Inside Musa Mseleku's 'cease and desist' letter to Queen Lolly A cease and desist letter (also known as a notice to stop letter, or a demand letter) is a legal document used to inform a person or party of your formal notice requesting them to stop a behaviour or activity that infringes on your legal rights. This sounds like a violation of the U.S. Fair Debt Collection Practices Act, but I would need to know more to say conclusively. Hi Aaron, How To Serve a Cease and Desist Letter Penalties for violating a cease and desist order may include: Courts and government agencies typically issue a cease and desist order in response to a lawsuit or other legal filing. Dear Ms. Suich: We are writing on behalf of our client, Empowerly College Counseling (hereinafter "Empowerly" or "Company") with regard to certain obligations you owed and continue to owe to Empowerly. A cease and desist order is given by a judge to order a person to stop a certain act. Can an employer fire me for this? I have tried to disassociate myself with this person in all facets of life, after I found out they were making up malicious rumors about me. Can we do that without naming or outing the sources who have told us about what she is saying? Key Takeaways. The company is US based, and I have decided that it is in my best interest to pursue legal remedies including but not limited to an injunction to take take down the website from (a) the internet service provider and (b) the company of which distributes, publishes, and extorts my information on the internet. it is a member of the coronavirus family and like other coronaviruses, it is common in different species of animals including camels, cats, and bats. Issuing a cease and desist letter is the first step to getting the offending party . You can use this document to alert the party in question, letting them know they are infringing on your rights and that there may be legal consequences if they fail to stop. Our firm would be happy to help with FDCPA violations, and for these cases, we work on contingency, so we dont get paid unless we get money for you. You write and send this letter to the person spreading lies about you or threatening to do so. I would hesitate to give any advice regarding your situation without knowing all the details, so the only advice would be to see an attorney if the problem gets serious enough to justify the cost of an attorney. Your grandmother can, of course. Thank you in advance for your help. Our competitor company strongly promotes her, even though she is not technically their employee. Musa and his son Mpumelelo trended on social media after Queen Lolly claimed she shared the same bedroom with one of the Mselekus. A cease and desist from you doesn't do anything, and you can't take any action to stop them from calling your grandmother. 25+ Effective Cease and Desist Letter Templates [Guidelines] Depending on the situation, writers will include evidence of the behavior and specify what law was violated. The right to create any derivative products based on the original work. Cease and Desist: Everything You Need to Know - UpCounsel Should we send a cease and desist letter? The debt they are trying to collect is not your debt. Thank you! Her manager got on the phone and said that I stoled the furniture and I told that I didnt and people within the company had been emailing me but Ive been responding to them with new contact information and everything but still, the merchandise was never pick up. However, a cease and desist letter could be sent to an accomplice, who may be unknowingly aiding or abetting the illegal act. If you do, then you should consider requesting a restraining or protective order (or whatever it's called in your jurisdiction), and ask the court to set a minimum distance for the perso. Because litigation can be time-consuming and incredibly expensive for everyone involved, including you, most individuals and businesses adhere to the request of a Cease and Desist Letter and stop the questionable action or behavior, frequently unaware that a legal violation was taking place. 40 Effective Cease and Desist Defamation Letters TemplateLab How well are you at handling matters of intellectual property? A cease and desist letter is just what it sounds like a letter. and an M.F.A in creative writing and enjoys writing legal blogs and articles. This letter or letter may be used as a formal request to get them to stop using your material. . Mention the Details of the Parties. Yes, a cease and desist letter is an appropriate first step. Im Aaron Hall, an attorney in Minneapolis, Minnesota. If the addressee of a C&D, complies; is it customary to also expect to request a settlement out of court? Musa Mseleku's lawyers have reportedly issued a "cease and desist" letter to Queen Lolly following her comments. "Our offices . Cease and desist letters are sent when someone wants another party to cease their illegal activity without having to escalate the situation by bringing legal action in court. That could mean that you have a. Would a cease and desist letter be applicable in this situation? Do i need an attorney for a cease and desist letter? The owner also wants the three of us to sit down after she talks to her. CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT. What can i sew them with and how would they put a dollar amount on this. defamation ), usually because it represents a breach of contract or an infringement of some other right. You could sue for defamation or have an attorney send a cease and desist letter. Recommendation please, and thank you. What do you suggest? If you're suffering from harassment, sending a Cease and Desist Harassment Letter is one way to protect yourself from your violator. You should contact an attorney immediately. Is that correct, and do you have any advice as I move forward? I have left 9 months ago and one client just got his and called me to ask if I had gone back? She performed the work and was paid; however, now she has found her work on another graphic designers website and he is claiming it as his own, using it as an example of his work to strum up business. The recipient of your professional letter is the third party who has done you wrong, so to speak. I help pay bills for an 89 yo friend with macular degeneration. While certified mail is the best option, you can also serve the letter via email, through an attorney, or have it delivered in person. However, there may be a better way to resolve many conflicts besides a cease and desist letter. Thank you. When I was out having dinner with my mother, he stole all my gold and diamond jewelry and refuses to give it back. This act was retaliation of when I told the Group Manager about illegal things that they were doing on the job. So in any case where someone is violating a law (your legal rights), it is appropriate to do a cease and desist letter. When a company or individual owns the copyright to a protected work, there is substantial value in guarding its use. Consult an attorney if you need legal advice about a creditor's possible . I want to know if I can do something about this since its in print. The letter should reveal the grounds of the claim and the infringing party's right to cure the issue. I have a daughter to raise, I have a disability and I need to work before me and my daughter become homeless. If you are concerned about it, I recommend you see an attorney to analyze the circumstances. Hi Aaron, If that doesnt work, legal action may be necessary. Minneapolis, Minnesota 55418. The purpose of a cease and desist letter is to warn someone to stop illegal conduct. Weve responded to your question here: http://minnesotalawyer.com/can-i-sue-my-former-employer-not-giving-good-reference. Art, design & production templates (dieline, bleeds & trims) were used by a printing company in the commercial production of printed pieces for which they were paid. What type of slander? I used to own a website domain for my restaurant, which I had bought from Godaddy. I went to the girl in charge and she took some of the charges away and I paid what we agreed on. Help! Any advice would sure help. I am now exposed to fraud, identity theft, even burglary or any kind of random abuse really. According to the internet and European law, I can ask google to remove the search results, but I cannot remove the actual info from the website it is hosted on without writing up a cease and desist email to the webmaster responsible for that content. His response to the cease and desist letter is inadmissible as evidence if the matter goes to trial. deeds, wills, testaments, and other legal documents related to Business, Estate, Real Estate, Family, and Financial matters. Second, it may show bad faith as opposed to good faith. This applies to URLs as well. If they do not halt the illegal actions that infringe on your trademark, you always have the option to follow up on your legal threat and file a lawsuit against them. A debt collection Cease and Desist Letter typically includes information related to the Fair Debt Collection Practices Act (FDCPA), also known as 15 USC 1692. Common uses for a cease and desist letter A Letter To Stop Debt Collection Harassment - Rocket Lawyer All Takhar Group can tell me is my first and last name and my home address, which have not lived in for 5 years. What are some common mistakes made when making a cease and desist letter? I have an established website (www.saratogamama.com) and an LLC with a DBA filed for SaratogaMama. I +1d this but I dont see where to download it. A cease and desist letter is a letter that lets another party know that you consider their conduct harmful and unlawful. So as you can see, there are all sorts of illegal conduct where you could be asking somebody a cease and desist. Well, couple things. I am an adult, living with my father. My uncles are also pressuring him to kick me out of the house. The designer refused to do that as he stated, he did not create the image and owns no rights to it and only I do. You write and send this letter to the person spreading lies about you or threatening to do so. She did something the other day to another co-worker who got really upset over it. Performance & security by Cloudflare. In the event you fail to meet this demand, please be advised that [CLIENT] has asked us to communicate to you that it will contemplate pursuing all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorneys fees. Thanks! I assume that C&D is the best option to use for these other bands? That person may have committed slander or libel and is answerable to you in court. Would you recommend sending a C&D for this? After you send a Cease and Desist Letter, you should wait for a response from the offending party. Click to reveal For example, taking to social media to . Also on a forum regarding our business, she is saying things about me, the business, how I ran it that are less than flattering and not true. The cease and desist does not need to be sent in good faith. The illegal activity or behavior must cease. Dawn Carbone-McDonald mails 'cease-and-desist' letters to North PDF VIA U.S. AND ELECTRONIC MAIL Angie Suich 2054 Magnolia Parkway This is a formal motion in which both sides will be able to brief the court. 9+ Cease and Desist Letter Examples - PDF Under United States copyright law, [CLIENT NAME]s copyrights have been in effect since the date that [CLIENTS COPYRIGHTED WORK] was created. In general, there is nothing illegal about a creditor contacting a debtor about collecting on a debt. These are criminal issues & police do not intercede.

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