Can you refuse a cease and desist letter?
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Can you refuse a cease and desist letter?
You may want to ignore a cease and desist letter, and hope that the issue will disappear on its own. However, ignoring the letter will likely lead to bigger problems. First, you will likely hear from the sender again, potentially with formal legal proceedings.
What if a cease and desist letter is ignored?
You’ll end up in a lawsuit. If you ignore a cease-and-desist letter, the next thing waiting for you could be a summons and complaint, alerting you that you’ve been officially served with a lawsuit.
Can a company send a cease and desist letter?
California has a general rule against non-compete clauses in contracts, including cease and desist letters that attempt to discourage competition. The best way forward is to seek advice from a qualified employment attorney familiar with non-compete law.
What happens if someone violate a cease and desist order?
A cease and desist order communicates to a person or company to stop engaging in illegal activities and if they do not comply by the order they will face penalties such as fines or jail time.
Who enforces a cease and desist order?
Cease and Desist Order
| A Cease and Desist Order… | A Cease and Desist Letter… |
|---|---|
| …is issued by a government agency or a court. | …can be written by anyone, typically an attorney. |
| … requires the offender to stop an activity. | …asks the offender to stop an activity. |
Does a lawyer have to write a cease and desist letter?
Yes. You don’t need a lawyer to prepare a cease and desist letter, although a lawyer will know how to write a letter that properly scares the recipient without going over an ethical line. Remember, a cease and desist letter is not legally binding like a cease and desist order from a court or government agency.
What kind of lawyer do I need for a cease and desist letter?
The short answer is no, you do not need to hire an attorney. Anyone (whether the complaint is well-founded or not) can send out a cease and desist letter. However, there are reasons why you may want an attorney who specializes in copyright laws at least review your letter before sending it out.
What happens if you dont respond to a lawyers letter?
Ignoring the letter forces the opposing party’s lawyer to do one thing – recommend that his or her client proceed to Court. The reality is that if communication is ignored, the party who received the letter can be fairly certain that they will end up in court.
What happens if you don’t respond to a lawyers letter?
What happens if the person doesn’t respond to a Legal Notice? If the person to whom the notice is sent, doesn’t respond to it in a stipulated time, then the aggrieved party files a suit in the appropriate Court of Law.