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.
Slander Without Proof In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-00423BG
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Word;
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FAQ
Litigants or parties representing themselves in court without the assistance of an attorney are known as pro se litigants. "Pro se" is Latin for "in one's own behalf." The right to appear pro se in a civil case in federal court is contained in a statute 28 U.S.C. § 1654.
To state a claim for defamation in Florida, a plaintiff must allege that (1) the defendant published or said a false statement; (2) about the plaintiff; (3) to a third party; and (4) the falsity of this statement caused injury to the plaintiff. The resulting injury can be to one's reputation or financial harm.
Small Claims court is considered a “peoples court” and a lawyer is not required. Clerk's Office personnel will provide you with the necessary forms for filing a Small Claims case. You may wish to consult with an attorney if there are complex legal issues or, you need legal advice on your rights and obligations.
A claim up to $8,000 – not including costs, interest and attorneys' fees – can be filed with the Clerk's Office as a Small Claims action, ing to Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes. A deputy clerk may be able to assist you with the filing of a small claims suit.
Answering the lawsuit can be as simple as drafting a document and writing 'admit' or 'deny' or “without knowledge” in correlation to each numbered paragraph in the summons. Your answer to the lawsuit must address every allegation individually.
The complaint is the written document that begins a lawsuit. The complaint sets out the plaintiff's claim against the defendant or defendants. The plaintiff files the complaint with the clerk. With the complaint, the plaintiff must file a civil cover sheet and summons for each defendant.
Stat. § 768.73(1)(a) (2025).) Because defamation per se causes obvious reputational harm, in some cases Florida law might award you "presumed" damages. Presumed damages typically are nominal—$1 or $100, for instance—and can be awarded even if you can't prove any economic or noneconomic losses.
Get Miami-Dade County Civil Court Records Access the Clerk's Civil, Family, And Probate Courts Online System. The system has a standard and advanced search. A standard search can be performed with a party name, local/state case number, and hearing date.
