Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
Oregon Cease and Desist Letter
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How to fill out Cease And Desist Letter?
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FAQ
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.
Remember that, while anyone can write a cease and desist letter, a cease and desist order must be issued by a court or other entity with the legal right to do so.
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.
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.
Whether it arrives by post, email or someone showing up at your door with a personal delivery, a cease and desist letter almost always means some degree of trouble and expense. A cease and desist letter regarding intellectual property rights is often sent as a warning.
Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.
It may be an order or injunction issued by a court or government agency or a letter from an attorney. A cease and desist order or injunction has legal power. A cease and desist letter is not legally binding, although it is a formal step that may be followed by a lawsuit if the recipient ignores it.
Failing to comply with a cease and desist order means that the violator could pay civil fines or damages. In some cases, particularly those involving harassment, continuing harassing activities could result in jail time.
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.
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.
More info
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