A cease and desist letter template is a formal document that comes in handy to resolve a dispute between two parties. The letter is written to stop an individual or a business from behavior that you believe infringes on your rights.
Table of Contents
What is a cease and desist letter?
A cease and desist letter acts as a warning for an entity to stop committing an abusive action. Before filing a lawsuit, writing this letter is the final step in case the behavior by the other party continues. Furthermore, this letter is neither enforceable nor legally binding it is just a warning.
After receiving the letter, the recipient has to respond within a specific period. A lawsuit should be filed if the other party continues to breach the rights of the sender.
Different types of cease and desist letters:
Here are the different types of cease and desist letters;
Defamation
Defamation refers to an attempt to cause harm to an entity by spreading wrong information. You can record a telephone conversation in case defamation is a reason for sending a cease and desist letter. You must check your state rules regarding consent to conversation recordings.
Breach of contract
If someone is breaking the terms and conditions of a contract then you can issue this warning. If you have evidence of the infringement, they will have to cooperate.
Debt collection
You can write a cease and desist letter if a debt collector harasses you unacceptably.
Trade infringement
This type of cease and desist letter is written to inform the recipient that they are breaching a federally registered trademark that doesn’t relate to them. It is also referred to as a trademark cease and desist letter.
Writing a Cease and Desist letter:
You must understand the specific sections of the letter in order to correctly outline a cease and desist letter. Consider the following steps while writing this letter;
Identify the type of letter
The type of abuse the other party is carrying out, you should base the structure of your letter on it. It might be;
- A breach of contract
- Trade infringement
- Another type of infraction
Include the details of the involved parties
Provide the complete names and addresses of involved parties.
Fill in the date
Don’t forget to specify the date while writing your letter. This will serve as evidence when you need to go over the timeline of events.
Sending a cease and desist letter:
Sending a cease and desist letter by mail is the proper way to serve it to another person. In addition, you just have to ensure that the letter will be delivered by certified mail with a return receipt. If you are sending it with a return receipt then you need a copy of the recipient’s signature. You can use that signature as evidence in court in case the other party claims they never received the letter.
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cease and desist letter template
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model cease and desist letter template
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sample trademark cease and desist letter
FAQ’s:
How much does a cease and desist letter cost?
It can be quite expensive to ask someone to create a cease and desist letter for you. A lawyer can cost $400 to draft a letter. However, you can make the process of drafting this letter much simpler and cheaper by downloading cease and desist letter online.
When to send a cease and desist letter?
When you have proof of infraction then send the letter. If you don’t have any proof then send it if the illegal or harassing activity continues.