Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
West Virginia Cease and Desist Letter
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How to fill out Cease And Desist Letter?
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FAQ
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.
A cease and desist is a written notice demanding that the recipient immediately stop an illegal or allegedly illegal activity. 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 useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.
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.
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.
How to Serve a Cease-and-Desist Letter. 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.
Cease and desist letters can be sent through email, mail, and through an attorney. However you choose to send the letter, make sure that you have a receipt that shows it was delivered to the recipient.
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.
Hourly Rates for Cease-and-Desist Letters ContractsCounsel's marketplace data shows the average hourly rate for a cease-and-desist letter lawyer ranges from $200 - $350 per hour.
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.
