Florida Cease and Desist Letter

State:
Multi-State
Control #:
US-MC-0005
Format:
Word
Instant download

Description

Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.

How to fill out Cease And Desist Letter?

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FAQ

Don't panic But don't panic your receiving a cease and desist letter does not mean that the sender is taking you to court. The sender may threaten legal action if you don't comply with their demands, but it does not always mean that they will start legal proceedings.

What Is a Cease and Desist Letter? A Florida cease and desist letter is a written document from one party to another that demands the offending party discontinue a particular action because it violates the legal rights of the sending party.

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter. The attorney also knows the correct language to use.

Cease and desist letters are pretty self-explanatory. They are letters that demand the recipient stop taking actions that interfere with the letter writer's rights. A cease and desist letter is not a legal document. But it is a notice that a claimant feels something is wrong with what the recipient is doing.

Talk to an attorney. Many cease and desist letters contain legal arguments and cites to statutes. A good attorney will review your records and the cited legal and authority to help determine whether the claims have merit. Then, the attorney can help determine the best course for handling the cease and desist letter.

If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away.

By Belle Wong, J.D. While a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way.

The most common situations where a cease and desist letter before action is required are: IP breaches such as breach of copyright, passing off, unlawful use of trademarks or designs or inventions.

While a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way. Such documents are easy to write and, unless you hire an attorney to write them, usually quite cost-effective.

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Florida Cease and Desist Letter