Lawpath - Cease and Desist Letter
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- Cease and Desist Letter
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Legal documents can be tricky to get your head around, especially if you can't afford an in-house lawyer or hourly legal fees. We've put together a simple how-to for Cease and Desist letters in Australia, so you can write a letter to suit your situation.
A Cease and Desist letter is a formal request, sent to a business or individual that is partaking in unwanted or illegal behaviour. It is a simple letter asking them to stop and to no longer continue engaging in a certain activity.
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A Cease and Desist letter should be used as the first step to asking the recipient to stop a particular activity or risk legal action. Some of the most common ways a Cease and Desist letter is used is to stop the following:
The most important thing to include in a Cease and Desist letter is a clear and concise description of the offending action taking place and a time frame for the recipient to remedy the situation. Secondly, it should make clear to the recipient that the goal of this letter is to stop the offender carrying out the action and stating that further legal action will be sought if it does not stop.
A Cease and Desist letter should use neutral language, with no empty threats or threatening language. Remember, this is a gentle warning to the recipient, not a letter to threaten harsh legal action. Be sure not to include any vague language to make your intentions as clear as possible.
Whereas a Cease and Desist letter requests that the recipient stop carrying out a certain action, a Letter of Demand is a formal notice that requests the recovery of debt. This can be in the form of goods, services or payment.
Although the recipient of a Cease and Desist letter is not under any legal obligation to comply with requests, these letters are taken seriously by most businesses and individuals. Cease and Desist letters sent by lawyers tend to carry more weight and often prove to be the most effective.
If the time frame in the letter has elapsed and appropriate actions have not been taken by the recipient, the sender is permitted to take further legal action, including sending further Cease and Desist letters, filing a lawsuit or filing a temporary restraining order.
While having a lawyer draw up a Cease and Desist letter for you can be beneficial, you do not need a lawyer to send the letter. Anyone can send out a Cease and Desist letter at any time. You may want to consider having a lawyer suss out whether your letter has grounds for legal action or if you want to add weight to your letter in court.
A Cease and Desist letter should be clear and concise. Using these guidelines and the sample below should put you in good stead for creating an effective letter.
Your Cease and Desist letter must include the following:
There are plenty of online resources available that provide Cease and Desist templates. Simply download the template, fill in the correct information for your case and send it on. Here's where to find them.
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