A cease and desist is a letter sent to an individual or business that is engaging in unwelcome or offensive behavior. The Cease and Desist acts as a formal request that the recipient stop ("cease") and not continue ("desist") this behavior. If the recipient of the letter fails to comply with these demands, the sender may then take further legal action to stop the behavior that is harming or interfering with their life. This letter acts as a first warning and puts the recipient on notice.
People use cease and desist letters to request that someone stop many types of behavior. An intellectual property cease and desist letter is used to demand that someone stop intellectual property infringement. A debt collection cease and desist letter is used to demand that creditors and debt collectors stop aggressive communications in an attempt to collect a debt. A harassment cease and desist letter is used specifically to request that the recipient stop their harassment of the sender. This general purpose cease and desist letter can be used for any kind of behavior that the letter writer wants to stop.
No, it is not mandatory to have a cease and desist letter. There are many ways someone may choose to resolve a conflict with another person. If they are not otherwise on bad terms, they may instead opt to have a conversation face to face. However, in situations where there is a great deal of tension or the parties are otherwise not on speaking terms, a cease and desist letter may be the preferable option.
Once the letter has been written, it should be printed out and signed by the sender. The sender should also attach any proof of the offensive behavior, such as photographs, letters, or emails. The sender should mail the letter and any supporting documentation to the recipient via certified mail so that they have a record of when the letter was sent and when it was received.
A valid cease and desist letter must contain at least the following mandatory clauses:
There are no laws outlining what must be included in a cease and desist letter. However, best practices dictate that a cease and desist include a detailed description of the offending behavior and a clear demand that the behavior stop or else legal action will be taken. Further, cease and desist letters are often used in later court cases to show that the defendant was put on notice about their offending behavior, so the more detailed the letter, the better.
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Cease and Desist Letter Template
Country: United States