You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
A defamatory statement must be an assertion of fact, not an opinion. For example, if your boss says that you are not a very nice person, then that statement is likely to be an opinion. On the other hand, if your boss says you have been stealing from the company, that is a statement of fact, not opinion.
To succeed in a defamation lawsuit, you must prove: False Statement: The statement was false and defamatory. Publication: The statement was communicated to a third party. Injury: The statement caused harm to your reputation or personal well-being.
Defamation involves false statements that harm an individual's reputation. In Georgia, you can sue for defamation if you can prove that false statements were made with intent to harm your reputation.
A cease and desist letter for defamation in Georgia demands the recipient stop making false, damaging statements. It includes legal grounds for the defamation and may threaten legal action if the criminal behavior isn't stopped.
This letter is an opportunity for you to: describe the statement, including why it's false. discuss the harm (financial and otherwise) you've suffered because of the defamatory statement. demand a certain dollar amount to resolve the matter (giving the defamer a chance to settle before you take the matter to court).
Be truthful. If your statements are true, they are not defamatory. For this reason, refrain from making any statements that you are not prepared to back up and substantiate if you are sued.
Cease and desist letter relating to defamation You may decide to employ a cease and desist letter if an individual or company is making false statements that are damaging you and/or your business. This may include written or spoken false statements. Your letter may be important evidence in future legal proceedings.
Defamation involves false statements that harm an individual's reputation. In Georgia, you can sue for defamation if you can prove that false statements were made with intent to harm your reputation.