Cease and Desist/ Demand Letters
A cease and desist letter is a letter sent to an individual or a business to stop or refrain unwanted or illegal behavior (cease) and not restart at a later time (desist). It serves as a warning to the recipient(s) that if the behavior does not stop or certain actions are not taken by a certain due date, legal action may be taken. There are a few types of circumstances where a cease and desist letter is commonly used:
- Harassment: Harassment includes stalking and invasions of privacy, and can be very hard and frightening for a person. Sending a cease and desist letter can sometimes anger a person more, but it can also show the person you are serious and will take legal action if necessary. If they do not take the letter seriously, you can use it as evidence against them in court. You’ll want to include a full description of the offending actions, when they started, when they occurred, and any other relevant information. Keeping a record of all incidents can help significantly.
- Debt Collectors: Debt collectors can be tenacious, and their calls can become burdensome and overwhelming. If you feel that you are being unnecessarily hassled by a debt collector, you can send a cease and desist letter. Make sure to have relevant information like the amount of debt owed, when they started contacting you, how often, and why it has become burdensome.
- Trademark/Copyright infringement: Whether you are a writer or a business, if someone is using your copyrights or trademarks without your consent, you can send a cease and desist letter to get back what is yours. The letter will include details about the work being used in question, proof that you hold the copyright or trademark, when and where the alleged offender started using your work, and any other documentation.
- Breach of Contract: In order to potentially stop a breach of contract from occurring, you can send a cease and desist letter to the offending party detailing the breach and what actions are needed to stop the breach. An example of this is if an employee breaches a non-compete agreement.
- Libel or Slander: If someone is making false or damaging written or oral statements about you or your business, you may issue a cease and desist letter to stop them from continuing to do so.
Similarly, a demand letter can be drafted to collect monies; to secure property; or to obtain a fair settlement of claims you may have against another person or third parties like an insurance company. A demand letter should summarize your claim/s and should set forth how much money you seek for your injuries, and any other harms you suffered as a result of the incident or accident, such as property damage and lost wages.
There are many other cases where a cease and desist or demand letter may be issued, but it is important to talk to an experienced attorney before sending one. Both cease and desist letters and demand letters should include any relevant documentation and evidence. It should be sent using certified mail with a return receipt requested, so you can be certain the offending party received the letter. Once a cease and desist letter or demand letter is sent, the offending party will be able to contact you to let you know they plan on complying with your cease and desist or demands, by the established due date. If the offending party does not comply with the letter, the next course of action would be to obtain advice from an experienced attorney. Edwards Law can help you draft a cease and desist letter or a demand letter, and will consult you on the proper steps to take should the party not comply.