How to Sue for Defamation of Character

Defamation of character can include slander (spoken derogatory statements), libel (written derogatory statements) or both. To constitute actionable defamation, the statements must be false and expose a person to hatred, ridicule or contempt. You also can sue if the defamation harms you in your occupation. Follow these steps to start a legal action.

Difficulty: Moderately Challenging

Instructions

1. Understand what you need to prove to sue for defamation of character. Generally, to make a successful defamation of character claim, you must show that there was a false statement of fact, this statement was conveyed to a third party and the statement is understood to be about you and tending to harm your reputation. In the case of a public figure, actual malice must also be proved.

2. Recognize the defenses to a defamation of character suit. Truth is an absolute defense to a defamation action. A privileged statement, such as a statement made in court, is also protected. Likewise, innocent dissemination and consent to the statement being made are also defenses.

3. Gather information. Before you sue for defamation of character, you should get copies of all papers, documents or other evidence that helps establish your claim. You should also make a list of any and all witnesses to your claim who may be able to testify on your behalf.

4. Consult an attorney. You should speak with an attorney experienced in defamation of character issues for questions regarding your claim, and for advice and representation regarding how to sue for defamation of character.

5. File a complaint in state court. You will need to identify the person making the defamatory statement and lay out the factual elements of your claim. Ask for actual damages incurred as well as punitive damages. If your claim is for a small amount, you may want to consider filing in small claims court for a less costly and time-consuming process.

Tips & Warnings

• Defamation laws and court procedures can vary from state to state. An attorney experienced in defamation issues can advise you on the laws relevant to your particular claim.
• Don't delay. Like all civil actions, defamation of character suits must be brought within a certain period of time. Consult your state laws for the statute of limitations governing your case.

Who Can Help Sponsored

[4fathers]

on 2/3/2010 I NEED HELP TO FILE A DEFAMATION OF CHARACTER SUIT . MY EX KEEPS FILING FALSE PROTECTIVE ORDERS TO TRY AND PHASE ME OUT OF MY BOYS LIFE . MY BOYS LOVE ME AND I THEM ...VERY MUCH ... PLEASE HELP ....

[chris21wc]

on 12/13/2009 I work at a local dialysis clinic. Recently one of my co-workers told a patient that myself and another co-worker were homosexual. This patient has strong beliefs against homosexuals and now he has obscured visions of my co-worker and I. These patients put their lives in our hands each and everyday and now I have to deal with this. He won't even look at us much less talk to us. What should I do?

[kjayachandran]

on 11/21/2009 some anonymus e-mail with fraudulent and non-existing domain name has been published in the web. No identity revealed. The contents are false and truth is otherwise
is it a case for defamation

[mrcalvin]

on 10/31/2009 MY EX WIFE SENT MY OUT OF STATE CRIMINAL RECORD TO EMPLOYER,EMPLOYER FIRED ME AFTER WORKING THERE 4 YRS WHAT CAN I DO MY RECORD IS FROM BALTO,MD REC 15YRS OLD AND I LIVE IN PA STATE 12 YR NOW SHE DID IT BECAUSE SHE LOST CUTODY CASE.

[williecus]

on 10/11/2009 I'm a substitute teacher for the Cabot School District. Students at Middle School North accused me several times of making them pick up paper & then leering at them just for kicks. This happened three times over three years. I also noticed that on the same days prior to said incidents I noticed several girls acting suspicious, whispering to each other & and looking my way. I just wanted to be a responsible citizen & help but now I've had to deal with irresponsible students with more irresponsible parents as a result of this. My son will be in the fifth grade next year & even though we are in the area of this school I refuse to send him there next year because I don't want him to have to deal with the principle or said students. What recourse do I have in this matter?

- William