When you are experiencing any infringement of your copyright or harassment, you can consider sending a cease-and-desist letter. It will be a good option that is available to you. It is very easy for you to write up this letter. You will never need to hire a professional attorney to serve this letter.
You can use it for helping you communicate with the offending party before you can continue the legal action. However, you need to know all details from this letter, so you can get the most benefits from this type of document.
So, if you want to know more about a cease-and-desist letter, you found the right article!
Types of Cease-and-Desist letters
In many cases, the cease-and-desist letter will be an appropriate action for asking someone to stop engaging in any activities that will violate your rights.
There are some common uses of this option, including: stop harassment from the debt collectors, slander or liber, copyright and trademark infringement, and personal harassment.
Different people may use this option for different situations that may occur in their life. Therefore, you have to take a look at your situation when creating this letter for helping you in this situation. You may want to add some elements to the letter depending on your case or situation.
Some basic details that should be included may cover your name, contact information, the person or business who will be asked to stop the behavior, specific activities that you want them to stop, warning to continue to the legal action, and also the deadline to offer the solution.
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How to present it
There is no specific method for delivering this document. It is not a legal document, so you are allowed to write and also send the document yourself. There is no need of hiring a legal professional or attorney for helping you with the creation of this document.
You don’t need to hire an attorney for writing up this document for you. Everything can be done from your home or office, so you can be the one who is responsible to write and serve this letter.
The way you deliver the document can depend on any situation or factor. You can serve the letter via e-mail, mail, an attorney, and also in person. You have flexibility when choosing the right delivery option for sending this document.
However, you need to keep a record of delivery and also the receipt by the offending party. This can be used as proof when you want to continue taking legal action in the future.
It is highly recommended for you to send the document via certified mail. This option allows you to have a record of delivery. It also allows you to have a signature confirmation for receiving this document, letting you get an immediate response from the offending party.
It will be helpful for you to follow up with the offending party via some other resources, such as e-mail or phone. You need to confirm that the letter was received and ask them how they are going to remedy the situation. This follow-up procedure is very useful to accelerate the negotiation process between you and the offending party.
Difference between the Cease-and-Desist letter and Order
Many people use the terms of letter and order interchangeably, but you need to take a look at the difference between both terms. The letter has no legal standing in the court, it is only a warning and a request to the offending party to stop their action.
If the offending party continues their action, you may want to continue to the cease-and-desist order. This is usually granted by the court. The order will require the offending party to stop their behaviors until the trial can be held.
Serving a cease-and-desist letter will be an accessible option for you who are experiencing any offending behavior from other parties. It will be a powerful tool that you can use to protect your legal rights and your business.
However, you need to prepare everything properly, so you can write up this document properly for preventing any other unwanted issues that may occur in the future.