Can I be sued for sending a cease-and-desist letter?

Also, keep in mind a cease and desist letter is not a guarantee of a lawsuit. While it is likely the person writing the cease and desist letter will say they will pursue legal action, and they may even genuinely have plans to do so, getting a cease and desist letter does not mean you will definitely be sued.

Can I send a fake lawyer letter?

Yes, it is illegal to pretend to be someone else under the circumstances you describe. The law firm should be concerned and take action if they feel it is necessary since they are being impersonated.

Can a non lawyer write a cease-and-desist letter?

Yes, anyone can send a Cease and Desist Letter. You do not need to hire an attorney to write one for you. An attorney, however, can help you determine whether your rights have been violated and if you have enough grounds to pursue legal action.

How can you tell if a cease-and-desist letter is real?

The first thing for the attorney to determine is whether the cease and desist claim is legitimate. If the other party claims you’re infringing upon their tulip logo, and your logo uses a different flower in a different color with a different slogan, chances are you’re not infringing the other party’s trademark.

Is it illegal to impersonate someone in a letter?

False personation is a wobbler under California law, meaning it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the crime is punishable by: imprisonment in the county jail for up to one year, and/or. a maximum fine of $10,000.

Can you send someone a cease and desist?

You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

Can anyone send a cease and desist letter?

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.

Do I need an attorney to send a cease and desist letter?

Since a Cease and Desist Letter is notice that you will pursue legal action against the offending party should they choose to not comply with your request, you ordinarily do not need an attorney to send the letter.

What is the difference between a cease and desist order and letter?

A cease and desist order is different from a cease and desist letter. The main difference is in terms of legality. Letters have almost no legal standing. Orders do.

How do you respond to a cease and desist notice?

Responding to a Notice. When you receive a cease and desist, you have a few options: You can agree to the letter’s demands and cease whatever behavior the letter demands you stop. You can respond with a refusal or a request for more information. You can file for a summary judgement by the courts.

Can I send a cease-and-desist letter for copyright infringement?

Whether you are experiencing harassment or infringement of your copyright, sending a cease-and-desist letter is an option available to you. They are relatively simple to write up and you don’t even need an attorney to serve them. Dealing with debt collectors, harassment or the theft of your work can be stressful.