Difficulty: Moderately Challenging
Step1
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.
Step2
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.
Step3
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.
Step4
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.
Step5
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.
Comments
heistness said
on 5/27/2008 I worked for a company from its inception in the city I live, for almost 3 years (Oct. 2005 - May 2008) I decided to leave the company to pursue a better offer somewhere else and left on good terms (Supposedly) after a few weeks of leave a lot of false statements had been mentioned to various emplyees of said company and also customers (Supply Store - I was Sales Manager) I was supposed to get a Job with a good paying company which in fact was a vendor to my former employer, but now I can not and have not been contacted since I left. The reason I left was to pursue that particular job in the first place and now because of many reasons one being what is being said about me, I no longer can get this job. The company is also holding my last paycheck and refuse to release it based on other false claims that they have created. I do not know if this is a good case or not but I also dont eve
heistness said
on 5/27/2008 I worked for a company from its inception in the city I live, for almost 3 years (Oct. 2005 - May 2008) I decided to leave the company to pursue a better offer somewhere else and left on good terms (Supposedly) after a few weeks of leave a lot of false statements had been mentioned to various emplyees of said company and also customers (Supply Store - I was Sales Manager) I was supposed to get a Job with a good paying company which in fact was a vendor to my former employer, but now I can not and have not been contacted since I left. The reason I left was to pursue that particular job in the first place and now because of many reasons one being what is being said about me, I no longer can get this job. The company is also holding my last paycheck and refuse to release it based on other false claims that they have created. I do not know if this is a good case or not but I also dont eve
peralta said
on 4/23/2008 If in military can one soldier sue another?
dbird said
on 2/28/2008 my 17yr old neighbour is male and is saying that he has touched and slept with my 14yr old daughter, she is denying any such thing as taken place, he is persistant and got a friend to say that he caught them in bed together, where do i stand and what can do stop him saying these things, my daughter already suffers from the worse form of alopecia and can't take the stress of this boys accusations..please help..diane
webster61 said
on 2/23/2008 I was denied employement from a sheriff's office for a police dispatcher due to human resource manager saying that I had a police record (threw pebbles at my soon to be ex-husband vehicle-no report or charges filed) and that I tried to commit suicide (had passed out at home due to stress of divorce) nothing mentioned in police or rescue run saying anything about attempted suicide. Could this be defamation of character, requested all my background check information she obtained and nothing in there reference any of this ?