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 Cuyahoga
Category:
State:
Multi-State
County:
Cuyahoga
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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FAQ
Ohio's statute of limitations is six years no matter the type of debt. And the six years is counted from the date a debt became overdue or when you last made a payment, whichever was more recent. If the timeframe is more than six years, a creditor cannot sue to collect the debt.
DEBT COLLECTORS CANNOT: contact you at unreasonable places or times (such as before AM or after PM local time); use or threaten to use violence or criminal means to harm you, your reputation or your property; use obscene or profane language;
If you don't believe you owe the debt, you can dispute it with the debt collector and the credit reporting company. If you dispute the debt in writing within 30 days of receiving information about the debt from the collector, then the debt collector must send you verification of the debt.
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.
Your letter should identify each item you dispute, state the facts, explain why you dispute the information, and ask that the business that supplied the information take action to have it removed or corrected. You may want to enclose a copy of your report with the item(s) in question circled.
Dear Sir/Madam: I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it.
Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.
``TO WHOM IT MAY CONCERN: This letter serves to inform you that I dispute the validity of this debt. I expect, as a result of my informing you of this dispute, that I will be mailed a copy of verification of this debt. I also request that you provide the name and address of the original creditor.
Have an attorney write a letter for you, demanding removal of the account. This often works even for unpaid collections. File a CFPB complaint against the collector, and demand more information about the account, through that complaint. This can be a very effective tactic.
