Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
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Anyone (whether the complaint is well-founded or not) can send out a cease and desist letter. However, there are reasons why you may want an attorney who specializes in copyright laws at least review your letter before sending it out.
How to Serve a Cease-and-Desist Letter. No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
Cease and desist letters can be sent through email, mail, and through an attorney. However you choose to send the letter, make sure that you have a receipt that shows it was delivered to the recipient.
Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.
Cease-and-desist orders are used in many areas of the law. Usually, an administrative judge has the discretion to issue this type of order. There are two different kinds of cease-and-desist orders: Summary cease and desist: This is an order issued before a hearing or without any type of judicial proceedings.
The action or behavior at issue could be business-related or personal. The letter can be sent by someone trying to protect their intellectual property, real property, business, or it could be used to stop harassment. You may be surprised to learn just how versatile this one legal document can be.
Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter. The attorney also knows the correct language to use.
The elements of a cease and desist letter are rather simple:Include your name and address.Include the recipient's name and address.Demand the recipient to stop the harassment.Send it via certified mail, return receipt requested.
If someone is using your work without permission, you can send a cease-and-desist letter demanding they take the content down or stop using it without proper attribution. Unlike trademarks, copyright applies as soon as your idea is written down.
While a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way. Such documents are easy to write and, unless you hire an attorney to write them, usually quite cost-effective.