QUESTION
I have received a Cease and Desist letter with no specific offending actions besides harrassment. No examples cited. No stated deadline. Help!
Asked on Jan 14th, 2020 on Civil Litigation - Virginia
More details to this question:
Sent via UPS standard mail from the Reed Law Firm in Manassas. The letter claims we, my wife and I, have been harassing and abusing our next door neighbors. There are no specific actions, dates, or persons involved. There is no detailed reponse or action deadline. It is simply a Cease and Desist letter with no indication of what is to be ceased. We'd like to respond via a legal representative in a way that will refute the claim and seek specifics with a deadline. I am unsure if seeking a summary judgement is necessary, but we do not want to live with this vague accusation hanging over our heads.
1 ANSWER
A "cease and desist letter" is simply a letter. It has no force of law. It's not an Order from a Judge, or even a lawsuit, therefore there is no proceeding in which to seek summary judgment, nor are you obligated to comply. No action is required. Theoretically you could start an action seeking a declaratory judgmetn that you have not been harassing your neighbor, but if all that has happened is that you've received a letter from a lawyer, starting a lawsuit seems like an unwarranted escalation which will cost you time and money.
Answered on Jan 15th, 2020 at 3:38 PM