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Received a Cease and Desist Letter? Don’t Panic — Here’s What to Do

Got a scary legal letter demanding you stop doing something? Before you panic, read this. You may be able to respond, negotiate or push back.

You open your email or mailbox and there it is — a formal letter from a lawyer demanding you “immediately cease and desist” from something. Your stomach drops. Are you being sued? Do you need a lawyer? Is this even real?

Take a breath. A cease and desist letter is not a lawsuit. It is a formal request. Here is what you need to know.

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What a cease and desist letter actually is

A cease and desist letter is a written demand asking you to stop a particular activity. Common reasons include:

  • Intellectual property — someone claims you are using their trademark, copying their content, or infringing their copyright
  • Defamation — someone claims you made false statements about them (a Google review, a social media post, a conversation)
  • Breach of contract — an ex-employer claims you violated a non-compete or confidentiality clause
  • Harassment — someone claims your contact with them is unwanted

Do you have to comply?

Not necessarily. A cease and desist letter has no legal force on its own. It is not a court order. You cannot be arrested or fined for ignoring it.

However, ignoring it entirely is risky. If the sender has a legitimate legal claim, the letter is often the last step before they file actual court proceedings. Responding shows good faith and often resolves the matter without litigation.

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1. Who is the claim or demand from?

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2. How much are they claiming?

3. Do you have it in writing?

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Your three options

  1. Comply — if the demand is reasonable and you were in the wrong, stop the activity and confirm in writing
  2. Negotiate — if the demand is partially valid, respond with a counter-proposal (e.g., “I will remove the review but deny your defamation claim”)
  3. Dispute — if the demand is baseless, respond formally explaining why you disagree and that you intend to continue
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How to respond properly

Whatever you decide, respond in writing. Your response should:

  • Acknowledge receipt of the letter
  • State your position clearly
  • Cite relevant law if you are disputing (e.g., truth defence for defamation, fair dealing for copyright)
  • Set a professional, firm tone — not aggressive, not apologetic

Do not ignore the letter and hope it goes away. Do not reply with an angry email. Do not post about it on social media.

Get your response drafted

Claim Done drafts a formal Legal Response for $49. Upload the cease and desist letter you received, tell us your side of the story, and we draft a professional response citing Australian law. Done in about 5 minutes.

If you need to send your own cease and desist letter to someone — for harassment, defamation, IP infringement, or breach of contract — we draft those too. $49 flat fee.

What changes when your answer is in writing

Same problem. What a prepared case looks like.

Before — doing it yourself
They call or write demanding payment.
You are not sure what to say, or what you would be admitting.
Their deadline gets closer.
Nothing you have said is on the record.
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After — a formal Legal Response
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It explains why, and what you propose.
It is dated, so there is a record of your position.
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Getting it drafted

Can I have a Legal Response drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Legal Response from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=legal-response. Claim Done is not a law firm and does not give legal advice.

How much does a Legal Response cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Legal Response in Australia?

No. There is no legal requirement to use a solicitor to write or send a Legal Response; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Legal Response template doesn't?

It drafts the Legal Response from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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