When writing a cease and desist letter, include a statement of the problem, what you want them to do about it, and consequences if they don’t comply. Keep a formal tone, specify details, and consider legal action. Send via certified mail and keep a copy.
There are a couple of different ways to write a cease and desist letter, but in most cases, there are three essential things you need to include: a statement of what you think the recipient is doing wrong; what do you want them to do about it; and what are you going to do if they don’t comply. This type of letter is not usually seen as a legal instrument, and as such it does not normally have to follow any set format and need not be filed with a court of law. Nor does it have to be written by a lawyer. However, it’s often a good idea to keep your tone formal and statements short and professional. Depending on the circumstances, this letter could become the basis of a lawsuit later on, and if that happens, it is in your best interest that the letter be as refined and respectful as possible. Many legal groups offer free templates online that you can follow, often with language examples and model paragraphs.
Identify your goals
The first thing you need to do is identify the problem as precisely as possible. There are many reasons a person might write a cease and desist letter. Personal matters such as harassment or ongoing violations are some examples; harassment by a creditor, slander by a person or organization, or unauthorized use of trademarks or copyrights is also common. These type of letters are usually sent when you believe a judge would order the other party to stop the action if the matter went to court, but you want to avoid a lawsuit.
It’s also important to realize what this type of letter cannot do. For example, he can’t actually make someone stop a behavior—he can only ask and draw attention to the problem. If you are writing the letter to stop behavior that is imminently dangerous or that endangers you or others, it may be wiser to seek a more formal legal remedy such as a restraining order. You also need to be prepared for the recipient to respond with requests from them. Sometimes people get these kinds of letters and just change their ways, but not always. Before you start writing, you should think about all the potential outcomes and plan accordingly.
Define the specifications
There are a few basic things all cease and desist letters should include, starting with the full names of you or the organization you represent and any recipients. You should also specifically describe the action, including dates, times and any available details. In many copyright and trademark matters, letter writers include extensive appendices demonstrating all alleged misuses. This can both highlight the extent of the problem and serve as an archived record of wrongdoing.
If the action you want to stop appears to violate any laws, you should name those as well. I don’t need to go into detail, but stating that a certain activity violates a certain named law is often more powerful and persuasive than simply stating something vague like “your activities are illegal.”
State the consequences of inaction
Another important component of the letter is a brief statement of what you intend to do if the recipient doesn’t do as you ask. In most cases this is worded as a direct request that the action stop and typically a deadline should be given. Sometimes, you’ll want the action to stop immediately; in other cases, a few weeks or months is more realistic. Much depends on the circumstances. Sometimes it’s also a good idea to tell the recipient that you intend to file a formal lawsuit if things don’t change as requested.
Focus on actions, not emotions
It is often the case that these types of letters are written only after the problems have been going on for a long time, and in these situations emotions often run high. However, it is very important to keep a neutral and formal tone. The cease and desist letter should not use abusive or profane language or make threats beyond those of following up within the legal system. Remember that if further legal action is needed, the letter will likely become part of the official court record. This would make the letter a document that would be reviewed by the courts and become part of its public records, and could reflect badly on you if it is unprofessional or highly emotional.
Think about the formatting
There really isn’t a “wrong” way to write this type of letter, but erring on formality is usually the best course of action. In general, the letter should be in the format of a business letter. Your name and address, the recipient’s name and address, and the date of the letter must precede the body. The letter should include your original signature at the end and you should keep at least one copy of the original letter.
It’s also a good idea to send the letter via certified mail, as this will force the recipient to acknowledge receipt and give you a record of it. This means that the person cannot claim that the letter has not been received if further legal action is needed.
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