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 Template For Debt Collectors In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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FAQ
Its called a verification of debt letter. write to them and ask for verification of debt (preferably itemized). send it by certified mail with return receipt (where they attach a little postcard to the back and stamp it when it gets delivered). they have 30 days to reply with proof.
A debt validation letter is a document from a debt collector providing information about a debt you may owe. Collection agencies are required by law to provide validation notices and give you time to dispute the debt.
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.
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 Creditor: Please provide me with verification of the debt which you state I owe. Please provide me with any records which are in your possession, including, but not limited to, all statements of each account, invoices, and any other documentation which I may have signed.
Dear Creditor: Please provide me with verification of the debt which you state I owe. Please provide me with any records which are in your possession, including, but not limited to, all statements of each account, invoices, and any other documentation which I may have signed.
Sending a cease and desist letter is a good way to let the other person know that you are aware of their activities, so it's not a bad idea to send one. It just doesn't have any weight in court really, if you wanted to pursue that later on. It isn't necessary for a lawsuit, but is useful as a warning.
In a Nutshell A 609 letter is a tool that helps you request information about items on your credit report and address errors. It's named after Section 609 of the Fair Credit Reporting Act (FCRA), which allows consumers to access all data used to calculate their credit score.
"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.
Anyone can write a cease and desist letter without an attorney. You could write such a letter yourself requesting that certain actions stop. However, this kind of letter is not law (in Florida or any state), and it carries less impact when it comes from an individual versus a lawyer.
