Why do you need to use a Cease and Desist letter?
A cease and desist letter is typically used to put the breaching party on notice of their violation or breach. It also puts the breaching party on notice that if they do not cease the activity, a lawsuit will follow.
When do you need to use a Cease and Desist letter?
A breach of contract cease and desist letter should be sent when the other party breaches any part of the contract. It’s a “last resort” option and serves a final notice to the breaching party that if they fail to comply with the letter, legal action will be commenced.
Are there any deadlines or times when a Cease and Desist letter is needed?
As soon as the other party is in breach, it is crucial to prepare a cease and desist letter. The continued violations could accumulate more damages. Once you are aware of the breach you have a duty to mitigate damages and notify the other party of the breach and allow them an opportunity to cure before proceeding in the courts.
What are the main things that go in a Cease and Desist letter?
The breach of contract cease and desist letter should include the date you intend to mail it. Be sure to mail it via U.S. certified mail just in case you do have to file it with the courts, you will be able to show your efforts to 1) mitigate your damages and 2) providing the breaching party and opportunity to cure. You can also send it via email, but be sure to follow it with a copy being sent certified mail.
You will need to identify what type of contract the other party breached. This is typically found in an employment contract between an employer and employee where the employee was bound by a non-compete agreement and violated it by working for a competitor. Another example of a breach of an employment contract is violating the confidentiality clause by leaking the company’s trade secrets or other protected information. There are other types of contracts this type of correspondence applies to as well.
Include the date the contract was signed by the parties and plan to include a copy of the executed contract with the ceased and desist letter. Be sure to also include a brief description of the breach (i.e. nonpayment, breach of non-compete, non-performance).
Lastly, set a date to where the recipient is to respond by before you will continue to file an action. Provide your contact information where they can best reach you.
What are the most common mistakes to avoid?
One of the most common mistakes is not to mail the cease and desist letter via certified mail. It is important to know the date and confirm the property party was served. That way, if you have to file a complaint in court, you can show the Judge your valid attempt to cure the breach before filing legal action.
You should also remain professional and not be the “bully.” Your goal is to resolve the issue as to avoid lengthy litigation. If you are able to aviod legal action, you can save a large expense as well. However, a cease and desist letter shows the other party how serious you are about taking the matter to court if need be.
Include the recipient’s deadline to respond to the letter. Identify your contact information so it is easy for them to reach you. If you have a copy of the contract at issue, it is a good idea to also include a copy of that with the letter to highlight the specific breach.
Do I need to use a lawyer, accountant or notary to help me?
You can easily create a cease and desist letter without hiring any lawyer, accountant, or notary. Creating the form online can save you time and money. It can also cut out the hefty expense of hiring a lawyer.
What is the easiest way to create a Cease and Desist letter?
A cease and desist letter can be completed quickly on this site. Our process is convenient, easy, and efficient. You will be able to download the form as soon as you complete the questions, and your document will be tailored to fit your needs. You can also come back at any time and make any additions or revisions you see fit.
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