Is this letter effective and do you recommend sending it?
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Cease and Desist Demand Letter
San Diego, California, 92111-2814
August 31, 2012
[Re: Cease and desist demand.
Dear Sir / Madam:
False accusations you made against my wife and I regarding our daughter, Andrea, including False accusations of abuse are and have been outrageous.
MOREOVER, one of the accusers, Julia Ulloa of Expanding Horizons accused us of abuse that actually took place at the Expanding Horizons program. It was on the news and the perpetrator abused at least 1 other expanding horizons client. The abuser was arrested and taken in to custody at the expanding horizons program and the abuser was prosecuted. MOREOVER, Tamica Spence of the SDRC continues writing these false accusattions in her letters and making them verbally. I am considering lodging a complaint to the D.A.s Office for perjury as these accusations have also taken place in open court. MOREOVER, Developmental Services Continuum has also done the same thing, set forth above. We are currently in Limited Conservatorship litigation RE: my/our daughter, Andrea. Andreas' appointed Attorney has sort of buddy'd up to Elaine Lewis, Director of D.S.C.(unethical and reportable to the bar). If the repeated lies are a way to keep me or our friend from becoming Conservator then they are at best illegal (Perjury or Slander) or at least very, very unethical.
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This will serve as your legal notice to cease and desist all further actions described above. You are hereby instructed to comply with this letter immediately or face legal sanctions under applicable Federal and State law.
- Tony RBLv 78 years agoFavorite Answer
No, your letter needs to be rewritten as there is a mishmash of details.
For example, you say you are considering lodging a complaint with the D.A.'s office.
No no no. You say "We will file ..." as the word "will" is a strong word in legal documents.
You should have a lawyer help you draft a stronger letter; when the party that is causing you injury with their libel and slander receives a letter like yours, they will turn the letter over to their own lawyers, and their lawyer will then tell you to only talk to him about this matter.
If your lawyer sends the letter, they will still turn the letter over to their own lawyers, but the receipt of a letter from a lawyer means you are very close to suing them, much closer than if you just send a letter on your own.
Furthermore, when your lawyer sends a letter, your lawyer can also instruct the recipients they are never to contact you regarding this matter, they can only discuss it with your lawyer (who will then notify you of any details). This protects you from harassment, for if the recipients try to "get personal" by contacting your directly, they are more likely to lose a subsequent lawsuit.
If the lawyer appointed to your daughter is not performing assigned duties properly you will have to petition the court to remove the lawyer and appoint another.
It's never easy to correct problems caused by people who go wild with accusations.
You might also try a legal aid organization to see if you can get very low cost advice or pro bono help in drafting that letter.