A cease and desist letter is easy to write and may be written by anyone. An attorney doesn’t have to be hired for the writing of a cease and desist letter. The letter should state what action it is that the writer wants stopped, and the writer usually threatens to take other legal steps if the action continues.

A cease and desist letter is usually written to stop some type of action on the part of another person or organization. This action might include harassment by a creditor, slander, or the unlawful use of copyrighted material. The letter is usually sent when the writer believes that a judge would order the other party to stop the action if the matter went to court but the writer of the letter wants to avoid court action.

The cease and desist letter should identify the person or group that is taking the action the writer wants stopped. The writer should also specifically describe the action. Dates, times, and details should be included if possible.

Any laws that may be being violated by the person’s actions should be cited. This should be followed by a direct demand that the action stop, and a deadline should be given. This may be immediately in the case of harassing phone calls or within a couple weeks in the case of copyright infringement. What further actions may be taken if the actions continue should also be named. This is usually the threat of a lawsuit or criminal charges.

The cease and desist letter should not use abusive or profane language or make threats beyond those of following up within the legal system. The writer of the letter should remember that if further legal action were required, the letter would likely become part of documentation for lawsuits. This would make the letter a document that would be reviewed by the courts and would make it a part of public record.

The writer should write the cease and desist letter in the format of a business letter. The writer’s name and address, the recipient’s name and address, and the date of the letter should precede the body of the letter. The letter should include the writer’s original signature at the end, and the writer should keep at least one copy of the original letter.

It’s a good idea to send a cease and desist letter by certified mail. This will force the person to whom the letter is sent to acknowledge receipt. This will mean the person cannot claim the letter was not received should further legal action ever be necessary.