Cease Desist Letter
In its simplest definition, a cease and desist letter is a method of communicating to a person your request regarding the discontinuation of any of their action or activity that is harassing you or infringing your rights in any way. It will also tell the other party involved that you will give them a certain amount of time to voluntarily stop the stunt before you seek to take legal action against them. You may also see application letter examples.
The formal letter will help you appeal to the party who is the source of the offensive or illicit act in a way that is harmless yet firm. A cease and desist can thoroughly describe the nature of the activity and make its recipient understand why it is already disrespectful toward you.
You wouldn’t need a lawyer for creating a cease and desist letter. Attached along with this article are templates and samples you can use as a guide to create your own.
However, if you have reached the point where you will want to file for a cease and desist order, you will have to appeal for court action and leave the matter into their own hands. This step will be taken if the cease and desist letter’s sender does not receive a positive feedback or a change of attitude from the doer of the action. You may also like business proposal letter examples.
Although they are not limited to them, these letters are often sent for intellectual property issues.
The holder of the copyrighted work or trademark may choose to send a cease and desist letter to inform a third party about his identity, and his intention of enforcing his rights toward the intellectual material if the other person will not refrain from utilizing it without his permission. These letters often pave the way for licensing negotiations or litigation, depending on the way the third party reacts. You may also check out simple resignation letter examples.
Copyright law protects any material that contains a creative element, whether it is in the form of a literature, film, music, or art. The work must be published so that the owner or creator of it can legally own the property. Otherwise, it will not be considered as an infringement since there have been no legal rights established beforehand. You might be interested in business reference letter examples.
Trademark products or services may also be copyrighted. Any brand, attractive logo, number, phrase, word, shape, picture, even movement, or a combination of these things that an individual or organization already own that is used without consent by another party will be considered as theft and is punishable by law. However, if you don’t want to include into the equation any legal action, a cease and desist letter may help you settle this dispute.
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Here are also other situations where a cease and desist letter can be used:
1. Personal harassment
Harassment comes in many forms. You don’t have to go home with a body full of bruises before you consider a person’s maltreatment toward you harassment. Even incessant phone calls or negative comments toward you or your business is already considered harassment. You may also see email cover letter examples.
However, before you send a cease and desist letter to the person to tell him to stop such acts, you must first use other means to communicate to him about it. If he doesn’t listen, you can then send a cease and desist letter as a last resort. It would also be best for you if you try to document the instances of harassment in case you will need it for evidence under the court of law. You may also like notice letter examples.
2. Collections agency harassment
Even if you have an existing debt, it is still within your right to appeal for legal help if you are feeling harassed by the collection agent, since you are protected by law against such situations. Activities such as constant phone calls, especially at unlikely hours of the day, profane language, visiting you in your workplace or anywhere public are some of the things that collection agents are not allowed to do. You may also check out complaint letter examples.
By rule, they are to send you professional reminders, perhaps in the form of a letter or an professional email, about your current debt and warning you about the legal consequences of not paying for it. They are not allowed to demean or embarrass you in any way. If you are the victim of a situation such as this, you can use a cease and desist letter to appeal to the agency.
However, the other party may choose to pursue other legal options if you do so. But if you don’t own the debt or if the statute of limitations have expired, then your case is strong.
3. Breach of contract
Contracts are legalized and strengthened by the court of law itself, which means that if the person you have made the general contract with, or a third party is interfering with it, you may choose to send a cease and desist letter to tell them to stop the activity. If they don’t listen, appeal to the court of law and you may receive hefty rewards for it since the infraction of a legally made contract is a serious offense.
4. Libel or slander
Word of mouth has proven itself to be a dangerous weapon especially to public figures. If you are being subjected to false statements—written or orally published—that may be damaging to your reputation, you can send a cease and desist letter to the party involved. You should explain in your official letter why his utterances are already harmful to you.
The damages that the person may have caused can include financial deficit, loss of a job or business, emotional distress, and even public humiliation.
5. Property intrusion
This is often an issue especially with neighbors whose properties overlap, or are in extremely close proximity with one another. However, since you are neighbors, it would probably not be for the best if your first response is a cease and desist letter. You might be interested in cover letter examples.
First try to talk to the other person informally to try to resolve your issues and maintain a friendly relationship with him. If he shows no sign of changing his behavior, a cease and desist letter will be effective in reminding him that you are serious about having something done regarding the property encroachment. He will then have to do something about the issue or face expensive legal fees and try to defend his actions in court. You may also see appointment letter examples.
Cease and Desist Letter Sample Guide
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Elements of a Basic Cease and Desist Letter
1. Recipient
The recipient of your professional letter is the third party who has done you wrong, so to speak. The name of the individual or the establishment should be clear in your letter. You should be able to recognize exactly who is responsible for the actions.
2. Sender
You need to make it clear that the unlawful acts were committed toward you.
3. The behavior or activity done
You should make it clear to your letter’s receiver and to whoever may read it in the future the actions that were perpetrated. You should also make everyone understand the amount of damage that the deeds have caused you.
Otherwise, your cease and desist letter will be weak, and even the court may not take your side if they see that your complaints and arguments are not very convincing. Your letter’s receiver may not be persuaded to stop the act if you cannot explain fully the situation at hand. You may also see thank-you letter examples.
4. Date
Your letter should contain the date when it was written.
Writing a cease and desist letter is not a matter to be taken lightly. Sending one to a third party under the wrong circumstances will cause you more trouble than gain. The party receiving your letter can sue you if they can prove that your allegations are false. Which is why despite the fact that a cease and desist letter can save you from further damages caused by someone’s actions, you must still be careful in using it. You may also like employee reference letter samples.
What to Do after Receiving a Cease and Desist Letter
If you are the third party who is professed to have been causing harm and you have received a letter about it, here are a few options you can choose from:
1. You can simply agree to the desires of the letter’s sender and stop whatever action they are complaining about. This can save you a whole lot of time and money since you are choosing the peaceful way. You can also pacify the issues between you and the other person and choose to be the bigger man by initiating order by apologizing for your behavior. You may also check out acknowledgement letter examples & samples.
2. You can also respond to the letter with a refusal and a request for more information. This is applicable for cases where you know you have done nothing wrong. If so, ask the sender for more details about the so-called harassment that you have caused against them and if you find their explanation questionable, perhaps it is your turn to do the complaining. You might be interested in two weeks notice letter examples.
3. You can ignore the letter and wait for what will happen. (Clue: nothing good.)
If you receive a cease and desist letter, the best approach would be a calm and formal discussion of it. There is no need for legal action as long as you and the other party involved are both willing to settle the issue yourselves. If the matter can indeed be resolved by talking about it and compromising, then the problem can be put to sleep. Otherwise, both of you will be facing legal action and that’s just messy for everyone. You may also see temporary job resignation letter examples.
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The Consequences of Not Using a Cease and Desist Letter
When we are held at a disadvantage, we can’t simply sit and watch as it damage us and our reputations, especially if we know that we have done nothing wrong to be treated as such. Fortunately, the court and the law is on our side and we can always ask for help from them. You may also see business proposal cover letter examples.
If you do not use a cease and desist letter to appeal to a third party about his misconduct that is gravely affecting you, the behavior may not stop.
However, if you send one, you can firmly express the message that you are well aware of your rights and you are not afraid of demanding for them. This will inform the other party that they are indeed being injurious, and will stop for the fear of you taking legal means against them. You may also like how to email a resume and cover letter.
A cease and desist letter also opens the door for conversation. By sending one, you are also saying that you are willing to talk about the issue and to compromise according to what will work best for both parties. Sending this general letter instead of going straight to court will save you both time and money, and maybe even your relationship with the other person involved.
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