Free Cease & Desist

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Create Your Free Cease & Desist

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Cease & Desist

Create your free Cease & Desist Letter


Create your free Cease & Desist Letter



Frequently Asked Questions
What is a Cease and Desist Letter?A Cease and Desist Letter is a letter that requests that an individual or organisation stop a specified action and refrain from doing it in the future, with a threat of legal action if the recipient fails to comply. Anyone can send a Cease and Desist Letter.

A Cease and Desist Letter is different than a Cease and Desist Order, which is an order given by a judge to stop an illegal activity.
What is the “Debt Collection” letter used for?The Debt Collection letter is used to stop Debt Collectors from inappropriately harassing you. What is the “Copyright Infringement” letter used for?The Copyright Infringement letter is used to demand that an individual or organisation stops infringing on intellectual rights of your copyrighted work.What is Copyright infringement?Copyright infringement is a violation of the rights granted to the holder of a copyright.

A copyright holder has the following exclusive rights:

*To produce and sell copies of the original work.
*To create derivative works (works based on the original).
*To display or perform the work publicly.
*To sell or assign the above rights to others.

When individuals or organisation do any of the above without the permission of the copyright holder, they are committing copyright infringement.
What is the “Trade Mark Infringement” letter used for?The Trade Mark Infringement letter is used to demand that an individual or organisation stops violating your Trade Mark rights.What is Trade Mark infringement?Trade Mark infringement is a violation of the rights granted to the holder of a Trade Mark.

A Trade Mark refers to a mark or name used by a person for the purpose of distinguishing goods or services offered by that person from those offered by others. This is an exclusive right.

A Trade Mark infringment occurs when another person or group uses that mark or name, without permission or in a way that violates this exclusive right. The infringing mark or name needs not be an exact match to the Trade Mark.
What is the “General” letter used for?The General letter is used to demand that an individual or organisation ceases an action or behaviour. The General letter can be used to demand the cessation of the following:

*Harassment
*Stalking
*Libel
*Slander
*Property, boundary and neighborhood disputes.

The General letter format can also be used for cases of debt collection, copyright infringement or trademark infringement. However, the Trade Mark, Copyright Infringement and Debt Collection letters are more specifically suited for those specific purposes.


Your Cease & Desist

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Cease & Desist Page of
Page of

______________________
____________________________________________
______________________, ACT __________


____ ________________ ________

______________________
____________________________________________
______________________, ACT __________

Ref No: __________

Dear ______________________:

The Competition and Consumer Act (2010), the Australian Securities and Investment Commission Act (2001) and other relevant legislation impose on banks and debt collection agents an obligation to protect the privacy of debtors; ensure that contact with the debtor is for a reasonable purpose, is made at reasonable hours, at appropriate locations, and only to a reasonable extent. The debtor may also have specific rights to assert what hours, locations or extent of contact is reasonable or appropriate in the debtor's circumstances.

By sending this letter it is my intention to stop all your calls and collection activity from this day forth.

Please give this very important matter the utmost attention.

Sincerely,



______________________

What is a Cease and Desist Letter?

A Cease and Desist Letter is a document requesting a person or organization to stop a specific action and to not do it again in the future. The letter usually states that if the party fails to comply, they may face legal action.

A Cease and Desist Letter is also known as a cease and desist notice.

Who can send a Cease and Desist Letter?

Anyone can send a Cease and Desist Letter. However, it may be a good idea to have a lawyer review the letter before delivering it in case the situation ends up in court. The letter also makes it more difficult for the recipient to claim ignorance of any wrongdoing.

How do I write a Cease and Desist Letter?

1. Provide both parties’ information

Provide personal information for both you and the recipient, including:

  • Name
  • The type of party (an individual or company)
  • The city and address
  • Postcode

2. Determine the type of letter

LawDepot’s Cease and Desist Letter template allows you to create four types of letters.

Collection letter

Use a Debt Collection letter to stop debt collectors from inappropriately harassing you.

Debt collectors sometimes use aggressive practices with debtors, such as threatening language or constant calls at odd hours.

You can use a Cease and Desist Letter to request that a debt collector only contact you in writing or through your legal advisor if you believe they’re harassing you. You can also state in the letter that you don’t want them to contact you at your place of employment.

The debt is considered in dispute if the creditor and debtor don’t agree on the debt’s existence or amount.

Copyright Infringement letter

Use a Copyright Infringement letter to demand that an individual or organization stop infringing on the intellectual rights of your copyrighted work.

Copyright infringement is when an unauthorized party reproduces, plagiarizes, performs, or publicly displays copyrighted work without the copyright owner’s permission.

Provide the name of your original work, when and where it was published, and the infringing work's name in your Cease and Desist Letter. It also helps to provide examples of direct copying or unfair use of your work.

A copyright holder has exclusive rights to:

  • Produce and sell copies of the original work
  • Create derivative works (works based on the original)
  • Display or perform the work publicly
  • Sell or assign the above rights to others

In Australia, copyrights last the lifetime of the creator plus 70 years.

Copyright laws in Australia are governed by the Copyright Act 1968.

Trade Mark letter

Trade Mark infringement is when a person or company uses your trade marked work without your permission.

A trade mark is intellectual property in the form of a word, phrase, logo, or symbol that you have registered and own the exclusive rights to use.

State the name of your trade mark and where the infringement occurred in your Cease and Desist Letter. Provide the trade mark registration number if your trade mark is registered. Otherwise, give the year the work was first used.

Provide as many examples of the trade mark infringement as you can to help the recipient of the letter understand their error and quickly fix the problem.

General letter

Use a General letter to demand that an individual or organization stop an action or behaviour. Examples of unwanted behaviour include:

  • Harassment
  • Stalking
  • Written defamation
  • Spoken defamation
  • Property, boundary, and neighbourhood disputes

Defamation is an untrue statement presented as a fact that hurts a person or company’s character or reputation.

Written defamation is an untrue statement with a permanent record, such as writing or a web post, while spoken defamation is an untrue statement that does not have a permanent record, such as a spoken false statement.

LawDepot’s Cease and Desist Letter template allows you to notify the recipient of your intent to record future telephone conversations and keep a log of any contact with the recipient after they receive the letter. You can also inform the party that you intend to file suit if they don’t meet your demands.

It‘s legal to record a telephone conversation in Australia as long as you get consent from the other parties participating in the call. However, the laws regarding phone recording without consent vary from state to state.

3. Date your letter

The final step in LawDepot's Cease and Desist Letter questionnaire allows you to date your letter. Provide a specific date if you wish to include one, otherwise select the "unsure" option.

Dating your Cease and Desist Letter reduces the chance of confusion regarding the dispute's timeline of events.

How do I deliver a Cease and Desist Letter in Australia?

There are many ways to deliver a Cease and Desist Letter. Keep a record of the method you choose so you can prove the letter was likely received.

If possible, you should use registered mail to ensure that the recipient receives the Cease and Desist Letter. It may take longer to get a response from the recipient, but it’s a secure method that allows you to track the delivery process.

You can also use a process server to deliver the letter in person for a fee if you need it delivered fast and the recipient is in the same location. The process server will provide an affidavit of service or its equivalent upon delivery.

A Cease and Desist Letter can also be sent through email.

Is a Cease and Desist Letter enforceable in Australia?

A Cease and Desist Letter isn’t legally enforceable because it isn't court-ordered. Therefore, the recipient doesn't have to comply with the demands of the letter. However, it can act as a firm warning to the other party that you are taking the matter seriously.

A Cease and Desist Letter is different from a cease and desist order, which is an order with legal power given by a judge to stop illegal activity.

Related Documents:

  • Affidavit: Make a written statement under oath.
  • Confientiality Agreement: Protect sensitive information exchanged between parties by prohibiting its disclosure to others.
  • Demand Letter: Request a payment or action from a recipient to resolve an issue.
  • Release/Waiver Agreement: Create an enforceable agreement where a party promises not to pursue a legal claim in exchange for money or other compensation.
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