Requirements
- Existence of a valid agreement;
- There are described performances;
- There is an event triggering a breach or violation; and
- The event causes damages.
How to Send a “Breach” Cease and Desist
A breach of contract cease and desist is sent to a party when they have not upheld the covenants of an agreement. The letter is designed as a last attempt to contact the person or company before legal charges and claims are filed. If the recipient of the letter does not respond within the letter’s time-period, the sender’s only option may be the use of local courts.
Step 2 – Gather Evidence of the Breach

For example, if a third (3rd) party is willing to make a sworn statement that describes their encounter with the breaching activity, make sure to obtain such supporting documents to help the case. The more witnesses and encounters to such an event the better.
Step 3 – Consult with Legal Counsel

For example, the legal counsel may advise that a cease and desist is not the best option and that an injunction or other legal proceedings should be sought.
Step 4 – Proceed with Action

It’s best to send the letter via Certified Mail with Return Receipt. This will document the name of the person that signed on behalf of the recipient at the address the cease and desist was sent. This is extremely useful in the court of law to show that the recipient was given proper notice of their violation.
Step 5 – Wait for a Response

Step 6 – Taking Further Action

It’s best to have acceptance, sooner than later, that if the breaching party did not respond to the cease and desist then court action may be required.