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  #1  
Old June 13th, 2003, 12:02 PM
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Cease and Desist letter, misspelled name, still valid?

If you receive a cease and desist letter with your name incorrect,
is it still valid?

I just received one for 'Ronald', when my name is legally 'Ronnie'.

Does this invalidate the letter?
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Old June 13th, 2003, 12:08 PM
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I wouldn't bank on it, and I sure as heck wouldn't take advice from a non-lawyer.

Unless you can make a strong case that it's for the wrong person, I would assume you're stuck. TALK TO A LAWYER. (can you tell I work with lawyers?)

Don't construe this as legal advice.

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Old June 13th, 2003, 12:12 PM
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I've been trying to contact my lawyer all morning, to no avail.

I was just killing time...

Ty

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Old June 13th, 2003, 02:27 PM
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Unfortunately it was certified and someone already signed for it.
I didn't notice the name until after I opened it.

I can't get into the particulars of the subject, but it has to do
with alleged breach of contract. There is no contract so I don't
know...

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Old June 13th, 2003, 06:51 PM
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Most likely it is valid, the difference is pretty minimal, and it is a pretty good guess on their part that this was your given name and that Ronnie would be a nickname.

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Old June 14th, 2003, 02:25 PM
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Actully, depends on your state's laws. However, it can be argued, that since the name on the letter was incorrect, that it may not be vaild. I know for search warrents, if the name is mispelled they are not vaild, same with arrest warrents.
However, oftentimes they just go before a judge and get the a warrent for the correct name. Same with this, they change the name and send it to you again.

Its funny, but often times in law, a minor mistake like that will invalidate it, however they will send another.

Also it depends, is the cease and desist against you personally or your company? If it is against a seperate entity, such as your company or website, then its valid, even if they misspelled the point of contact's name.

Anyway, rule of thumb would be to remove or stop doing what they ask and replace with a message like "This XXXX was served a cease and desist. We have chosen to do XXXX until further legal counsil is consulted" and leave at that.

Cheers

Last edited by kfickert : June 14th, 2003 at 02:42 PM.

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Old June 14th, 2003, 03:48 PM
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IANAL - don't misconstrue what I say as legal advice.

I think you'll be unpleasantly surprised at how flexible the law can be in the hands of a smooth talking lawyer. I don't claim to know if it is or is not valid, but I can tell you that I got smacked big time once because I thought "oh - well I'll be just fine because of XYZ technicality". I had a contract that set forth all sorts of stipulations as to how to deal with payments blah blah. The other guy wrote a bunch of stuff on it that clashed directly with the rest of the contract, but it didn't matter. We went before a JP and I got hammered because she ignored the original portion of the contract and only read what he wrote on it. Get a lawyer and deal with it from there.

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