If a debt collector continues to contact you even after you send a cease and desist letter, file a debt collection complaint with FTC, CFPB, and your state's attorney general's office. Can we do that without naming or outing the sources who have told us about what she is saying? His response to the cease and desist letter is inadmissible as evidence if the matter goes to trial. I would want to talk with you further about the details before recommending a cease and desist letter as the best approach, but sending a cease and desist letter is certainly one option. from U.C. I recently ended a relatively short-term working relationship with my employer because of her hostile and aggressive attitude. hi-i have my business name trademarked. This can generally be accomplished during a one-hour meeting (which can be by phone). Whoever used the business name in commerce in a geographic area first has the common law trademark rights to that name in that geographic area. The owner also wants the three of us to sit down after she talks to her. as well escalating repeatedly on cell and work numbers harassing me at work . But the cheapest step is to first send a cease and desist letter that tells the party to stop or face the consequences. Im the only who is really persistant. The letters are being signed with my name In Pen.This is causing confusion for my clients, as most are aware Thea I had moved dealerships, and I wonder how many scheduled to go in, only to be told, I was no longer there. What further action can I take? I +1d this but I dont see where to download it. they removed the photo, and sent a response. I sent her a hard drive containing every file that she gave me to work with, along with a check for the total amount that she paid me to work for her (as she demanded I do in an email). What do I need to know about them? Yes, a cease and desist letter is an appropriate way to handle inaccurate information posted on a website. While these behaviors can happen anywhere, they most commonly occur in workplace settings between employees, for instance, or between an employee and a supervisor. . What are some other common mistakes people make? A cease and desist letter can be for any type of claim, including to stop defaming someone. . Owning a .com or registering a business with the Secretary of State does not give you trademark rights. The thing is the website says I still owe money and the girl I talked to knows this so she made a note about it. 1. The right way to deal with this is to send a clear cease and desist letter. hello . A cease and desist letter is the term that is given to those letters that are sent to people whom you believe are partaking in an activity that they shouldn't be partaking in (e.g. Well, its less expensive and aggressive than a lawsuit. There will be a number of other important factors. What can I do to make him give my jewelry back? Hi, a company called BMG Music Services claim to have sent to my home address a form to purchase 12 CDs for $2.50 back in 2006. I paid good money for their services from 2005-2009, and now suddenly this happens when my info is completely irrelevant to anyone wanting my old domain. In the event you fail to meet this demand, please be advised that [CLIENT] has asked us to communicate to you that it will contemplate pursuing all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorneys fees. Stop trademark and copyright infringement. Remember that its often the initial response by an offended party, so you must carefully consider how to respond. You may also use this lawyer in a lawsuit if the person doesn't cease and desist as ordered. This document is not filed in court but instead is sent to a business or individual to ask them to stop an illegal activity that is infringing on your rights. So here is a question. Thanks. Looks like the downloads are on the comments page and not the main page. I still have the original drawing I did as well as emails from the band asking for the deceptive invoice for it. The legal time limit for the creditor to collect on a debt has expired. You are welcome to contact my office if you would like to discuss your matter privately. In fact, a cease and desist letter is simply a written request that someone stop violating the law. please respond back right away, I brought furniture from a furniture store last year, 3 weeks after I brought it, I got laid off from my job and since then, I have been telling the company to come and pick up the merchandise since I dont have any income, well the company has been telling me per the agreement I will still owe them, which is find but if Im saying to please come and pick up the merchandise, why yould you try to set up payment arrangmeents if I have no income and is living with someone? It is often best to follow through with any legal repercussions listed in your letter to show that you are serious about protecting your rights. There are many advantages to sending a Cease and Desist Letter. Option 3: Have Someone Else Deliver The Letter. defamation ), usually because it represents a breach of contract or an infringement of some other right. A trademark is an essential piece of intellectual property that deserves powerful protection. We notified them and they took the image down. I know it will only get worse, shouting from her, etc. What are some common mistakes people make? What does the letter do? I recently filed a FLSA / Wrongful termination lawsuit against my former employer. Create Your Cease and Desist Letter in Minutes! A cease and desist letter can help in many situations. Your grandmother can, of course. If you've explicitly requested to cease all communications with you, the debt collector must stop calling both you and your family. Being that they use many services in the united states to advertise, take phone calls etc. CLICK HERE TO DOWNLOAD cease-and-desist-demand.doc. These statements can be incredibly damaging to your reputation and your bottom line. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request. You asked about what type of attorney to seek. Yes, you can send a cease and desist letter. Depending on the situation, writers will include evidence of the behavior and specify what law was violated. But if you receive an unfavorable response or your letter is ignored, it is likely time to take the legal action you threatened in your letter. If you receive a favorable response to the letter, negotiations may be possible with the other party. I recently found out from an investigation that a law firm conducted that my previous employer was not giving me a good reference for potential employers. This caused her to panic. An attorney would be happy to analyze your situations circumstances and advise you of your legal rights and options. This includes telephone calls, texts, email or other electronic communication, letters, cards, gifts, and personal visits. If you are concerned about it, I recommend you see an attorney to analyze the circumstances. Is sending them a cease and desist letter ok? In general, there is nothing illegal about a creditor contacting a debtor about collecting on a debt. Dear Ms. Suich: We are writing on behalf of our client, Empowerly College Counseling (hereinafter "Empowerly" or "Company") with regard to certain obligations you owed and continue to owe to Empowerly. This is essentially an attempt to stop libel and slander without going to court. Harassment can take multiple forms and can occur even when you and the harasser are not in the same state. Slander means defamatory comments someone says to another person or persons that are harmful to your reputation. Note: A cease and desist letter is the first of many consequences that may arise from infringing on someone elses copyright. Really, a cease and desist letter should state the type of illegal activity thats occurring, the reason its illegal, so the contract or the law that establishes its illegal, and then where do we go from here? Answer (1 of 7): If you don't have a complaint on some legal ground, such as harassment, that's not an option. Reply myeyeballhurts Additional comment actions of course, gram was the one who asked if there was anything we could do Reply Hysterymystery Additional comment actions Perhaps they have also been harassing your friends, family members, or neighbors in person, through incessant calls, texts, or on social media. How can I stop them from ruining my professional name with such lies? It really should come from an attorney. Missing Persons. I dont trust mgmt to do the right thing. I recently refused to sell part of my property to my neighbor and since then, he has been distributing letters throughout the community with false and demeaning information about my wife and I as well as my parents. I was never provided a copy of the letter by the neighbor, only through those which have received it. Copyright Cease And Desist Letter Template, Copyright Infringement Cease And Desist Letter Template: Sample Form, Defamation of Character Cease and Desist Letter Template, Trademark Infringement Cease and Desist Letter Template, Copyright Infringement Cease and Desist Letter Template, Harassment Cease and Desist Letter Template, Cease and Desist Letter Template to Stop Debt Collection, Breach of Contract Cease and Desist Letter Template. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. What kind of trademark infringement occurred? Hi Aaron, A cease and desist letter is just what it sounds like - a letter. We have contacted the site that these posts appear but they have ignored our requests to have the posts removed. He is a non-US resident, and is willing to comply with this. She holds both an M.A. Your letter may make it clear to the debt collector that they may be liable for legal action against them if they continue to contact you. Consult an attorney if you need legal advice about a creditor's possible . A cease and desist letter would not be appropriate for a demand for payment. I hand-drew/created an original logo for a band that they immediately approved( without input or changes) and printed on merchandise, promo items, their website, posters/flyers for shows and social networking sites, drum kit, album artwork, animated version of the logo, and stage props, etc. Common uses for a cease and desist letter In many cases, a Cease and Desist Letter may be all it takes to prevent any further infringement of your rights. But again, anybody can send it because its a letter. Make sure to have all your factual details written since an attorney will need them to prepare the cease and desist letter. [emailprotected]. My question is this, when I write my Cease and Desist letter to BMG, can I state that I was a minor therefore this should not apply to me? However, a cease and desist letter could be sent to an accomplice, who may be unknowingly aiding or abetting the illegal act. I run a small game console and iphone/ Apple computer repair business. The letter may also warn of legal action that the sender plans to take if the recipient doesn't abide by the request. Since someone doesn't commit libel or slander until the damage is done, the idea of a defamation lawsuit is to get reimbursement for the damage the lies have already done to your reputation. When should you use it? Read More: The Proper Way to Serve a Cease & Desist Letter. c/o Shawn Meaike, CEO . You should set a period of time in which the offender must respond. If you decide to write your own letter, the tone should be formal and legally intimidating. This is often the first step toward taking a person or party to court should they continue to infringe on your copyright, trademark or patent. I regularly have people / companies copying my content on my website. Yes, a cease and desist letter is an appropriate first step. A cease and desist letter is used to stop an individual or entity from continuing a specified action. In closing, your mismanagement of my money was due to carelessness and recklessness and the claim that you had safeguards in place to protect against large losses were obviously not true. The recipient was upset to receive it for she is a friend of mine. I would hesitate to give any advice regarding your situation without knowing all the details, so the only advice would be to see an attorney if the problem gets serious enough to justify the cost of an attorney. All Takhar Group can tell me is my first and last name and my home address, which have not lived in for 5 years. Recently I had someone download a private sensitive message via fb. You should be able to recognize exactly who is responsible for the actions. You have a return receipt proving that the other party received your letter. This problem goes beyond a cease and desist letter. Im Aaron Hall, an attorney in Minneapolis, Minnesota. Violations can result in significant penalties against the debt collection agency if it does not comply with the FDCPA. It is really bad. Cloudflare Ray ID: 7a29f7103d177815 While employed with , you were privy to valuable and highlyEmpowerly confidential Not just stating the legal doctrine, but also giving some examples of whats occurred. Your lawyer can respond with a request for additional information or with a refusal. Fax: [FIRM FAX NUMBER]. When I was out having dinner with my mother, he stole all my gold and diamond jewelry and refuses to give it back. ceasing the behavior outlined in the letter (if youre clearly in violation), replying with a letter explaining why you wont comply with the letter (if youre not in violation), or. I have reported her to mgmt/owner several times but the owner informed me she never addressed this person because its hearsay. If you have been on the receiving end of unwanted advances or sexual harassment, for example, preparing and sending a Cease and Desist Letter to the perpetrator documents the abuse and formally requests that it stop. I want to go further than cease/desist. Well, its a mistake to not have it sent by an attorney because it just doesnt look professional, and if the whole idea is to demonstrate that youre serious about something, sending it on your own letterhead probably doesnt accomplish that. An ex-employee of has published posts on a industry related web site stating that one of the partners has false credentials, that we are conducting illegal activities. Several times we have asked them to remove these items from their portfolio. We have always been respected within our community and my wife is co-owner of a business within the area as well and now people are avoiding us and talking about this letter. Can you provide some instructions on the page as to how this works? But if they spread a false story about other aspects of your life, your personal or professional reputation might be at stake. It is essentially a written demand that the person or company stop defaming you or else face serious consequences. The debt they are trying to collect is not your debt.