Can I send my own cease and desist letter?
Can I send my own 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. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.
What do I do if I get a cease and desist letter?
Contact an Attorney: Take or send the cease and desist letter to a business and intellectual property lawyer along with any related documentation. Many attorneys will review and interpret cease and desist letters at little to no cost. This can give you peace of mind and help you prepare for the next step.
What happens if you refuse a cease and desist letter?
Ignore the letter While ignoring the letter may not have legal consequences, the sender may keep sending you further correspondence, and may eventually decide to pursue legal action against you.
How do I send a cease and desist?
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.
The following is a guide for what to do (or not to do) if you receive a cease and desist letter about an intellectual property dispute.
- Don’t panic.
- Don’t communicate, yet.
- Determine what claims are being made.
- Gather and preserve your records.
- Talk to an attorney.
- Work with your lawyer to prepare a response.
What are the consequences of a cease and desist?
You’ll get more letters. The party who sent the cease-and-desist letter may just keep sending them to you until you give some type of response. Each subsequent letter might be more aggressive in tone, but you are under no legal obligation to comply, although you could face a lawsuit in the future.
Can you send a cease and desist letter yourself?
No. You can send a cease and desist letter yourself. These letters are not legal orders. This means they can be sent by anyone. However, never send a threatening letter. This can harm your case. Do I Need a Lawyer for a Cease and Desist Order?
How to send a cease and desist to a debt collector?
Whichever method you choose, it is important to keep a record so that you can prove the letter was likely to have been received. For instance, if you are sending the letter to stop harassing phone calls from a debt collector, it is recommended to send a cease and desist notice to the debt collection company via certified letter mail.
Can a judge issue a cease and desist order?
Also known as an injunction, a cease and desist order is legally binding. Only a judge or a government agency can issue this type of order to demand that the recipient stop the stated action. This type of order generally follows a cease and desist letter if the recipient fails to comply with the original letter.
When to use a cease and desist notice?
Use a cease and desist notice if you want to issue a formal warning to someone to stop doing what they’re doing. This includes using your property, harassing you, or illegally using your trademarks. Usually, but not always, a cease and desist is the first formal step following an informal notification.