Writing a Cease and Desist Letter

A cease and desist letter is a formal demand from one party to another to stop an activity or take action immediately. This letter is typically sent before the aggrieved party files a lawsuit for damages.

If you have an issue with someone you believe violates your rights, something illegal, or some unlawful act – then a cease and desist letter may be in order. The letter notifies the other party or individuals that they are violating your rights or some applicable law and demands they cease their unlawful act immediately.

Sometimes, cease and desist letters are issued to stop other actions that may not be necessarily illegal but should be stopped. For example, you may want a contractor, business, or just generally a person to stop an activity causing undue harm to you or your business.

 A cease and desist letter will also request that the party or parties continue their unlawful activity. In this situation, they may already know what they are doing is unlawful, but some people don’t care.

The cease and desist letter should be written to be as specific as possible. Some things that you might want to think about including in the letter:

• Your name and contact information

• Their name, contact information, and the location where they are conducting their activity or violating your rights.

• The category of law being broken (contractual, legal, statutory, etc.)

• The time frame for which you must stop the activity.

• Details of the alleged unlawful activity.

• How you plan to enforce this letter.

Legal Considerations when writing a Cease and Desist Letter

You have no right to threaten an individual or business into complying with your demands. However, you have the right to request that they cease their illegal transactions, activities, or infringements. When writing a cease and desist letter, you must provide valid reasons for your claims. Even though you will probably send this letter before filing a lawsuit, you still need to have all of your pertinent information and data organized and professional.

It is also very important that if you are requesting that someone stop an activity, as in a cease and desist demand, they understand what needs to be done and know when they need to do it. This is why a written agreement can be very beneficial.

If the letter is sent to the person or party that has violated your rights and acknowledges the letter, you should expect them to stop their unlawful activity immediately. Suppose the letter is sent to someone else telling them about an activity that you believe has somehow infringed upon your rights. In that case, that party may have some questions regarding why you have chosen to highlight this particular activity in particular.

For more information, please visit https://form-depot.com/cease-and-desist-letter.