Mississippi Notice or Demand for Retraction Regarding Libelous Publication and Apology - Defamation of Character

State:
Multi-State
Control #:
US-00989BG
Format:
Word; 
Rich Text
Instant download

Description

A retraction is the withdrawal of defamatory statements previously made. A notice or demand for retraction that is made pursuant to a statute must conform to the requirements of the statute. Generally, a notice should indicate to the publisher the words expected to be retracted and furnish an opportunity to publish a retraction. This notice also contains a demand for an apology.

How to fill out Notice Or Demand For Retraction Regarding Libelous Publication And Apology - Defamation Of Character?

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FAQ

I am writing because you recently made defamatory statements about [me] [my company] [my company and me]. I ask that you immediately retract these statements. On [date], you [summarize what recipient did that is defamatory.

In a defamation case, as with most personal injury (PI) claims, settlement negotiations usually start with a demand letter. In the simplest terms, a demand letter is a letter that explains why the party who injured you?we'll call them the defendant?should settle the case before trial.

Generally speaking, to be effective, a retraction must be a "frank and full" withdrawal of the defamatory accusation. Merely stating that the subject of the statement denies the accusation is not enough, nor is a weak, grudging, or half-hearted correction.

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 ...

A defamation retraction letter is a formal document sent to an individual who has published false and damaging statements about you. The purpose of the letter is to demand that the individual retract their statements and to warn them of the legal consequences of the continued defamation and unlawful conduct.

You must include the name and address of the person you're suing, a written demonstration of the defamatory statement, and the amount of time the person has to respond to your letter. In addition, the letter must include the signature of your legal counsel and be sent certified mail with return receipt requested.

An example is ?Tom Smith stole money from his employer.? If this is untrue and if making the statement damages Tom's reputation or ability to work, it is defamation.

Slander and libel Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering. Also give the recipient a deadline by which they must retract their statements before you will need to take legal action.

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Mississippi Notice or Demand for Retraction Regarding Libelous Publication and Apology - Defamation of Character