A cease and desist letter may be used at any time to request that activities be stopped that are violating your rights or, if you are an attorney, the rights of your client. This help guide will assist you in completing your letter and in understanding how to use it to your greatest advantage.
Begin by selecting the type of cease and desist letter you want to send. This depends on the type of activities that you are seeking to stop. If none of the options fit your situation, then you will need a "General cease and desist." For instance, this would be your selection if you are trying to stop someone from spreading defamatory remarks, slander, or libel.
Next, select who is sending the letter. This cease and desist letter may be sent from either the aggrieved party or the aggrieved party's attorney. The perspective of the letter will automatically adjust accordingly. In the event that the sender is an attorney, the letter will direct the recipient to forward the letter to his or her attorney, if also represented, and to direct all communications regarding the matter to the sender's law firm.
In this section, you can quickly enter the sender's and recipient's address and relevant contact details. The recipient may be either an individual or a business entity.
Depending on the type of letter you select, you will be asked for specific details regarding the activity or activities you are trying to stop.
The form builder will ask you whether you want to include a cease and desist agreement. This is a short agreement whereby the recipient agrees to comply with your cease and desist demand. In exchange for the recipient ceasing the offending activities, the sender agrees to not pursue any legal action. You will indicate how many days the recipient has to sign and return the agreement. If the sender plans on pursuing legal action regardless of whether the recipient complies with the letter, then you should not include this agreement.
Note that if you select a debt collection letter type, then you will not have the option to include this agreement because it is not necessary. Once the debt collector receives the cease and desist letter, federal law prevents any further contact except to tell you that it is in fact ceasing communication efforts or that it is filing a collections suit.
Before sending the letter, be sure to read it thoroughly so that you understand its contents. You may attach any relevant documents you feel are necessary or that show evidence of the offending activities you are trying to stop. For instance, if you select a trademark infringement letter type, you could include reports of the infringing trademark causing consumer confusion. It is best to send the letter via certified mail, return receipt requested, so that you have evidence that you did in fact send the letter.
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