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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55481
Experience:  Attorney with 29 years of experience.
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If an overly obsseeive person who has been told to leave you

Customer Question

If an overly obsseeive person who has been told to leave you alone and then they start texting 3rd parties about sexual liaisons that never happened. just to ruin the relationship they are in now. is this considered liable or slander. in civil court?
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Yes, this would give you a cause of action for defamation. Let me first explain what constitutes defamation. Slander and libel are so closely related and 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, ii) pay you a specified amount to compensate you for the past defamatory actions, and iii) cease and desist from making any in the future. In my experience, a strong letter is generally sufficient as the offending party will comply with your demands rather than risk the costs of a suit they are sure to lose, the actual and possibly punitive damages that may be imposed by a court, and the judgment being on the record.
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 you 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!
Expert:  Richard replied 2 years ago.
If you would like me to draft a template of a strong letter for you, I can do that for you through the Additional Services option offered by JustAnswer. If that would be helpful, let me know and I'll extend that offer and you can then decide whether or not to accept.

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