The goal of a Cease and Desist letter is to send a strong message to the opposing party and convince them to take or stop certain actions (be it to stop slander, defamation harassment, etc) before they have to face legal action and possibly be responsible for the court and attorney fees. Let’s review some important points to consider if you are wondering how to write a cease and desist letter yourself.
Legally, any person can write and send a Cease and Desist letter to another party. However, in reality, it’s recommended that individuals seek an attorney who can write a cease and desist letter and send it using his/her law firm letterhead. This will guarantee that the letter is taken seriously and professionally written.
How to write a cease and desist letter?
- Letter tone
First and foremost, the writer is to watch their tone used in the letter. It is not recommended and, more often than not, unsuccessful to threaten a lawsuit from the start. The letter should clearly state the writer’s intentions and requested action to be taken while being written in a gentle, yet firm, and respectable tone.
- Avoid empty threats
Similar to threatening a lawsuit up front, do not make empty threats in your cease and desist letter. If the letter threatens to have the opposing party in a courthouse by a specific date and time, the writer should be prepared to follow through with such statements. Without taking action on your threat, the opposing party will not take further communication seriously.
- Be specific on your demand
Finally, a cease and desist letter should not be vague. The writer should have clear and detailed reasoning and examples behind the demand. Cease and desist letters are serious and may lead to legal action down the road. By clearly stating your demands, the opposing party has a clear image of what is expected.
- Finish with a strong ending
It is important to end your cease and desist letter with a strong ending. It is recommended to briefly recap the wrong action that has been performed and the corrective action requested before additional legal measures are taken. Upon completion of the letter drafting, the sender will want to send the cease and desist letter by certified mail.
- Use certified mail
Sending through certified mail provides proof that the opposing party has received your cease and desist letter. Ultimately, it is optimal when the opposing party complies with your cease and desist letter. However, if the requested stopped-action continues to occur, it is safe to assume that the opposing party received your letter and is aware of your intent to pursue additional legal action.
It is recommended to speak with an attorney in regards to your individual needs for a cease and desist letter. Although, if you choose writing your own is the correct route in your situation, we are hopeful this article will give you clear guidance.