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 Order For In Maricopa
Category:
State:
Multi-State
County:
Maricopa
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
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.
How to Write a Cease and Desist Letter Step 1: Use a Professional Format. Step 2: Address the Recipient. Step 3: Clearly State the Purpose. Step 4: Describe the Behavior. Step 5: Explain Why the Behavior is Unwanted. Step 6: Demand Immediate Cessation. Step 7: Specify Consequences. Step 8: Request Confirmation.
How to Write a Cease and Desist Letter Step 1: Use a Professional Format. Step 2: Address the Recipient. Step 3: Clearly State the Purpose. Step 4: Describe the Behavior. Step 5: Explain Why the Behavior is Unwanted. Step 6: Demand Immediate Cessation. Step 7: Specify Consequences. Step 8: Request Confirmation.
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.
The Superior Court has general jurisdiction, including civil proceedings where the amount involved exceeds $10,000. For all other cases that Superior Court accepts, please visit the Clerk of Superior Court's webpage for Civil Case Filing Options and Arizona Supreme Court.
Cease and desist letters are just letters. Anyone can send a letter. But most people aren't going to take them seriously if they just come from a layperson.
The Maricopa County Justice Courts have exclusive jurisdiction over all small claims filings within Maricopa County. In the justice court you may file a Small Claims lawsuit claiming an amount UP TO AND INCLUDING, $3,500.00.
Sending your cease and desist letter Once you've written your letter, the next step is to send it via certified mail so you have a record that it has been sent. The optimal result, of course, is that the recipient of your letter stops engaging in the activity that's harmful to you.
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.
