Free Cease & Desist Letter

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Cease & Desist Letter

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______________________
____________________________________________
______________________, VA, __________


October 23, 2019

______________________
____________________________________________
______________________, VA, __________

Ref No: __________

Dear ______________________:

This will serve as your legal notice pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, to cease and desist all further communication with me in regard to the above referenced debt or debts.

I have decided that I do not want to work with your collection agency or any other collection agency under any circumstances. I will contact the original creditor directly in order to resolve this matter. By sending this letter it is my intention to stop all your calls and collection activity from this day forth.

I also reserve the right to file suit against you for any future violations of this law.

Please give this very important matter the utmost attention.

Sincerely,



______________________

Cease and Desist Letter

What is a Cease and Desist Letter?

A Cease and Desist Letter is a letter that requests an individual or organization stop (cease) an action and refrain (desist) from doing it again in the future. The reason for the letter is often due to the recipient's infringement on the sender's legal rights or some issue related to ownership of intellectual or copyrighted property.

The letter usually comes with the threat of legal action if the recipient fails to comply with the demands detailed in the letter.

Is a Cease and Desist Letter enforceable?

Although a Cease and Desist Letter is not a legally binding document, the threat of legal consequences if the recipient doesn't comply with your request is actionable. The letter itself is more of a courtesy to the recipient, giving them fair warning and time to make a change to their actions before litigation.

Why send a Cease and Desist Letter?

There are a few common scenarios where people request another party to cease and desist an action. These situations include:

  • Stopping aggressive debt collectors from harassing you with phone calls
  • Requesting that someone stop defaming you with false spoken or published statements (commonly referred to as slander and libel respectively)
  • Stopping an individual or business from infringing on your patent, trademark, or copyright
  • Halting an individual from stalking or harassing you or invading your privacy
  • Resolving property boundary disputes with neighbors

It bears repeating that sending the letter doesn't guarantee the offending party will cease the action. If the party doesn't comply, you'll have to pursue legal action. Sometimes having a record of sending a Cease and Desist Letter to resolve the issue prior to litigation can help your case.

How do I write a Cease and Desist Letter?

A Cease and Desist Letter should be written in a concise, professional manner. You should present your grievances (e.g. copyright infringement, harassment, libel, etc.) and explain what the other party can do to correct the action (e.g. stop using your copyrighted work, stop harassing you, recant their libelous statement, etc.).

In addition to your explanation of your grievances and request to cease and desist, your letter should also include:

  • Your name and contact information
  • The date
  • The recipient's name and information
  • A subject line (e.g. Cease and Desist Demand, a reference number for your account with a creditor, etc.)
  • Notice of filing a lawsuit if the recipient doesn't cease and desist their actions
  • Notice of your intents to record and/or log further communications, if applicable
  • Your signature

How do I deliver a Cease and Desist Letter?

You can deliver your Cease and Desist Letter yourself, but it's considered best practice to use registered or certified mail so there's a record of delivery and receipt.

If a quick delivery is important, you could also use a process server provided you and the recipient reside in the same geographical area.

Related Documents:

  • Affidavit: a written statement sworn to in front of anyone who may administer an oath (for example, a notary public or an officer of the court)
  • Confidentiality Agreement: a document that protects sensitive information that's exchanged between parties by prohibiting its disclosure to others
  • Demand Letter: a letter that requests payment or action from a recipient to resolve an issue
  • Letter of Intent: a letter that outlines a mutual understanding of a future agreement
  • Release/Waiver Agreement: an enforceable agreement where a party promises not to pursue a legal claim in exchange for money or other compensation from the other party

Related Articles:

Frequently Asked Questions:

Cease and Desist FAQ
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