Define Cease And Desist Letter?
A letter that is issued to an individual and organization to stop and abstains from doing an act in the future is known as a Cease and Desist Letter. The Letter is issued due to the receiver’s transgression on the sender’s rights or issues related to intellectual or copyrighted property’s ownership.
The letter is accompanied by a threat of legal action in case of failure to comply with the sender’s demand mentioned in the letter.
Why are Cease and Desist Letters sent?
Following are the situations when cease and desist letters are sent to cease action, such of these situations are:
- Stopping someone from invading your privacy, stalking or harassment.
- Resolving disputes with neighbors regarding property boundaries.
- In case of debt collectors’ harassing phone calls.
- The letter can be sent to someone to stop defamation by slander or libel.
- The letter can be sent in case of infringement on a patent, copyright or trademark.
Are Cease and Desist Letter enforceable by law?
A Cease and Desist Letter has no legal binding, an individual can take legal action after the recipient fails to comply with the request. The letter is used as a fair warning and time to change their ways before the legal process is started, thus the letter should be considered a courtesy to the recipient.
What are the instructions to compose a Cease and Desist Letter?
The letter should be written in a manner that is professional and brief. Present the other party with your issues regarding a particular offense and then mention how to rectify the offense. Apart from pointing out the problem and how the problem can be rectified, the letter should also include:
- Sender’s name and contact information
- Subject ( in this case Cease and Desist demand)
- Notice of filing a lawsuit if the receiver fails to comply and cease the action.
- Notice of logging and or recording further communication.
- Sender’s signature
- Receiver’s name and contact information
How to dispatch a cease and desist letter?
The letter can be delivered by the complainant but to have a record of the warning, the letter must be dispatched using a registered or certified mail.
If the recipient lives close by, the process server can be used to deliver the letter quickly.
Letter of Intent: A letter that lays out the understanding between two or more parties for an agreement in the future.
Confidentiality Agreement: An agreement that prohibits disclosure of sensitive information shared between parties.
Demand Letter: Letter that requests payment or action from the receiver for the issue to be resolved.
Affidavit: A written statement that is sworn in front of a notary public or an officer of the court.
Release/Waiver Agreement: A legally enforceable agreement wherein the exchange of money or other compensation a party assures not to pursue a legal claim.
Cease and Desist Letter Form
Date: ________________________ Country: _______________________
Subject: Cease and Desist Letter
Ref No. _____,
This Letter will serve as your legal notice by the Fair Debt Collection Act, 15 U.S.C § 1692, to cease all communication with me regarding Ref No ‘’_____’’ debt or debts.
In light of recent events, I concluded that I will not be engaging with your debt collection agency in any way. I will resolve this matter by contacting the original creditor. By sending this letter I want the agency to discontinue collection activity and stop contacting me over the phone.
In case violation of this law in the future, I reserve the right to file a suit against your agency.