Free Cease & Desist Letter

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Create Your Free Cease & Desist Letter

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  2. Email, download or print instantly
  3. Just takes 5 minutes

Cease & Desist Letter

Create your free Cease & Desist Letter


Create your free Cease & Desist Letter



Frequently Asked Questions
What is a Cease and Desist Letter?A Cease and Desist Letter is a letter that requests that an individual or organization stop a specified action and refrain from doing it in the future, with a threat of legal action if the recipient fails to comply. Anyone can send a Cease and Desist Letter.

A Cease and Desist Letter is different than a Cease and Desist Order, which is an order given by a judge to stop an illegal activity.
What is the “Debt Collection” letter used for?The Debt Collection letter is used to stop Debt Collectors from inappropriately harassing you. What is the “Copyright Infringement” letter used for?The Copyright Infringement letter is used to demand that an individual or organization stops infringing on intellectual rights of your copyrighted work.What is Copyright infringement?Copyright infringement is a violation of the rights granted to the holder of a copyright.

A copyright holder has the following exclusive rights:

*To produce and sell copies of the original work.
*To create derivative works (works based on the original).
*To display or perform the work publicly.
*To sell or assign the above rights to others.

When individuals or organization do any of the above without the permission of the copyright holder, they are committing copyright infringement.
What is the “Trademark Infringement” letter used for?The Trademark Infringement letter is used to demand that an individual or organization stops violating your Trademark rights.What is Trademark infringement?Trademark infringement is a violation of the rights granted to the holder of a Trademark.

A Trademark refers to a mark or name used by a person for the purpose of distinguishing goods or services offered by that person from those offered by others. This is an exclusive right.

A Trademark infringment occurs when another person or group uses that mark or name, without permission or in a way that violates this exclusive right. The infringing mark or name needs not be an exact match to the Trademark.
What is the “General” letter used for?The General letter is used to demand that an individual or organization ceases an action or behavior. The General letter can be used to demand the cessation of the following:

*Harassment
*Stalking
*Libel
*Slander
*Property, boundary and neighborhood disputes.

The General letter format can also be used for cases of debt collection, copyright infringement or trademark infringement. However, the Trademark, Copyright Infringement and Debt Collection letters are more specifically suited for those specific purposes.


Your Cease & Desist Letter

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______________________
____________________________________________
______________________, VA, __________


________________ ____, ________

______________________
____________________________________________
______________________, VA, __________

Ref No: __________

Dear ______________________:

This will serve as your legal notice pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, to cease and desist all further communication with me in regard to the above referenced debt or debts.

I have decided that I do not want to work with your collection agency or any other collection agency under any circumstances. I will contact the original creditor directly in order to resolve this matter. By sending this letter it is my intention to stop all your calls and collection activity from this day forth.

I also reserve the right to file suit against you for any future violations of this law.

Please give this very important matter the utmost attention.

Sincerely,



______________________

Cease and Desist Letter Information

What is a Cease and Desist Letter?

A Cease and Desist Letter is a written request to an individual or organization to stop (cease) an action and refrain (desist) from doing it again in the future.

This letter notifies the recipient that they’re infringing on the sender’s rights or engaging in harassing activities. This type of behavior includes different things such as:

  • Cyberbullying and defamation (i.e., libel and slander)
  • Duplicating or reproducing copyrighted material
  • Threatening behavior (e.g., stalking)
  • Identity theft or online impersonation
  • Aggressive or excessive communication
  • Property disputes
  • Fraud

The letter typically comes with the threat of legal action if the recipient fails to comply with the demands detailed in the letter within a certain period of time.

Is a Cease and Desist Letter enforceable?

No, a Cease and Desist Letter is not a legally binding document.

You cannot force the recipient of the letter to comply with your request, but you can follow through with your threat of legal consequences. If your lawsuit is successful, courts may issue a legally binding cease and desist order. In this case, the recipient (defendant) must comply with the order or face legal repercussions.

Why send a Cease and Desist Letter?

A Cease and Desist Letter is a courtesy to the recipient, giving them fair warning to remedy their actions before litigation. With this letter, you can let the recipient know:

  • Why their actions are inappropriate
  • That you will no longer tolerate their behavior
  • How to resolve the problem and avoid a lawsuit

If the recipient complies with the demands in your Cease and Desist Letter, you can save time and money by avoiding a lawsuit. Alternatively, if you proceed with litigation, you can use the letter as evidence in court to prove that you took reasonable measures to resolve the problem.

How do I write a Cease and Desist Letter?

Write your Cease and Desist Letter in a concise and professional manner. Describe your grievances and explain what the other party can do to correct the action. Stick to the relevant details only. Leave out any information that is not absolutely necessary, such as foul language, bias, or petty commentary, and simply present the facts.

In addition to this explanation, a Cease and Desist letter should also include:

  • Your name and contact information
  • The recipient's name and information
  • A subject line (e.g., a reference number for your account with a creditor)
  • Notice of filing a lawsuit if the recipient doesn't cease and desist
  • Notice of your intents to record and/or log further communications, if applicable
  • Your signature
  • The date

When should I use a Cease and Desist Letter?

LawDepot’s Cease and Desist Letter template allows you to customize the letter for situations such as:

  • Debt collection: Notify a collection agency to cease communication because you will resolve the debt with the original creditor
  • Copyright or trademark infringement: Assert your rights to copyrighted material and demand that the infringing party ceases the use and distribution of your work.
  • General harassment: Demand the end of various inappropriate behaviors or actions outside of debt collection or intellectual property issues.

How do I deliver a Cease and Desist Letter?

To avoid a dispute about the delivery of your Cease and Desist Letter, you can do one or more of the following steps:

  • Deliver the letter in person and obtain an Affidavit of Service
  • Hire a process server to deliver the letter on your behalf (they will provide an Affidavit of Service or its equivalent upon delivery)
  • Deliver the letter through a registered mail service and obtain a certificate of posting
  • Keep a copy of the letter for yourself
  • Send a copy of the letter to your attorney, if you have one
  • Keep a record of the time, date, and place of delivery

In some cases, a recipient may claim that they unintentionally ignored a Cease and Desist Letter because the sender failed to deliver the letter appropriately. Research the best way to serve your Cease and Desist Letter, as document laws may vary by jurisdiction. This way, you can guarantee the delivery of the papers can be proven in court.

Can you ignore a Cease and Desist Letter?

Once you send a Cease and Desist Letter, the recipient can either acknowledge the issue and comply with your request or ignore your letter completely.

If the recipient does not respond to your letter, you may decide to commence legal proceedings. However, you should give the recipient a reasonable period of time to comply with your request.

What constitutes a reasonable timeframe depends on:

  • The method you used to deliver the letter. A standard postal service takes longer to reach its destination, while email or a process server may deliver the letter immediately. Give the recipient time to receive the letter and three to five business days to respond.
  • The action or behavior you want to stop. Depending on the action or behavior that needs to stop, it may take the recipient time to remedy the situation. For instance, if they are running an ad online that illegally contains your company logo, they may need time to contact the advertising company and remove the ad.
  • The method the recipient uses to respond. If you mailed your Cease and Desist Letter to a collection agency, they will most likely respond by mailing you a letter in return. Since it took time for them to receive your letter, it’s only fair to give them the same amount of time to send their response before you proceed further.

Related Documents:

  • Affidavit: a written statement sworn to in front of anyone who may administer an oath (for example, a notary public or an officer of the court)
  • Confidentiality Agreement: a document that protects sensitive information that's exchanged between parties by prohibiting its disclosure to others
  • Demand Letter: a letter that requests payment or action from a recipient to resolve an issue
  • Letter of Intent: a letter that outlines a mutual understanding of a future agreement
  • Release/Waiver Agreement: an enforceable agreement where a party promises not to pursue a legal claim in exchange for money or other compensation

Related Articles:

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