Find out what an injunction is and how it can be used.
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What is a cease and desist letter?
Injuries prevent third parties from violating your rights and are often a precursor to legal proceedings. They may also include requests for further action, such as the publication of a letter of apology. These steps are a first line of defense. They usually aim to enforce legal rights without resorting to litigation.
What is in a cease and desist letter?
A cease and desist letter usually includes the following:
- A statement of your legal rights;
- Descriptions of the alleged violation of these rights;
- Steps the other party should take to correct the situation;
- Your intention to take further legal action, usually litigation, when the infringing activity stops;
- Possibly other requirements.
Why do you need an injunction?
Sending this letter will save you time, effort, and significant expense as an alternative to going to court. It can also avoid the bad publicity that often goes with strenuous lawsuits. It is therefore particularly useful for sensitive matters. In the event that the letter fails to convince the other party to end their offensive behavior, the court can take this into account and make a decision on costs against the party in subsequent legal disputes. Otherwise, these letters are a convenient and inexpensive way to resolve legal disputes.
When do you need an injunction?
Cease and desist statements can be sent if your statutory rights are violated. This can occur in situations where:
- You are being harassed by debt collection agencies. There are laws collectors must adhere to when chasing debt, and if they don’t, legal action can be warranted.
- Your copyright, trademark or patent has been abused.
- You have been defamed (someone has made statements intended to damage your reputation either personally or as a company);
- You are being harassed.
How do you send an injunction?
For your letter to be convincing, it must contain a legally correct statement of rights and allegations of infringement. It must therefore be written in the correct form by a qualified lawyer for the following reasons:
- Establishing the severity of the act. A lawyer can advise you on the strength of your causes of action. Putting false accusations in the letter can have negative consequences. Therefore, a lawyer can assess the chances of success by assessing the legal issues at hand.
- Write the letter correctly. A lawyer can draft the letter in a fair and comprehensive manner. A lawyer should cover all relevant issues to ensure that no legal rights are violated.
- Communicate formality. A cease and desist letter drawn up by a lawyer adds weight to the claims made.
There are services LawPath can provide for you. LawPath gives you access to a customizable and ready-to-use Cease and Desist Letter in less than 5 minutes. Alternatively, click the link below to speak to a LawPath advisor.