Cease and Desist for Harassment
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FAQ
Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.
Can I Write a Cease and Desist Letter, or Must I Hire an Attorney?Anyone (whether the complaint is well-founded or not) can send out a cease and desist letter. However, there are reasons why you may want an attorney who specializes in copyright laws at least review your letter before sending it out.
Collection agency harassment. Trademark or patent infringement. Harassment (e.g. slander, libel, and defamation) Copyright infringement (of original web content, music, video or audio, etc.)
Once you receive a cease and desist letter, you have a few options to consider. Some of these may include: Agreeing to the letter's stipulations ceasing any illegal behavior as outlined in the letter. It's within your rights to respond with a refusal or request for more detailed information.
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. You might even think you are out of danger.
A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.The sender should keep a copy of this letter and, if possible, mail the original using certified mail with a return receipt requested.
Even if action is demanded or required by the sender, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.
Yes, anyone can send a Cease and Desist Letter. You do not need to hire an attorney to write one for you. An attorney, however, can help you determine whether your rights have been violated and if you have enough grounds to pursue legal action.
Start by telling the person that you don't like the behavior and asking them to stop. If the harassment doesn't let up, take measures such as involving the police and increasing your security. In some circumstances, you might need to file for a restraining order to keep your harasser away.
