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Fillable Form Cease and Desist Letter

Cease and Desist Letter is a cautionary letter sent to an individual or organization to stop and refrain from doing an illegal activity with a set time-frame expecting a response from the recipient.

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What is a Cease and Desist Letter?

A cease and desist letter is a notice written by an individual, an organization, or an attorney representing an individual or organization asking another individual or organization to stop participating or engaging in a specific activity.

What do you mean by cease and desist?

Cease and desist basically means that something has to be put to an end. A certain activity may be ordered to stop because of some legal issues, a breach of contract, or specific arrangements that have not been met by the participating individual or organization.

What is the difference between a cease and desist order and a cease and desist letter?

A cease and desist order is issued by a court of law or government agency requiring an individual or organization that has committed an offense, to stop engaging or participating in a certain activity. It also requires the offender to report to a government agency or a court of law and answer to the offenses he or she has committed. The order prohibits the offender from legally continuing the activity.

A cease and desist letter can be written by anyone who has been offended by the suspect or it can be written by a lawyer. The offendee, through the letter, can ask the offender to stop participating in the activity. In the letter, the offendee requests a response from the offender regarding the allegations. However, the offendee does not prohibit the offender from participating in the activity but may subject the offender to possible legal action.

Are there legal considerations for a cease and desist letter?

Before writing a cease and desist letter, you must understand that a lawyer is bounded by certain rules of conduct. These rules do not allow an attorney to present or participate in issuing criminal charges in order to gain the upper hand in a civil case.

There are three preconditions that a lawyer must meet before he or she can raise the prospect of charges. When an attorney meets these preconditions, he or she is not violating their professional conduct code.

The preconditions are the following:

  1. The charges that will be placed on the offender must be related to the civil matter at hand.

The attorney must not charge a criminal offense that is not related to the civil matter that is being discussed. If an attorney charges false allegations against the offender, he or she is violating the professional conduct code and the trust that is given to them by the state, and therefore he or she may be penalized for such actions.

  1. The attorney must conclude that the legal lawsuit and criminal charges are based on merit in relation to the law.

If an attorney makes a claim that is not merited can result in a potential counterclaim of allegations of embarrassment by the offender who received the cease and desist letter. If the attorney acquires evidence that violates the rights of the offender, he or she may be convicted of violating their professional conduct code.

  1. The attorney must not make use of improper influence on the criminal process.

If an attorney attempts to influence the legal outcome of the case by using illegitimate means such as bias, duress, and fraud, he or she may be found to have tampered with the legal system. If an attorney tries to do such an inappropriate activity, he or she will be found in violation of the professional conduct code and will be penalized accordingly.

When should a cease and desist letter be made?

Cease and desist letters are usually made when an organization or an individual has committed a certain offense that violates specific arrangements made before conducting a certain activity. Here are some of the offenses that push an offendee to write a cease and desist letter.

Intellectual Property

If an individual or organization duplicates a product that is under trademark, copyright, or patent without proper permission from you, you may write a cease and desist letter to ask them to stop using your product.

Harassment

If an individual continuously contacts or threatens you, you may write a cease and desist letter as a warning. It is written in law that a person cannot harass, oppress, or abuse anyone in a bid to collect an outstanding debt. If the harassment continues, you may go to a court of law and request them to issue a cease and desist order against the offender.

Character defamation and libel

If an individual or organization makes false comments or allegations against you that may harm your reputation or business, you may write a cease and desist letter.

Contract Violations

If an individual or organization violates certain rules, conditions, and agreements stipulated on a written and signed contract, you may write a cease and desist letter.

How to fill out a cease and desist letter?

Recipient’s name

Enter the name of the person you are sending the letter to.

Address

Enter the recipient’s address.

City, State, and ZIP

Enter the city, state, and ZIP code of the address of the recipient.

Date

Enter the date when the letter is being written.

CONTENT OF THE LETTER

Write the name of the recipient of letter.

In the first line of the letter, provide the reason or the offense that the offender has committed.

The next line of the letter states that if the offender does not stop the activity, you may file a lawsuit against the offender.

The next line of the letter states that if the offender continues the activity, you may ask for a temporary restraining order from the District Court against the offender and to any companions involved in the activity. You may also ask for monetary damages that you have to prove during the trial.

The last line of the letter states that the offender will not receive another warning letter and if the offender does not respond and confirm in writing on a specified date. Provide the day, month, and year of your choice. If the offender does not respond within the specified date, you may file a lawsuit against him or her immediately.

Signature

Provide your signature.

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