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.
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.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is the claim or demand from?
2. How much are they claiming?
3. Do you have it in writing?
Your result is ready. Where should we send it?
Your three options
- Comply — if the demand is reasonable and you were in the wrong, stop the activity and confirm in writing
- Negotiate — if the demand is partially valid, respond with a counter-proposal (e.g., “I will remove the review but deny your defamation claim”)
- Dispute — if the demand is baseless, respond formally explaining why you disagree and that you intend to continue
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.