

Customer: replied 11 months ago.

I agree; figured this was the course of action. I have seen a few different types of Cease & desist letters, with the implied threat of legal action if they are not heeded.

But to get one sent from a lawyer's letterhead paper, how much would that cost me? Like $250?

If I could draft one myself, I am a very proficient writer and could make it look official. Do you have a recommendation as to a free, online template I could use?

Thank you!

Expert:  Sam replied 11 months ago.

Hello

I suggest about $250 for the letter

And there is no template.

Just start out

This is a Notice for you to Cease and Desist. And then begin to explain that the behavior is harassing, etc.

If you write it I can make suggestions on your final copy.

Customer: replied 11 months ago.

William Willet


9432 Deer Walk ct
West Chester, OH 45069


 


Debra Tope


XXXXXbr/> Reynoldsburg, OH 43068

 


November 1, 2013


 


RE: Cease and desist from harassing


 


Dear XXXXX:


 


This CEASE AND DESIST ORDER is to inform you that your persistent actions including but not limited to: XXXXX XXXXX me, verbally abusing me in private messages on facebook, contacting my fan page because I’ve blocked you from my personal page, spying on me with numerous fake facebook proviles, equating me with loved ones who have passed on, wanting me in a romantic way, harassing fellow models and photographers about me, disparaging me to others in my industry, slandering my character to others in my industry, and getting others to take actions against me when they have not even talked to me, have become unbearable. You are ORDERED TO STOP such activities immediately as they are being done in violation of the law.


 


I have the right to remain free from these activities as they constitute harassment/stalking/etc., and I will pursue any legal remedies available to me against you if these activities continue. These remedies include but are not limited to: XXXXX XXXXX enforcement to obtain criminal sanctions against you, and suing you civilly for damages I have incurred as a result of your actions.


 


Again, you must IMMEDIATELY STOP all communications having to do with me, my modeling, my character, AND my image(s) and send me written confirmation that you will stop such activities. You risk incurring some very severe legal consequences if you fail to comply with this demand.


 


This letter acts as your final warning to discontinue this unwanted conduct before I pursue legal actions against you. At this time, I am not contacting the authorities or filing civil suit against you, as I hope we can resolve this matter without authoritative involvement. I am not under any circumstances, however, waiving any legal rights I have presently, or future legal remedies against you by sending you this letter. This order acts as ONE FINAL CHANCE for you to cease your illegal activities before I exercise my rights.


 


To ensure compliance with this letter, and to halt any legal action I may take against you, I require you to fill in and sign the attached form and mail it back to me within 10 days of your receipt of this letter. Failure to do so will act as evidence of your infringement upon my legal rights, and I will immediately seek legal avenues to remedy the situation.


 


Sincerely,


 


William Willet


William Willet

Expert:  Sam replied 11 months ago.

Hello

Good.

First of all, it is not an ORDER. So I suggest that you Change all references of ORDER to NOTICE

This is NOTICE, etc.

This NOTICE is a final notice/warning whichever you prefer

I also suggest that having her sign an acknowledgement is not necessary and negates your Cease and Desist any and all contact.

When you mail it, take it to the PO and have it sent Certified Mail and tell them you want a Return Receipt Requested. That means when the letter is delivered and she signs for it the receipt will come back to you and that will be your proof that you put her on Notice, mailed it and she indeed got it. Of course, keep a copy for your records.

You need to do this so that you can show that she has been told the behavior is not appropriate, appreciated and harassing. Otherwise, she can say "Well, I had no idea that he did not like it"

Customer: replied 11 months ago.

Gotcha! thanks. it was part of a template. So she is getting put on NOTICE and take out the part of her signing anything and sending it back. otherwise one could argue that she didn't agree to the terms since she didn't send anything back.

This just shows from my end, that I've done everything I can to get her to stop without taking actual legal action through the police, courts, etc.

Thank you!
WW

Expert:  Sam replied 11 months ago.
Hello

Correct

And she does not have to agree. Only need to show she was told that she has to stop

It is about putting her on Notice. There is no option for her.
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22175
Experience: 20 years of experience practicing law.
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