North Carolina Complaint for Damages and Declaratory Judgment - Publication of false statements

State:
Multi-State
Control #:
US-CMP-10060
Format:
Word; 
Rich Text
Instant download

Description

This form is a complaint for interference with a business relationship. It is broadly worded enough to be used in many situations, but will need to be adapted to your own set of facts and circumstances. Because this is a generic form, efforts must be made to comply with your state's pleading rules.
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FAQ

A claim for defamation requires you to prove that: (1) a false and defamatory statement was made; (2) the statement was about you; (3) the statement was ?published? to a third party (someone other than you and your spouse); and (4) the statement resulted in damages to your reputation.

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...

For North Carolina defamation plaintiffs to succeed in their libel or slander lawsuit, they must prove the following four (4) elements: False statement of fact; Cause of injury to the plaintiff's reputation; Of and concerning the plaintiff; Published to a third person. Cooper, 153 N.C. App. 25 (2002).

Slander is a false oral statement that damages the reputation of another person or business, resulting in economic and personal loss. For example, while making a speech at a town hall meeting, a politician accuses her rival of committing a crime, when, in reality, no crime has been committed.

North Carolina courts recognize a number of privileges and defenses in the context of defamation actions, including substantial truth, the opinion and fair comment privileges, and the fair report privilege. The status of the wire service defense and the the neutral reportage privilege is unsettled.

A claim for defamation requires you to prove that: (1) a false and defamatory statement was made; (2) the statement was about you; (3) the statement was ?published? to a third party (someone other than you and your spouse); and (4) the statement resulted in damages to your reputation.

If there is no agreement, the winning party can begin the collections process. The clerk of superior court will record the judgment, and interest will begin to accrue if it is not paid.

Defamation, in North Carolina law, is any statement that damages the reputation of another individual or party. There are two types of defamation recognized in North Carolina: Libel: False statements in written or digital form. Slander: False statements in spoken form.

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North Carolina Complaint for Damages and Declaratory Judgment - Publication of false statements