How to Respond to a Cease and Desist Letter
Receiving a cease and desist letter can be unsettling, but how you handle the first few days matters more than the letter itself. A calm, deliberate response protects you; an angry or rushed one rarely does.
Here's a step-by-step way to respond, and the common mistakes to avoid.
Key takeaways
- Stay calm, don't retaliate, and don't admit fault before you understand the claim.
- Note the deadline, preserve all related evidence, and evaluate whether the claim has merit.
- You can comply, negotiate, dispute it in writing, or get a lawyer — depending on the stakes.
First steps
Before you decide anything, slow down and protect your position:
- Stay calm and don't ignore it — note any deadline in the letter.
- Don't retaliate or contact the sender in anger.
- Preserve all related communications and evidence; don't delete anything.
- Don't admit fault or make promises before you understand the claim.
Weigh your options
Once you understand the claim, you generally have four paths:
- Comply — if the demand is reasonable and stopping costs you little, this is often simplest.
- Comply in part — stop what's clearly a problem while disputing the rest.
- Negotiate — propose a resolution that works for both sides.
- Dispute — respond in writing explaining why you disagree.
When to get a lawyer
Get advice when the stakes are high
- The letter involves significant money or a business dispute.
- It concerns intellectual property or serious defamation claims.
- It threatens litigation, or you're unsure how exposed you are.
Have an attorney review it before you respond in these situations — a few hundred dollars of advice can prevent a much larger problem.
Ready to write yours?
Answer a few questions and download a professional, effective letter built from attorney-reviewed, legally compliant templates.
Start your letterThis article is general information, not legal advice, and does not create an attorney-client relationship. Laws vary by state and situation — for a specific legal problem, consult a licensed attorney in your jurisdiction.