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 Letter To Collection Agency In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Call or write to the collection agency asking to have the account deleted as a gesture of goodwill. The collection agency doesn't have to comply, but there's no harm in asking. You may have better luck getting a goodwill deletion if you have a history of on-time payments to 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.
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;
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.
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.
If you are writing the letter yourself, you should include the following information: Your name and contact information. Name and contact information of the person or business being asked to stop the behavior. Specifics about the activity you wish them to stop.
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.
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.
Debt Relief Calculator: - You Can Use an 11 Word Phrase to stop debt collectors in their tracks. Here's the phrase: Please cease and desist all calls and contact with me, immediately. After you stop the debt collectors, you can then understand which options you have to resolve your debt. He.
After a state-wide ballot initiative passed decisively in 2022, Arizona now has stronger protections against consumer debt collection, including from medical bills.
