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Letter of Demand

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Beth8113

Junior Member
What is the name of your state? Calif

I'm filing a small claims suit for Defamation/Slander per se. In reading over the information it states I should offer a "Letter of Demand" before filing. However, in a defamation case I'm not sure what I should demand. It's not like the person owes me $$ so I can just as them to pay or to return an item. The only thing I can ask is for them to stop making slanderous statements about me but that doesn't make sense to do that.

Any suggestions?
 


Beth8113

Junior Member
Well, in a suit where someone owes you money.. they pay up .. then it's over. In a suit where someone needs to return property... they return it... it's over. These examples are very concrete.

But in defamation...how do you know someone isn't still saying slanderous statements behind your back. In my case, this has been going on for a year and it isn't until now that I got fed up with it AND I FINALLY got someone to put all her statements in writing and come to court to testify against her.

If I send a Letter of Demand to this person.. I was thinking.. should I ask her to write a letter to the organization with a retraction?
 
I've been in small claims in LA county and never heard of this "letter of demand". I'm assuming that it's some type of settlement offer? If so, ask for a written apology + $$$.
 

Beth8113

Junior Member
I would think the courts would want a "Letter of Demand" so you can show you tried to resolve the problem before going to court.

I thought about an apology letter as well adding on the $$ part I just want to be sure I handle it properly and professionally and do what the "norm" is. I dont' really like my indea I stated in the previous post of a letter of retraction because it almost draws more attention to her comments and if there were people who didn't hear them they certrainly would be asking more questions.

I'd like to keep this between me and the "defendant"

I was hoping to find someone on here that's done this before and I could learn from their experience.
 

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