Free Cease & Desist

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Create Your Free Cease & Desist

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Cease & Desist

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

A Trade Mark 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 Trade Mark 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 Trade Mark.
What is the “General” letter used for?The General letter is used to demand that an individual or organisation ceases an action or behaviour. 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 Trade Mark, Copyright Infringement and Debt Collection letters are more specifically suited for those specific purposes.


Your Cease & Desist

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______________________
____________________________________________
______________________, ENG, __________

15 July 2020

______________________
____________________________________________
______________________, ENG, __________

Ref No: __________

Dear ______________________:

You have contacted us regarding the account with the above reference number, which you claim is owed by myself.

I have no knowledge of any such debt being owed to ______________________

The remainder of this document will be available when you have purchased a licence.

Cease and Desist Letter Information

A Cease and Desist Letter is also known as a:

  • Cease communication letter
  • Stop harassment letter

What is a Cease and Desist Letter?

A Cease and Desist Letter acts as a warning that the sender plans on involving the authorities if the recipient does not stop an action or behaviour. The sender can express that there will be future litigation taken against the recipient if they don't terminate the action within a set time frame (typically 30 days).

If the recipient receives the Cease and Desist Letter and does not comply with it, the sender may begin taking legal action by contacting local authorities.

When crafting your Cease and Desist Letter, consider that a judge will likely read the letter. Cease and Desist Letters are commonly published, and many even end up on the internet. Sometimes this is because the recipient publishes the letter online themselves and other times this is because lawsuits take place in the public eye. Be wary of this as you create your document.

How do I write a Cease and Desist Letter?

LawDepot's Cease and Desist Letter template prompts you to select from one of four situations for your letter: debt collection, copyright infringement, trademark, and general. After selecting the kind of letter you wish to create, the template will prompt you to fill in some basic information, including the name and location of both you and the recipient.

Next, the questionaire will prompt you with different templates depending on what situation you selected earlier in the questionnaire. Each of the four types of letters will ask you to supply information specific to the situation at hand.

If you selected general as your letter type, the template will ask you to describe what you want stopped, examples, and the reason why it should stop. Then, you can select to include any combination of the following options:

  • Provide notice that you will file suit against the recipient if they do not comply with this letter
  • Provide notice that you intend to record telephone conversations
  • Provide notice that you intend to keep a log of any contacts the recipient of this letter makes with you after they receive this letter

When should I use a Cease and Desist Letter?

You can use Cease and Desist Letter for numerous situations, including copyright infringement and trademark infringement. For example, if you own a landscaping company with a trademarked logo, and you notice a rival company is using your logo with their business name, sending a Cease and Desist may be enough to resolve the issue out of court.

A Cease and Desist order can also deal with matters of harassment, stalking, invasion of privacy, slander, or defamation. Harassment is persistent or systematic unwanted contact. Slander is when someone purposely makes statements that damage your reputation. If someone is persistently contacting you or making defamatory statements about you, sending a Cease and Desist conveys that you are serious about them leaving you alone.

You should only send a Cease and Desist notice if you are prepared to take legal action when the recipient doesn't change their behaviour. Failing to take legal action after serving them a Cease and Desist may cause others to take advantage of you, knowing your threats are baseless.

How do you stop someone from contacting you?

People will often use a Cease and Desist Letter to deal with cases of harassment. If someone is harassing you, a Cease and Desist Letter may be enough to convince them to stop. You can use the letter to explain how or why their behaviour is inappropriate or illegal. You can also explain what legal action you plan on taking if they continue to reinforce that you are serious in your request.

If they don't stop as you requested, you can contact the authorities to discuss your options as you may need to file a restraining order. To do this, you must have proof of their attempts to contact you repeatedly. If you are considering taking this issue to the authorities, be prepared to provide evidence. LawDepot's Cease and Desist Letter template allows you to include a warning that you will record and document any contact from the recipient in the future.

Sometimes people use Cease and Desist Letters to ask debt collectors to stop contacting them. There are several reasons why someone might send a Cease and Desist notice to a debt collector, such as the debt being disputed or if the debt collector is refusing to comply with guidelines.

It may be tempting to use a Cease and Desist notice to deter a debt collections agency from pestering you with calls while you arrange a debt payment strategy. However, this could upset creditors and move them to pursue legal action against you sooner. While this may buy you some time if a debt collector is particularly aggressive, it could also have the opposite effect. Take this into consideration before you send a Cease and Desist to a debt collector.

Can you email a Cease and Desist Letter?

Yes, this is an option. Cease and Desist Letters don't need to be physical. You can deliver them in many forms, including electronically or by a phone call. However, if the issue goes to court, it may be difficult to prove these forms of communication were sent and received properly.

To ensure that your letter is received, you should send a physical copy via registered mail. This way, you can be confident that the recipient receives your Cease and Desist notice.

Is a Cease and Desist Letter enforceable?

A Cease and Desist Letter only acts as a request for an undesired action to stop, which may include warning of the steps the sender will take if the undesired action continues. No one is taking legal action at the time that the letter is sent. Typically, Cease and Desist Letters provide a time frame in which the recipient must act.

For example, the Cease and Desist Letter may state that you have 30 days to stop using copyrighted music on your YouTube channel before the artist plans on taking legal action. While it is up to the artist to take legal action at that point after sending the Cease and Desist, the letter provides a warning so that both parties can settle the issue without incurring costly legal fees or spending time in court.

If you receive an order from a court as opposed to a lawyer or individual, this is a court order, not a Cease and Desist Letter. This demonstrates that someone has already taken legal action against you. If you are unsure about how to handle the document you receive or exactly what action you should take, consult a lawyer.

What would happen if you ignore a Cease and Desist?

If someone ignores a Cease and Desist letter, the sender may choose to mail multiple letters until they achieve the desired outcome. If several letters result in nothing, you can file a lawsuit to settle the dispute in court.

The law requires a response from anyone who is served a lawsuit (known as a summons and complaint or as a claim form). Ignoring a lawsuit means you give up an opportunity to defend yourself and comes with legal consequences. Multiple Cease and Desist Letters can also be a costly expense. The recipient must evaluate each letter then decide how they should respond. As a result, numerous legal fees can incur if the issue isn't addressed.

Along with a summons and complaint, the recipient might also be served a temporary restraining order ordering them to stop the action outlined in the Cease and Desist Letter.

Related Documents:

  • Affidavit: Use this document to prepare a written statement made under oath.
  • Release/Waiver Agreement: Use this document to create an agreement in which one party waives their right to make a legal claim against another party in the event of a dispute.
  • Demand Letter: Use a Demand Letter to request an action or payment from another party.
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