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We received a defamation of character certified letter. A…

Customer Question
We received a defamation...

We received a defamation of character certified letter. A cease and desist. Should we be prepared for a lawsuit? The letter stated a lawsuit may be pursued if we continue to spwak about the individual, which don't plan on.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state you're in?

California

Lawyer's Assistant: Has anything been filed or reported?

Not that we know of. We received the letter last week.

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
10/9/2017
Lawyer: Gerald, Esq, Lawyer replied 8 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,247
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If you comply with the cease and desist that should be the end of it. Defamation lawsuits are difficult cases for both sides and can be expensive to bring.

Nevertheless you should try to preserve any evidence that you have that supports your defenses. To do tghat you need to know what the elements are of a defamation claim. These include the following:

1) A false statement of fact (Not opinion)

2) Made to a third party

2) That holds a person up to ridicule

3) And that causes damages (financial injury).

Please see this article for a detailed description:

https://www.nolo.com/legal-encyclopedia/defamation-libel-slander-key-elements-claim.html

Because the proof of damages can be difficult to tie to the allegedly defamatory statement to financial injury. s a result it is not a favorite suit for attorneys to bring.

If you can show any statements were truthful and or the statements were expressed as an opinion you should be okay.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 8 months ago
Thank you. It was statements made via text messages to a third party. There was a copy of those text messages within the cease and desist letter. The text sent, about the individual, was hearsay and being passed on.
Lawyer: Gerald, Esq, Lawyer replied 8 months ago

I see. You did not initiate this, so they are probably going backwards to find the source.

Most of the time these do not result in lawsuits because of the nature of these cases. Usually the person does not want the statements broadcasted even further.

So you are very likely fine. They may even ask you to be a witness if they do chase the originator of this.

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Customer reply replied 8 months ago
Ok. Yes, we were essentially passing on information to a third party that we received. The letter stated that we damaged the person's reputation and attempted to lure away business, which is unfounded. We have expressed our opinion that we were mistreated and moved to another place of business. Some others have moved also on their own accord.
Lawyer: Gerald, Esq, Lawyer replied 8 months ago

If this was a review of a business, and it expressed an OPINION as opposed to a fact you are safe. Also the costs of bringing these suits and the uncertainty of the outcomes usually leads people not to sue.

Since you are no longer posting this information, you should be OKAY.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 8 months ago
Ok thank you
Lawyer: Gerald, Esq, Lawyer replied 8 months ago

You are very welcome.

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