When to write a cease and desist letter?Nobody wants to be harassed. Any type of harassment is unwelcoming that tends to put the victim in fear for safety and security. The behavior of the harasser is often threatening and offensive that may disturb the victim. If you are experiencing one of the following kinds of harassment, then you should consider getting a cease and desist letter without any delay.
- breach of contract
- invasion of Property
- property encroachment
- copyright infringement
How to get a cease and desist letter?After considering your damages, if you believe that only a cease and desist letter will stop the unwanted action, then without wasting any time you should try to get a cease and desist letter. When you determine that you need to draft a letter, you should consider the following elements:
- include your and the recipient’s full name and address
- list down or explain your demands/requests to stop the actions/harassment
- send it through mail
Delivering and enforcing of cease and desist letterAs mentioned earlier, you should send your letter through the mail. You will get a certified return receipt via U.S. mail to ensure that the recipient has received it. You can also send the letter through email, if you know the offender will respond. What if the offender refuses to act upon your request? What are the options to enforce your request? In such a case, where the offender refuses to comply with the provisions of the letter, you can opt for a restraining order against him. The court will issue a restraining order against the offender to stop indulging in particular actions (that are deemed harassment), against you, else actions will be taken against the offender. This order is called ‘temporary injunction If the offender fails to respond on time, or continues to harass you, then the court is entitled to award a punishment that may include a prison sentence, a fine, or both.
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