A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Sending A Cease And Desist Letter To Debt Collector In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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FAQ
The short answer is yes. If a creditor obtains a judgment against you, it can obtain a writ of execution to levy your bank account without prior notice to you. The bank account will be frozen, and you will have a period in which to respond.
The Fair Debt Collection Practices Act lays out the rules for debt collectors and states that if the creditor is told to stop contacting the debtor, they must comply. If the harassing calls and letters persist, a cease and desist letter can be sent by an attorney to formally advise the creditor to stop violating the de.
Request cease and desist: If you believe the debt is not valid or you want the debt collector to stop contacting you, send a cease and desist letter. This legally requires them to stop contacting you except for specific purposes, such as informing you of legal action they plan to take.
"This debt belongs to me." You should never acknowledge ownership of a debt during initial contact with a collector. While it may seem like a valid debt, it's important to verify that the debt is actually yours and that the debt is still legally collectible.
Sending a cease and desist letter is a good way to let the other person know that you are aware of their activities, so it's not a bad idea to send one. It just doesn't have any weight in court really, if you wanted to pursue that later on. It isn't necessary for a lawsuit, but is useful as a warning.
Statute of Limitations in Pennsylvania Pennsylvania statute of limitations for a debt collector to take someone to court, is four years after the first missed payment.
After one year has passed, such claims are barred. Similarly, a creditor may make a claim against the recipients of any real property up to one year following the date of death. See 20 PA Cons Stat § 3532.
In Pennsylvania, the statute of limitations for a debt collection is four years from the first missed payment.
Criminal statute of limitations is capped at the age of adulthood plus 32 years, ie age 50 for most. Criminal statute of limitations for adults is capped at 12 years after the offense was committed. Civil statute of limitations for adults is capped at 2 years after the offense was committed.
You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.
