Start My Answer

What Is a Defamation Lawsuit?

Sarah Edwards | November 04, 2022

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: There are different types of defamation, including libel, slander, and defamation per se. Libel entails making untrue statements about someone in a published format, while slander only involves oral statements. If you’re being taken to court for defamation, you have defenses that can protect you in your case.

Defamation occurs when someone makes a false statement about another individual that results in some harm to the person or their reputation. The statement made can be oral or in writing. States recognize two main types of defamation: libel and slander.

Libel involves making an untrue statement about someone else in published form. The statement can be written or recorded on video or an audio tape. The defendant must share the information with a third party for the claim to succeed.

Slander occurs when someone makes a false statement about another person orally. The information must be shared with a third person and cause damage to the victim’s reputation or livelihood.

If you’re being taken to court for defamation, you are the defendant in the lawsuit, and the plaintiff is the person who claims you have defamed them. With that in mind, let’s explore different types of defamation, examples, and how you can defend yourself in a defamation case.

What is defamation per se?

Defamation per se is another variation of defamation. In a defamation per se case, the statements made are so severe that the court automatically assumes the victim suffered harm.

Statements that meet the definition of defamation per se include:

  • Accusing someone of committing a serious crime
  • Telling someone else the person has a contagious disease, like HIV
  • Telling others that the person is cheating on a spouse
  • Claiming the person is unethical at work

Even though the court automatically assumes the content of the messages was defamatory, the plaintiff must still prove that the defendant made them.

What are some examples of libel, slander, and defamation per se?

Now that we’ve established the definition of defamation and its different types, let’s walk through a few examples of each type of defamation.

Below is an example of slander:

Example: Consider a woman, Mary, who is mad at her best friend, Liz. Mary tells Liz’s husband, Sam, that she is a liar who will only cause him pain. Sam grows concerned and decides to file for divorce from Liz due to Mary’s statement. Liz may have grounds for a slander claim against Mary.


Now, let’s take a look at an example of libel.

Example: A man, Jim, is unhappy with his son’s teacher, Julia. He is a newspaper columnist and decides to write an article about his son’s school and Julia. In the article, he claims Julia doesn’t have a degree and can’t manage her classroom. The school fires Julia from her job. Julia may have a libel claim against Jim.


Finally, here’s an example of defamation per se.

Example: A woman, Beth, is angry with her boyfriend, Tony. Beth believes Tony is cheating on her. She tells Tony’s boss that Tony is a cheat and has an STD. Tony’s boss decides to fire him from his job. Tony may have a claim against Beth for defamation per se.


What do you have to prove in a defamation lawsuit?

You’ll need to prove five elements in a defamation lawsuit. They include:

  • The defendant made a false statement about someone else.
  • The defendant shared the information with a third party.
  • The defendant was either negligent or malicious in their intent.
  • The defendant made the statement in an unprivileged context.
  • The person suffered damage to their reputation as a result of the statement.

The court will dismiss the case if the plaintiff can’t prove all the elements of the defamation claim.

What are the defenses against defamation?

A defendant can use several defenses against a defamation claim.

Truth is always a defense against defamation. If the statement about the plaintiff was substantially accurate, the first element of a defamation claim isn’t met.If the statement was an opinion about someone else, there usually is no grounds for defamation.

Statements concerning matters of public interest are protected from defamation lawsuits. For instance, statements about political parties or candidates are considered privileged and can usually not be the subject of a defamation lawsuit.

If the plaintiff consents to the publication of a statement, they will not have grounds for a lawsuit.

All defamation lawsuits are subject to their state’s statute of limitations laws. If the statute of limitations expires, the court will dismiss the case.

How do defamation cases involving a public figure work?

Celebrities, politicians, and other individuals that are regularly in the public eye are often the subject of rumors and negative statements circulating in the press. While public figures may not appreciate the negative remarks made about them, they face additional requirements to win a defamation lawsuit.

Public figures must prove all the elements of a defamation case, but they must also establish that a plaintiff made a comment with actual malice.

For example, consider a famous female singer who is the subject of a rumor in the press accusing her of being a racist. The statement originates from another celebrity, who claims they saw the singer using profanity and discriminatory language with her staff.

In reality, the scene the celebrity claims they saw never happened. The celebrity made the statement to damage the singer’s reputation in hopes that she would lose her contract with her record label.

The singer might have a defamation claim since the other celebrity made the statements with intentional malice.

Key takeaways

Hopefully this article helped you understand more about what a defamation lawsuit entails. Here are some key takeaways to remember:

  • Defamation is when someone makes a false statement about someone else that causes harm to them or their reputation.
  • Libel is making an untrue statement about someone else in a publishable form, usually resulting in harm.
  • Slander is making an untrue statement about someone orally, resulting in harm.
  • Defamation per se involves accusations so severe that the court automatically assumes the victim suffered harm.
  • In order to prove someone has committed defamation, there must be evidence that they made a false statement about someone else, shared the information with a third party, were negligent or had malicious intentions, and made the statement in an unprivileged context. It must also be proved that the opposing party suffered damage to their reputation as a result of the statements.

Be careful what you say about others. It can come back to bite you. If you’re being taken to court for defamation, you have options for defenses that can help you win your case.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


Get Started


We have answers.
Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.


Ask a Question


>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.



Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.


Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court