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I need help. I have someone who is slandering my name. Here

is her website. Do I...
I need help. I have someone who is slandering my name. Here is her website. Do I have a case?

http://daretosupportgeofftate.com/
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Answered in 14 minutes by:
9/13/2013
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 35,920
Experience: 30 years experience representing clients.
Verified
Thank you for using JustAnswer. I am Loren and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

You can sue them for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence; and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in this matter.

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

It has been my privilege to assist you. Let me know if you need further assistance.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Loren
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Customer reply replied 4 years ago


how do I go about a cease and desist letter? Do I also need to get that through a local lawyer?

Thank you, Kellie, for following up with me.

Itis probably more effective if it comes from an attorney, but here is an example you can use as a template if you want to do it yourself:

http://www.citizen.org/documents/directbuycd.pdf

I hope this is helpful.

Thank you.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 35,920
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
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Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-Loren/
          

Best wishes and good luck to you.

If it is not too much trouble, Kellie, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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