Free 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. 

From

[Your full name]

[Address] 

To

[Recipient’s full name]

[Address]

[Date]

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.

Sincerely,

[Your full name]

LawDistrict provides a strongly worded Cease and Desist Letter template to help you deliver the warning you need to make. 

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. 

Defamation

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 person must consent to the recording: 

• California

• Connecticut

• Delaware

• Florida 

• Illinois

• Maryland

• Massachusetts 

• Michigan

• Montana 

• Nevada

• New Hampshire

• Pennsylvania

• Vermont 

• Washington 

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.

Debt Collection

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.

Trade Infringement

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. 

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. 

1. 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. 

2. Include the information of those involved: Fill in your name, the other party’s name, and each of your addresses.

3. 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. 

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. 

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. 

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.