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 Middlesex
Category:
State:
Multi-State
County:
Middlesex
Control #:
US-00423BG
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Word;
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FAQ
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.
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.
Cease and desist letters can be used in various legal scenarios, including: Harassment or Nuisance: In situations of harassment, stalking, or nuisance behaviour, a cease and desist letter can serve as a formal warning to the offending party to cease their actions.
How to write a Cease and Desist Letter Your information, including your name and address. Recipient's information, including their name and address. Infringement information that explains what actions you want to stop. Date of letter.
Once written, you can send a C&D via email, mail, or even in person. Sending it by certified mail is a good option because it requires a signature from the recipient, so you'll know when they receive it. Once sent, your C&D letter is effective for as long as the deadline you provide.
What to include in a cease and desist letter? To make a cease and desist letter effective, you must identify what the unlawful activity is. You must also state what the action is that you will take and the consequences if your letter is ignored and/or the recipient fails to comply.
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.
Bottom line: You can stop a collection agency from calling you by writing them a letter telling them not to call you anymore- that you're not paying the debt, and why. If they call again, then google ``FDCPA attorneys'', call one, tell them whats going on.
What is the 11 word credit loophole? The 11 word credit loophole does not exist, despite common misconceptions. If you're wondering, the phrase “Please cease and desist all calls and contact with me immediately” is often mistakenly believed to have special legal power.
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.
