You’ve got questions? We’ve got answers…
Do I need a lawyer to create and send a Cease and Desist letter?
No! Cease and Desist letters are not legal documents. While some people choose an attorney to write and send their letters, it’s not required.
However, if your Cease and Desist letter is ignored, you need to make the decision on whether to start further legal action.
How should I send my letter?
We recommend sending any Cease and Desist letter using certified mail (or any delivery service that requires the recipient’s signature), so you can ensure it was delivered.
How can I best use a Cease and Desist letter?
A Cease and Desist letter is the first step in protecting your legal rights.
If you have a dispute, you can use a Cease and Desist letter to outline possible consequences and legal repercussions for the other party. Examples include if your intellectual property rights have been violated (ie. patent infringement, copyright infringement, etc), you’re the victim of defamation or harassment, or you have a civil dispute with a landlord, tenant, neighbor, etc.
More often than not, a simple Cease and Desist letter is all it takes to resolve your conflict.
Is a Cease and Desist letter enforceable?
Cease and Desist letters are not legal documents, and thus aren’t enforceable in court. However, legal proceedings can be extremely time-consuming and expensive, so a demand letter is a good first step if you want to avoid legal action and/or start settlement negotiations.
If you need to take the next step to enforce your rights, you will need to start a civil claim and initiate court proceedings with a lawyer.
How is a Cease and Desist letter different from a Cease and Desist Order?
A Cease and Desist letter is a document that is written and sent to a third party in an attempt to get them to stop a specific action. These are not legal documents and are not legally binding.
A cease and desist order is an order made by a court, government agency, or regulatory body that is enforceable. These desist orders are typically part of some legal action taken against you.
The recipient refuses to comply with the letter. What’s next?
Sometimes, the recipient will choose to ignore the letter or respond in a less-than-ideal way. In this situation, you have to decide if you would like to pursue legal action and file suit against them.
Can you provide me with legal advice?
Although we are Cease and Desist letter specialists, we are not lawyers nor are we associated with a law firm. We cannot provide legal services or advice. This means we are not in a position to provide legal information nor are we legal professionals. You should not consider any of our interactions to be professional legal advice.
I started my letter but was redirected to another site. Why?
At Cease & Desist Services, we partner with various companies that provide the technology that makes it easy to create Cease and Desist letters. This includes companies like LawDepot and RocketLawyer. As this site is reader-funded, we may receive a small commission when you make a purchase and we use those funds to keep this site online.