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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.
The sender and receiver's name and contact information. The date the letter was written. A clear, concise description of the infringing or harassing behavior or action.
No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
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.
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.
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.
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.)
A cease and desist letter does not have to come from a lawyer, and it does not need to be notarized.
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.