Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
Miami-Dade Florida Cease and Desist Letter
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-MC-0005
Format:
Word
Instant download
Description
Form popularity
FAQ
When you receive a cease and desist letter, your first step is to show it to an attorney. Depending on whether the letter is about trademark infringement, harassment, or defamation, you'll need either an intellectual property attorney, a criminal attorney, or a personal injury attorney.
How to Write a Cease and Desist Letter 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.
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.
You should only send a Cease and Desist notice if you are prepared to take legal action when the recipient doesn't change their behaviour. Failing to take legal action after serving them a Cease and Desist may cause others to take advantage of you, knowing your threats are baseless.
A cease and desist order is not enforceable. However, this does not mean a cease-and-desist letter should be ignored. Cease-and-desist letters can be used as evidence against you if the dispute becomes a lawsuit. The letter demonstrates to the courts that the sender advised you that your actions were unacceptable.
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.
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.
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.
Whether temporary or permanent, a cease and desist order is legally binding. Such an order is issued by a government agency or court when it has been convinced that there is reason to believe that illegal or harmful activity is taking place.
You'll end up in a lawsuit. If you ignore a cease-and-desist letter, the next thing waiting for you could be a summons and complaint, alerting you that you've been officially served with a lawsuit.
