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A Cease and Desist Letter is a formal warning to an individual or corporation to stop ("cease") and not continue ("desist") any offensive or illegal activity. The letter explains why such activity infringes on the sender’s rights and gives the recipient a period of time to voluntarily comply with the demand. The letter also says that if the recipient fails to comply within the given period, the sender is prepared to pursue appropriate legal remedies (i.e. file a complaint in court).
There are no special legal requirements to send a Cease and Desist Letter but it’s best to use a mode of service where you can trace whether it was received or not (i.e. via courier). Further, it’s advisable for you to save copies of the letter for yourself in case legal action is pursued later on.
A Cease and Desist Letter is useful in any of the following instances:
While a lawyer is not required to sign and send the Cease and Desist Letter, a lawyer’s services will be necessary if the recipient fails to comply with the letter and the sender is forced to take legal action. In such cases, the sender should seek a lawyer’s advice on the next appropriate legal action to take.
A Cease and Desist Letter is an easy and cheap way of demanding the recipient to stop performing an illegal or offensive act. Sometimes a letter is all that’s required to resolve the dispute and prevent it from becoming a full-blown court case, which can be both costly and lengthy for everyone involved.
Further, if a case is eventually filed in court, a Cease and Desist Letter shows that you exerted earnest efforts to amicably settle the matter. You gave the recipient an opportunity to voluntarily desist from the illegal or offensive behavior.
To create your Cease and Desist Letter, you’ll need the following minimum information:
The document costs PHP 350 for a one-time purchase. Once purchased, you have unlimited use and revisions of this type of document.
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