ClauseryCease and desist letter
A formal letter demanding that someone stop (cease) an activity and not restart it (desist), with a deadline and the action you will take if they do not. Used for defamation, harassment, IP infringement, debt-collection abuse and contract breaches.
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A cease and desist letter is not a lawsuit — it is a written warning that puts the other side on notice, sets out the facts, and tells them exactly what to stop doing by when. A clear, factual letter is often enough to resolve the issue without court; it also creates a paper trail if you have to escalate.
Use it for: defamation (libel/slander), harassment or stalking, trademark or copyright infringement, unauthorised use of your name or likeness, debt-collector harassment, breach of a non-compete or NDA, or persistent unwanted contact. Do not use it to threaten criminal prosecution you do not intend to report, or to demand something illegal.
What to include#
- Your details and theirs. Your name/address and the recipient's name and address. Send to the individual or a registered agent for a business.
- The specific activity. Describe exactly what they are doing, with dates, places and evidence (screenshots, URLs, messages, invoices).
- Why it must stop. Identify the law or contract that applies — defamation, trademark, copyright, harassment law, NDA clause, non-compete, FDCPA/consumer-protection.
- What to do and by when. A clear demand: remove the post, stop calling, destroy copies, pay the outstanding amount. Set a reasonable deadline (10–14 days is typical).
- Consequences of ignoring. State what you will do if they do not comply — pursue legal action, report to police/regulator, file a DMCA takedown, or commence proceedings. Only state things you actually intend to do.
How to fill it in#
Step 1: Gather evidence
Screenshot posts, save messages, record dates and witnesses. You will reference these in the letter.
Step 2: Identify the correct recipient
For a business, send to the registered agent or legal counsel. For an individual, send to their last known address by tracked mail.
Step 3: Draft the letter factually
Stick to facts and dates. Avoid insults, emotional language or legal threats you cannot carry out.
Step 4: State the demand and deadline clearly
Exactly what must stop, exactly what they must do (remove, return, pay), and by what date.
Step 5: Send and keep proof
Send by email (read receipt if possible) and tracked post. Keep a copy and any delivery receipt for your records.
Related templates and guides
Questions
Is a cease and desist letter legally binding?
No — it is a demand letter, not a court order. The recipient can ignore it, but ignoring it strengthens your position if you later sue because you can show you tried to resolve it first.
Do I need a lawyer to send one?
No — you can send it yourself. A lawyer's letterhead adds weight, especially for IP infringement or serious harassment.
Can I send it by email?
Yes — email is fast and creates a record. For serious matters, also send a paper copy by certified/tracked mail.
What if they ignore it?
Follow through on the consequences you stated — file in small claims, report to the platform/regulator, or instruct a lawyer. Do not make empty threats.
Can a cease and desist be used against me?
If you send one making false claims or demanding something illegal (for example trying to silence a truthful review), it can itself be evidence of tortious interference or harassment. Be accurate.
These are general templates, not legal or tax advice. Have anything unusual reviewed for your jurisdiction.