Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
Clark Nevada Cease and Desist Letter
Category:
State:
Multi-State
County:
Clark
Control #:
US-MC-0005
Format:
Word
Instant download
Description
How to fill out Cease And Desist Letter?
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FAQ
"Can I send a cease and desist letter to a person via text message , email , etc? Online in general ?" Sure. But it will probably be ignored no matter how you send it...
A cease and desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop the activity.
A cease and desist letter has legal power but is not legally binding. It can be considered harassment if the wording is too aggressive or offensive. If you make unsubstantiated legal claims, state untruths, or attempt to intimidate the recipient, you might find yourself in legal hot water.
Either way you dice it, these letters can be very scary to a non-lawyer and should be given the utmost respect, at lease until you know for sure whether the claims in the letter are legally valid. That being said, a cease and desist letter has no legal significance.
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.
The elements of a cease and desist letter are rather simple: 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.
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.
Cease and desist letters are serious and can lead to major action down the line. In most cases, an email or call for someone to stop what they're doing is enough. It's only after that that a letter is the way to go.
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.
Every cease and desist letter requires the same basic contents, such as: Your name and address. The recipient's name and address. A demand that the recipient stop the unlawful behavior. Sending the letter via certified mail, return receipt requested.
