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Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Legal

I have been placed on a do not rent list at enterprise. The

girl read in front of... Show More
girl read in front of my boyfriend and the other customers how I had rented a car had a unpaid towing fee and for illegal use of the car. It was rented in a state that I have never been to. I was picking up a rental that my insurance company was paying for while my car is being fix. No one was in and in order for me to get the car being on their list I had to pay 150 out of my pocket becasue I had to have the car for work. I was so embarrassed that I was blamed in front of everyone for something I couldn't of possibly done.
Submitted: 1 year ago.
Category: Legal
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replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Based on your facts, it appears that you were the victim of Defamation.
From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.
1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.
In order to win a defamation case, you must prove the following:
1. A false statement was made about an individual, generally yourself;
2. The statement was made to a third party;
3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
4. Finally, you must show that you have suffered damages.
While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.
The law generally recognizes four types of Defamation Per Se:
1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.
2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.
3. The third category deals with allegations of sexual deviance or the lack of being a virgin.
4. Finally, damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.
In the non-business setting, where is it not your business which has been defamed, most cases involving defamation can be appropriately handled in your local small claims court. Filing your lawsuit is easy, and your case will typically be heard in 30 to 60 days.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug