Gone are the days when copyright infringement or the cases of harassment were bandaged and only heard if a high profile is involved.
No matter how long you have been experiencing harassment or copyright infringement, you can opt to send a desist or cease letter to the offender.
Generally, letters are relatively easy to write, and more often you don’t need to hire an attorney to do it for you. But you should contact a government agency or court before preparing a cease letter to continue with the legal process. In today’s article, we will provide you details about how to get a cease and desist letter.
What is a cease and desist letter?
A cease or desist letter enables a business, organization, or individual to halt any activity, that is considered harassment. For instance, a court has the right to issue such an order if it finds any party breaching the contract, using the trademark, or harassing another party to collect debt amount, rental income, and other dues.
There are several reasons why someone prepares a cease or desist letter. These letters are widely used to intimate someone formally that the said person has been convicted of an activity that is deemed illegal and constitutes violation of the rights in the eyes of the victim. It warns the offender to stop the activity, or face the implications in court.
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
The body of the cease and desist letter should be effective. It is recommended to use actionable language to inform the offender regarding potential legal repercussions.
For example, attorneys tend to use this proverbial exclamation ‘Govern yourself accordingly’ in their closing statement that indicates the willingness of pursuing actions – whether criminal or civil – in the court if the said requirements are not met.
If the offender refuses to agree to your requests and continues to harass you, then there are several options that you can avail. But before you jump onto that, do remember that you should not draft a letter that is offensive or is too aggressive.
This is why you should not cross that fine line between actionable and offensive language while drafting your cease and desist letter. It must be clear enough to hold the offender’s attention but not overly aggressive.
Delivering and enforcing of cease and desist letter
As 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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