What is defamation and what are the two types?
Defamation is a false statement of fact published to a third party that harms your reputation. Libel is written defamation (social media posts, articles, emails); slander is spoken defamation. Both are actionable in state civil court.
Do I need a lawyer to file a defamation lawsuit?
No. You can file a defamation lawsuit yourself in your county's civil court by submitting a Civil Complaint form and paying the filing fee. For smaller damages, small claims court is even simpler.
What do I have to prove to win a defamation case?
You must prove the statement was false, stated as fact (not opinion), published to at least one other person, and caused you measurable harm such as lost business, job loss, or documented emotional distress.
What is the statute of limitations for defamation?
Most states give you 1–2 years from publication to file. California is 1 year (CCP § 340(c)), New York is 1 year, Texas is 1 year — check your state court's self-help site immediately after you discover the statement.
What evidence do I need to file a defamation claim?
Preserve screenshots with timestamps and URLs, save any printed materials, collect witness statements from people who saw or heard the statement, and document specific financial losses or professional harm caused by the statement.
Is a negative online review considered defamation?
A negative review is defamation only if it states false facts — not mere opinions. 'This contractor stole from me' (false fact) can be defamatory; 'I hated the service' (opinion) is protected speech and cannot support a lawsuit.
How do I send a cease and desist letter for defamation?
Write a letter identifying the defamatory statement, explaining why it is false, demanding retraction and removal, and stating you will file suit if they refuse. Send it via certified mail to create a paper trail before filing in court.
Can I sue for defamation in small claims court?
Yes, if your documented damages fall within your state's small claims limit (usually $5,000–$12,500). Use your state's small claims complaint form (e.g., California SC-100, New York CIV-GP-1) and attach your evidence.
What if the defamatory content is online — how do I get it removed?
Send a written takedown request to the platform citing their Terms of Service. For search results, submit a legal removal request directly to Google. These steps can be done before or alongside a court filing.
What damages can I recover in a defamation lawsuit?
You can recover actual damages (lost income, business losses), general damages (reputational harm), and in cases of malicious intent, punitive damages. Document every financial loss with receipts, contracts, and communications.
What is the difference between defamation per se and defamation per quod?
Defamation per se involves statements so harmful (accusing someone of a crime, a loathsome disease, or professional misconduct) that damages are presumed — you don't have to prove specific loss. Defamation per quod requires proving actual damages.
Can I file a defamation claim if the person is anonymous online?
Yes. You can file a John Doe lawsuit, then serve a subpoena on the platform or internet provider to identify the poster. Many state courts have John Doe procedures — your state court's self-help center has the correct forms.
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