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.
Cease And Desist Sample Letter For Collection Agency In Georgia
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Effective cease-and-desist letters include the following information: A thorough yet concise and clear description of the activity that must be stopped. The legal basis for your claim. The consequences if the recipient of the letter fails to comply. A deadline by which the activity must stop.
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.
"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.
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.
What Should You Include (and Leave Out of) a Cease and Desist Letter? Make your request in writing. Make a copy of the letter and keep it for your records. Send the letter via certified mail with a return receipt requested.
No specified method of delivery is required for a cease and desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
A cease and desist letter is a formal written request that tells a debt collector to stop contacting you. It is your right under the Fair Debt Collection Practices Act (FDCPA) to limit how debt collectors can communicate with you.
If you write a letter, instead of using the tear-off form, the debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or ...
