Start the process of sending a Cease and Desist Letter to put an end to any abusive behavior towards you. Use our Cease and Letter template to create your document without any difficulties.
Last Update June 6th, 2022
- What Is a Cease and Desist Letter
- Types of Cease and Desist Letters
- How to Write a Cease and Desist Letter
- How to Send a Cease and Desist Letter
- Cease and Desist Letter vs Cease and Desist Order
- Cease and Desist Letter Sample
- Cease and Desist Letter FAQs
What Is a Cease and Desist Letter
A Cease and Desist Letter is used to resolve a disagreement between two parties. It can also be used as a warning to put an end to committing an abusive action.
A Cease and Desist Letter is only a warning, as it is not a lawsuit, it is also neither enforceable nor legally binding.
It acts as the final step before someone files a lawsuit if the behavior by the other party continues.
The person that receives the letter must respond within a specific period. The response must be an admission or denial of the charges.
If the other party continues to violate the rights of the sender,then a lawsuit should be filed.
Cease and Desist Letter Example
Examining a sample of a legal document is an effective method to help you understand how to properly outline your Letter.
To assist you in the writing process, we have included a sample Cease and Desist Letter below.
[Your full name]
[Recipient’s full name]
Dear [Name of recipient]
This letter is being delivered because of [Abusive activity].
A lawsuit will be filed against you if you do not stop engaging in the above-mentioned activity.
If the Activity persists, we will seek a temporary restraining order in District Court against you and any other parties involved. We'll also ask for monetary compensation, which will be proven in court.
This is the only notification that you will receive.
If there is no confirmation to us in writing by [Date] that you will cease [Activity], we will immediately begin filing a lawsuit.
[Your full name]
LawDistrict provides a strongly worded Cease and Desist Letter template to help you deliver the warning you need to make.
Types of Cease and Desist Letters
There isn’t one specific reason to send a Cease and Desist Letter. You can create this document for various reasons, which means there is more than just one type of letter.
Review the various types of Cease and Desist Letters below.
Attempting to cause harm to someone or a company by spreading false information is known as defamation. This action could also be known as slander.
If defamation is a reason you are sending a Cease and Desist notification, you can record a telephone conversation.
States have different rules regarding consent to conversation recordings.
In the following states, each personmust consent to the recording:
In other states, it’s possible to record a conversation if just 1 of the parties knows about the recording.
Breach of Contract
You can issue this warning if someone is breaking a contract's terms and conditions. They will have to cooperate if you have proof of the infringement.
If they do not, you can file a lawsuit against them.
A Cease and Desist Letter can be written if debt collectors are unacceptably harassing you.
It's possible that sending the letter will prevent them from contacting you again.
Also known as a Trademark Cease and Desist Letter, this formal notice warns a 3rd party that they are violating a federally registered trademark that does not belong to them.
How to Write a Cease and Desist Letter
To correctly outline a Cease and Desist Notification, you must understand the specific sections that are part of the letter.
The following step-by-step instructions detail how to structure your letter and explain what to include.
Determine the type of letter: Base the structure of your letter on the type of abuse the other party is carrying out. It could be a breach of contract, trade infringement, or another type of infraction.
Include the information of those involved: Fill in your name, the other party’s name, and each of your addresses.
Fill in the date: When writing your letter, don't forget to specify the date. When you need to go over the timeline of events, this will act as proof.
Use our Cease and Desist Letter template to simplify the process of creating your document.
How to Send a Cease and Desist Letter
The proper way to serve your Cease and Desist Letter to another person is to send it by mail.
Make sure to have the letter delivered by certified mail with a return receipt. You'll acquire a copy of the recipient's signature if you send it with a return receipt.
If the other party claims they never received the Cease and Desist Letter, you can use that signature as proof in court.
Delivery online: You can also send certified mail online and the USPS will deliver it and get a receipt.
Avoid FedEx and UPS: It was ruled that only a certified mail receipt will be accepted in court.
Cease and Desist Letter vs Cease and Desist Order
A Cease and Desist Letter is not the same as an order. One is not as enforceable as the other.
Review the table below to understand the difference between the 2 documents.
|Cease and Desist Order||Cease and Desist Letter|
|A government agency or the court creates and sends it.||Any person or business can write and send it.|
|The offender is required by law to stop harassing or engaging in criminal actions.||The offender is asked to stop harassing or engaging in criminal actions|
|Requires the offender to answer the government agency or court||Requires the offender to answer the letter|
|Prevents the offender from continuing their illegal actions.||The offender can continue the same actions. However, it is not advisable.|
Cease and Desist Letter Sample
To provide further guidance, we have included an example of the document.
If you have never written a similar document, you may be asking yourself, what does a Cease and Desist Letter look like?
You can review the sample below.
Cease and Desist Letter FAQs
To avoid any confusion, make sure to go over the answers to these commonly asked questions about Cease and Desist Letters.
The replies can help you make the process of creating your document even simpler.
How Much Does a Cease and Desist Letter Cost?
To have a Cease and Desist Letter made can be quite expensive. On average, it can cost nearly $400 to have a letter drafted for you by a lawyer.
Using our Cease and Desist Letter template makes the process much simpler and much cheaper.
When to Expect a Response to a Cease and Desist Letter?
The normal response period is between 5 and 10 business days.
If the recipient takes longer than that to answer your letter, then you should begin to prepare the papers for a lawsuit.
When Can You Send a Cease and Desist Letter?
The optimal time to send the letter is when you have evidence of the infraction.
Even if you do not, you should send a letter if the illegal or harassing activity continues, and you feel it needs to end.