Legal Question in Credit and Debt Law in California

Our corporation had a treasurer that used funds for her family's personal bills. We chose to accept repayment out of respect for the husband and children, and have been more than lenient. But, the 3 yr limitation is almost up and we need to "demand" the remainder now and possibly take to court.

How can we word a demand letter for monies taken illegally/embezzled so as not to be charged with libel/slander? The husband said he would make sure we were paid back, so should he be named in the letter as well?

Asked on 9/25/12, 7:04 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Just saying negative things does not expose you to lible or slander (collectively called "defamation") liability. The statements must be false, they must be "published" to third parties verbally or in document form and the fact of the third party or parties receiving the false statements must cause economic harm to the person you are talking about. Then on top of that, there are many "privileges" that allow you to even make harmful false statements with impunity. So stick to the facts, true facts, only make the letter available on a "need to know" basis, and it would be very hard for you to incur any defamation liability.

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Answered on 9/25/12, 7:33 pm

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