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I have a question about a defamation suit. A former friend…

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I have a question about...
I have a question about a defamation suit. A former friend if mine keeps sending emails to people we both know calling me mental, unstable, suggesting I'm the kind of person that would cut someone's brakes, if mad. She also fabricated stories about me insulting our friend, which is totally untrue. We both work in the dog rescue seriously harms my reputation and may limit the number of people willing to work with me in the future. Do I gave enough to sue her for defamation?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
2/17/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,889
Experience: Lawyer; developer/owner of RE developments.
Verified
Good morning. You do likely have an 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.

 

Both involve the communication of false information about a person, group or entity. Libel is any defamation that can be seen....writings, printing, effigy, movie or statue. Slander, is any defamation that is spoken and heard.

 

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, you must prove 4 things: (i) the defendant 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 you); (iii) you can be identified as the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication.

 

 

I hope this has given you information that has been helpful to you. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Customer reply replied 6 years ago
Ok, but how do I prove that I did not badmouth other people like she claims I did... Its her word against mine.. Also, how do I prove I'm not "mental" or "unstable" as she calls me?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

These are always the issues with these. She is going to have the burden of proving you badmouthing. As for the mental state, you will want to get affidavits from your doctor and friends that know you. It comes down to who the judge believes. But, generally, if you send a cease and desist letter, that creates the chilling effect you need.

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Customer reply replied 6 years ago
What do you mean she will have the burden to prove I was badmouthing others? Does this letter need to be drafted by an attorney? Can I get it from this site?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

When you file the suit and claim the elements...she will have to counter your argument with evidence that what she says is true which would then be a defense. I can draft a letter for you to send for you if you want.....I'll have to post it later this afternoon, however, because I'll have to draft it during lunch.

insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,889
Experience: Lawyer; developer/owner of RE developments.
Verified
insearchoftheanswer and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 6 years ago
Ok, how much do I need to pay for the letter?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
I'll draft it and post it....then you can decide if it's worth anything to you...if you decide yes you can leave me a bonus; if not, that's up to you. :) Fair enough?
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Customer reply replied 6 years ago
Sure, thank you so much!!
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
I'll post it in a couple of hours.
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Customer reply replied 6 years ago
Ok, I will pay for your answer right now. Last question, in the letter can I deman her admiring that she fabricated the story about me bashing other rescue people?
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago

Here's your letter....

 

 

 

 

 

 

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]

 

 

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