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.
Send A Cease And Desist Letter To Collection Agency In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Giving personal information. This just gives the collection agency information about property, wages, and financial accounts to seize if it obtains a judgment against you.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
The 7-in-7 rule, established by the Consumer Financial Protection Bureau (CFPB) in 2021, limits how often debt collectors can contact you by phone. Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt.
"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.
How do I deliver a Cease and Desist Letter? Delivering the letter in person and obtain an Affidavit of Service. Hiring a process server to deliver the letter on your behalf (they will provide an Affidavit of Service or its equivalent upon delivery) Sending a copy of the letter to your attorney, if you have one.
A cease and desist letter/notice is typically sent prior to any action being taken, placing the party on notice that IF they do not stop, legal action will be taken. Of course, there needs to be a legal basis to support it. If this owner has no basis to get you to stop, nothing would be ordered or done by the court.
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.
Here's a step-by-step guide that outlines the actions a business should take before moving forward with a collection agency. Contact the Debtor. Send a Demand Letter. Consider Negotiation. Hire a Collection Agency. Provide Documentation. Monitor Progress. Consider Legal Action.
A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.
Risks Of Ignoring A Cease And Desist Legal action can result in court orders, financial damages, or penalties, depending on the nature of the violation. Non-compliance with the demands outlined in the letter might also escalate the dispute, leading to increased legal fees and a prolonged resolution process.
