When another party spreads lies about your character by writing untrue things or speaking falsehoods, these are forms of defamation known as libel and slander. In order to have them considered libel and slander, it must be proved that the things said or written had a detrimental effect on your business or personal reputation.
If this is occurring to you, you can write a cease-and-desist letter that orders an individual or larger entity to stop these actions. A cease and desist letter is typically used before you file a lawsuit against the party who is committing libel and slander. Depending on your knowledge and the severity of the situation, you can write your own letter or have a lawyer draft one for you.
Recording Instances Of Slander Or Libel
The first step is to create a list of the instances when the individual or entity wrote or verbally spoke the lies about you or your business. Here’s a list of details that you should include:
– Names of individuals involved
– A full description of statements that were made
– Locations
– Date of the incidents
– Obtain copies of the written statements or video clips of the lies that were spoken
Writing The Cease And Desist Letter
To write the cease-and-desist letter, it’s best to use one of the free templates that can be found online. If you’d like to write your own letter, be sure to include the names and addresses of the recipient and sender — place these at the top left of your letter. Next, create a reference line with the title “Demand to Cease and Desist.”
Include the current date on a letter and proceed to the body of the letter. You will want to request that the offending party stop making defamatory statements against you. You should describe each statement that has been made and explain how each untrue statement has negatively affected your reputation, job and business.
The last paragraph should let the offending party know that you will take legal action if they do not retract the false statements that were made against you.
The Seriousness Of The Matter
If the negative statements written or spoken about you and your business have caused you to lose your business or employment, it may be best to secure the expertise and experience of a lawyer. To prove slander and libel, you will have to show that detrimental effects have occurred such as lost wages or earnings. You can also use medical bills and doctor’s notes as proof if you have been emotionally harmed by what was said or written.
If you do hire an attorney, it’s important to have all of the facts written down so you can easily help your attorney prepare the cease and desist letter. If you decide to pursue a suit against the offender, you may choose to use the same lawyer to handle your lawsuit.
Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!