Cease and Desist Harassment Letter Form

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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. Examples of harassment include, but may not be limited to, repeated phone calls, text messages, electronic messages of any kind, and oral exchanges. These remarks, regardless of their form, are usually combative or threatening in nature. This letter should include what may happen if the recipient does not put an end to their behavior. The sender should keep a copy of this letter and, if possible, mail the original using certified mail with a return receipt requested. If a lawsuit eventually arises, a copy of the letter and the proof of mailing may become instrumental in proving the claim of harassment.

What is a Cease and Desist Letter? 

A cease and desist order is used to stop a certain behavior or a certain activity, in this case, trademark infringement. Trademark infringement is when a party is using a registered trademark for another company as their own. This form will serve to formally request that this company or business will cease using the registered trademark.

This order will need to have a substantial amount of information regarding the current trademark infringement. Additional records or documents that demonstrate proof of these activities can be included with the cease and desist request.

Because a cease and desist order can lead to lawsuits or disputes, it is important to have one filled out professionally and accurately. Legal counsel can assist you in completing a trademark infringement cease and desist letter for your company or business.

Other Names for a Cease and Desist Letter

Cease and desist letters are also referred to as Cease and Desist Forms, Cease and Desist Letters, and Stop Harassment Letters.

What is a Cease and Desist Order?

It is important to note that a cease and desist letter differs from a cease and desist order, and the main difference is in terms of legality. A cease and desist letter is just that, a letter, which has almost no legal weight. A cease and desist order, however, does carry legal standing that must be adhered to, otherwise, the defendant can face legal repercussions. Cease and desist orders are generated by the court and serve as a temporary injunction until a trial can be held. A permanent injunction may be ordered at the conclusion of the trial.

What is a Cease and Desist Harassment Letter?

A cease and desist harassment letter confronts the harasser, letting them know that they must immediately put an end to their behavior. Harassment can include intimidation, showing up to one's home or workplace uninvited, and using tactics to publicly embarrass an individual.  

What are the Uses of a Cease and Desist?

By FormSwift Editorial Team
August 14, 2018

A cease and desist can be used for many varying reasons. See below for some of the most common reasons why one would send a cease and desist.

Trademark, Copyright, and Patent Protections

  • A cease and desist may be used if someone is infringing, or illegally using, your copyright or trademark. This letter or letter may be used as a formal request to get them to stop using your material. This is often the first step toward taking a person or party to court should they continue to infringe on your copyright, trademark or patent. A cease and desist does not, in any way, waive or hinder your legal rights to take an infringer to court. Even if the receiving party immediately complies with your cease and desist, you can still sue for monetary damages, as patent infringement,  copyright infringement, and other use of your intellectual property can cause significant loss to your company or business.

Debt Collectors

  • Debt collectors working with a collections agency have often resorted to ruthless, and illegal activity to get debtors to pay. No matter how much you owe, you are still entitled to harassment protections. Debt collectors often love to harass those who answer the phone, using profane or threatening language in attempts to intimidate debtors into paying. Debt collectors have even been known to publish non-payment information, while also refusing to identify themselves when they call. Debtors have often received harassing phone calls early in the morning, and late at night. However, all debt collectors are held to the Fair Debt Collections Practices Act (FDCPA) and must adhere to the conduct outlined in the code. A cease and desist letter can remind debt collectors of the laws that they must abide by, putting them on notice that they must end all harassing behavior. Once you send a cease and desist to a debt collector, they are only allowed to contact you one more time to notify you that they will no longer contact you, however, be careful when pursuing this route. Since debt collectors may no longer contact you, they may decide to take legal action and proceed to take you to court. If you take this route, be sure that the debt is either not yours or the statute of limitations has run out on the debt.

Character Assassination, Libel or Slander

  • Cease and desist letters can be used if someone slanders your name either in print, verbally, or otherwise, that affects your ability to engage in gainful activity. For example, if someone were to go on the internet and write that you engage in unlawful business practices, and these claims are false, that is slander or libel. If someone verbally tells business partners or anyone else false information about you that can affect your good reputation, that is considered character assassination. All three are punishable under civil law.

Breach of Contracts and Agreements

  • Sometimes if someone violates a contract or agreement, it is necessary to send a cease and desist to notify or remind them that they are in violation of their agreement with you. Damages for the violation of a contract or agreement are often settled in court, should you wish to proceed. For this type of civil claim, it is important to have all evidence in order that supports your claim that someone has breached a contract, even when sending a cease and desist. Simply speculating that a contract has been broken, or sending a cease and desist because you heard someone violated a contract without the proper evidence and legal documents (such as the contract itself) to support this claim will not only violate your attorney's code of conduct but will also open you up to potential legal backlash.

Harassment, Stalking, Invasion of Privacy

  • Harassment can include slander, showing up to one's home or workplace uninvited to provoke, anger or assassinate their character. These types of offenses, including invasion of privacy, can be personal or toward your business or company.

Property Boundary Encroachment

  • Boundary encroachment generally occurs when a neighbor, usually the owner of the adjacent land, builds something that protrudes into your property’s boundaries. Examples generally include pools, fences, or gardens that cross your property line. Sending a cease and desist to a person who is encroaching across your property line is a way to send a firm message in attempts to stop the encouragement, however, being that this person lives in close proximity and is, in fact, your neighbor, it’s advised to try to have an informal conversation with them before sending a cease and desist.

Components of a Cease and Desist Letter

Preconditions for a Cease and Desist

Lawyers are bound to a specific code of conduct which prevents them from participating or presenting the issuing of criminal charges to gain advantage in a civil case, such as a cease and desist case. This code (the ABA Model Rules of Professional Conduct) states that three preconditions must be met in order for an attorney to proceed to raise the prospect of charges without violating this code.

  1. First off, the charges being pushed by the attorney must be directly related to the civil matter at hand.
  2. The attorney must believe that the civil charge, such as the cease and desist case, are based on the relation of the law. In other words, the claim must be supported by evidence that the defendant clearly violated the law.
  3. An attorney may not attempt to influence the legal outcome of a civil case. This even means that the lawyer may not include any wording in a cease and desist letter that says that adhering to the letter would prevent any further legal action. Stating this would insinuate that the attorney has the power to prevent or enforce legal repercussion against the receiving party.  

Why should I be cautious about sending a notice?

Sending a cease and desist notice is no light matter. Sending such a notice under the wrong circumstances, or issuing threats in such a notice can lead to legal trouble for the sender, resulting in possible extortion, blackmail, or other criminal charges. If the notice turns out to be false, the receiving party can sue for damages, stating that the cease and desist notice is, in itself, defamation.

Components

Though the legal jargon of each case and desist may vary, the core components are fairly the same. The different components are as follows:

  • Information of both parties
    • This includes names, addresses and phone numbers (if available)
  • A clear description of the activity that prompts the letter
    • This is where the infringement, encroachment, or harassment is described
  • The time frame the receiving party has to respond before further action is taken
    • This is the number of days upon receipt they have to respond to your notice
  • Proof
    • This is where supporting documents that back the cease and desist are included

When should you send a Cease and Desist?

You should send a cease and desist notice when you want to issue a formal warning to a person or entity who you wish to stop certain behavior. Cease and desist notices often compel violators, infringers, or harassers to stop their activity, and greatly increases the likelihood that formal legal proceedings will not be necessary. However, it is important that you have clear, legal evidence that this business, person, or entity is violating civil law before you send a cease and desist, as "jumping the gun" or sending a baseless cease and desist can open you up to legal repercussions.

Do I need a Cease and Desist Letter?

Cease and desist letters are not always necessary. Many times, if someone is infringing on a copyright or trademark, or encroaching on someone’s property, an informal conversation is all that is needed to put an end to the conflict. However, when the person does not stop the infringement or encroachment, a cease and desist is often the first step when moving toward legal action against them. Oftentimes, a cease and desist notice ends the conflict, however, if it is not successful, it serves as a formal notice letting the recipient know of potential legal proceedings against them, adding weight to their further disregard for infringement or other legal violation.

Sample Cease and Desist Harassment Letter

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Sample Cease and Desist Harassment Letter

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