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Is it considered defamation when I include third party texts and emails in a cease and desist letter?

Austin, TX |

Ex's new wife anonymously faxed damaging communication to my business partners. The fax had a fax line. I sent a cease and desist letter to the owner of the fax which happened to be ex's new wife's employer. I included copies of third party texts and emails to explain why I thought it was his employee and NOT the employer but I need it to stop or be sued. 4 months later she posted very damaging information on my work/marketing youtube video. I traced IP address to her work. I sent another cease and desist. She was fired 7 months later for attacking a coworker, but now suing me for defamation of character for contacting her employer. Also for ruining her reputation for communicating with CPS when they contacted me.

Attorney Answers 4


No. Hell hath no fury... Have a local lawyer defend and countersue. The court will get to the bottom of this nonsense.

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Without a lot more detailed information, it is not possible to answer your question. Since you now have been sued, you should immediately turn over the suit papers to your renters insurance company or your homeowners insurance company and ask them to defend the claim against you.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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I absolutely agree with Attorney Lassen. You need to hire local counsel to assist you on various fronts with the problem described. If you would like, I know an outstanding attorney in Austin who would be happy to speak with you in greater detail. My email is Good luck with an obviously very difficult situation.

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Each communication needs to be reviewed independently. Statements made to CPS during an investigation are almost assuredly protected. Statements to her employer may or may not be defamatory. And, the truth is a defense to defamation claims. There may be insurance issues involved -- may homeowners policies have defamation riders that would provide a defense to you for free. If you have been sued, you should contact an attorney. And, keep all of your records. If there is something posted on the internet by your ex, copy it now before it is removed. I would speak to an attorney about the matter ASAP if you have been sued. You do have a deadline to answer.

This post is for discussion purposes only and is not intended as legal advice. This post does not create an attorney-client relationship. If you are interested in retaining counsel, you may contact The Law Office of Daniel O'Brien, P.C. at 512-615-3580 to discuss further.

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