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NSW Can I Send a Self-Written Cease and Desist Letter?

Discussion in 'Defamation Law Forum' started by Avraham, 23 June 2016.

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  1. Avraham

    Avraham Active Member

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    I have a few law graduate friends who have been ever so helpful to me in dealing with a possible legal issue. While they have given me informal, friend-to-friend advice, I have not engaged in a proper lawsuit yet.

    My law graduate friends provided me with a Cease and Desist Letter to stop another person from harassing me. I altered it slightly to suit my situation. However, it has no firm's letterhead and isn't from a lawyer. It is directly from me, but written by my law friend.

    One of my friends advised this was sufficient to provide to the other party if they continue the harassment. Not that I discredit him at all, but is this true? Can any normal Joe write his own Cease and Desist letter and give that to someone else, even if lawyers aren't yet involved?
     
    #1 Avraham, 23 June 2016
  2. Rod

    Rod Well-Known Member

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    Yes.

    The advantages of a letterhead from lawyers is that it provides evidence of how serious you are in wanting them to 'cease and desist'. Shows you've already spent money and are therefore likely to spend more getting them to cease and desist. And you will have evidence from a lawyer saying the letter was sent to the other party if the matter goes to court.

    You should probably send your letter by registered post.
     
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    #2 Rod, 23 June 2016
  3. Sophea

    Sophea Well-Known Member

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    Yes, you can. Sometimes a letterhead can add weight but not necessary by any means.
     
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    #3 Sophea, 26 June 2016
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