How to Use a Cease and Desist Letter to Stop Slander and Libel

A cease and desist letter is a written order to an individual or company to stop doing an action(s). Slander and Libel are both forms of defamation where a party spread lies verbal or written about someone else. The rumors or lies have to be proved harmful to a person’s or business reputation to be considered defamatory.

A Cease and Desist letter can be used to try to stop the person from spreading the false statements and to force him to retract. Cease and Desist letters can be used in cases of internet defamation, work defamation, or false statements made in court papers. This communication is generally used before filing a formal law suit against a party. Use these steps to prepare a Cease and Desist letter to stop defamation.

Difficulty: Moderate

Instructions

1. Get the facts together. Put together a list of instances verbal and written when the person spread false statements, rumors or lies about you or your business. Write down dates, places, name of individuals and description of the statements made. If the statements were written obtain copies.

2. Decide to write the Cease and Desist letter yourself or to contact a lawyer. This decision depends on the severity of the false statements and on the type of actions you are demanding. If you are losing business or your job because of the lies securing a lawyer may be the best alternative. If the false statements are not causing harm yet; but have the potential to become more harmful you may want to prepare this letter yourself.

3. Write the Cease and Desist letter yourself. There are many free templates online. You can also use a plain letter format and make sure to include all applicable details.
   
   1. Include sender and recipient information in the letter head; names and address. In the reference line write the words: “Demand to Cease and Desist ”. Date the letter.
   
   2. Request the party to stop making the false statements and describe each statement.
   
   3. Describe how each false statement affects your business, job and reputation.
   
   4. Inform the party that if the actions are not stopped and retraction is taken you will file a law suit.

4. Contact a lawyer with experience in defamation cases. Make sure to have all your factual details written since an attorney will need them to prepare the Cease and Desist letter. Use your state or county’s bar associations or look online to find local attorneys. Perform due diligence on the attorney. You may have to use this lawyer in a possible law suit if the person doesn’t cease and desist as ordered.