Cease And Desist Letter Hide Checkmark For Free - Dillon Shamoun

A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.

The cease and desist letter should include a clear and concise description of the harassing or offending behavior. The letter should also include the amount of time you are giving the recipient to remedy the issue and possible consequences. Remedying the issue typically means stopping the unlawful action.

You need to be aware of certain risks when sending the cease and desist letter. For example, if you threaten the infringer with a lawsuit, they could file a declaratory judgment (i.e., DJ) action against you. The DJ action asks the court to resolve the dispute between you and the infringer.

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.

Fundamentally, there are two ways to respond to a cease and desist letter. You can either (i) agree to comply with the sender's demand, or (ii) dispute the allegations against you or your company.

A cease and desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop the activity.

What to Include in Your Cease and Desist Letter. The cease and desist letter should include a clear and concise description of the harassing or offending behavior. The letter should also include the amount of time you are giving the recipient to remedy the issue and possible consequences.

You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

Even if action is demanded or required by the sender, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.

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.