Colorado Cease and Desist for Defamation
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How to fill out Colorado Cease And Desist For Defamation?
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FAQ
Colorado Criminal DefamationColorado was one of the few states with a criminal defamation statute. C.R.S. 18-13-105 made it a Class 6 felony to publish a false statement that impeaches the honesty, integrity, virtue or reputation of a living person.
Colorado law defines defamation as a false or derogatory statement of fact about another person that is communicated to a third party. A defamatory statement is considered libel if it is in written form and slander if it is made in spoken form.
Specifically, Colorado's defamation per se law covers false statements that necessarily involve significant damage to a target's reputation and thus, requires no proof or pleading of economic loss or special damages.
Defamation is a civil as well as a criminal offence. Civil defamation is based on harm to a private entity, but criminal defamation is based on harm to community. The criminal law of defamation is codified, but the civil law of defamation is not.
A defamation cease and desist letter is sent to record and report false or erroneous claims that result in the defamation of character in an individual or business entity. The letter should outline the specific statements that were made and how they are affecting the reputation of the person or business.
A cease and desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop the activity.
Written defamation is called "libel," while spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming for damages.
The statute of limitations for defamation claims in Colorado is one year from the day the publication was made or when the plaintiff first discovered the statement if the plaintiff was using reasonable diligence to protect their reputation.
If a person or company is defaming you with false statements (libel/slander), use a cease and desist defamation letter to demand that they stop immediately defamation is any spoken or written statement made by a person that damages another person's reputation.
