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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37032
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was told today that I will be receiving a hand delivered

Resolved Question:

I was told today that I will be receiving a hand delivered cease and desist letter. I guess that the actual attorney will be making the delivery. Once they arrive, they will ask for the person that they have issued the C&D to, correct? If so, is it better to sign and acknowledge the C&D or tell them that this person does not live at this address and reject the letter? Will a hand delivered C&D ever be done on a weekend, such as a Saturday? If it is during weekdays only, usually during what time?


 


In addition, they have also CC'd this letter via email to my parents and even the dean at my university. I am 22 years old, so not sure why other adults have to be involved. This leads me to believe that this is more of a scare tactic, then a follow up into a lawsuit.

Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, they will ask for either the person or their agent to receive the letter--for example if the person is married, the spouse could be served instead. Arguably even a roommate, if any, could be asked to receive the letter, although a roommate, not having a close enough relationship with the individual, would not make this notice suitable. But yes, they generally do ask to see the person who is listed on the form. As for what is 'better', lying to the process server is in itself a violation. If you are the person who is being served but you claim to be someone else, the other party could have grounds to seek further legal action against you. Signing the letter does not mean that you promise to abide by the terms, it simply means that you were on notice and received the letter. A cease and desist letter by itself has no legal 'teeth'--it is merely a threat of potential future action, but by itself it has no real power or grounds.

Service can be done on a weekend, there are some examples of quite unusual attempts as service that have been upheld. Even serving someone at night is permitted--in one situation a process server went to a bar where the individual was known to frequent, pretended interest, began chatting, and then asked for the person's name. When the person identified himself, the process documentation was submitted, and the courts ruled it as valid.

Good luck.

Customer: replied 1 year ago.

Great information. The electronic C&D that I received today requested I disclose information concerning various clients, so I take it that they are making sure I receive this C&D so that if I do not divulge the information they can pursue the case further.


 


Have you seen a case where an attorney might send C&D to relatives of the person, what benefit do they get from that especially if they already know that the person lives at X location. In my case, even my university's dean was CC'd.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Justin. Glad to help!

I have seen cases where attorneys attempt to serve others such as close family. They do this in situations where the other party is either attempting to elude service, or to cover all their legitimate steps, or to possibly intentionally obfuscate the issue and to try to get that person to receive the information late. The latter is less likely but also possible. Beyond knowing more I am just speculating.

Good luck.

Customer: replied 1 year ago.

Thank you for the answer. In my case, I have received several C&Ds from them over the year, the worst being sent by certified mail. The crazy thing is that I ceased my behavior since the last one but they just followed up with this new one indicating that I continued my actions. This leads me to believe that whatever they are using to monitor me might be inaccurate. Either way, this recent C&D is much more serious since they are demanding I divulge information and are also hand delivering it. The fact that they also emailed my parents and my college further leads me to believe that they are attempting to place fear in me since at this point that could just outright sue me if it was "worth" it.


 


Is there a way on this website where I can setup a question specifically with you and you can look over the C&D and give me a suggestion on the severity and how I should proceed?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Justin.

I am sorry but what you are seeking is beyond general information. Reviewing such letters for you may cross over into potential representation, and something I am not permitted to provide as a service. While you can request me in the future (simply start your subsequent new threads "For Dimitry..."), I really cannot act in this capacity for you. Having said that, a cease and desist letter, by itself, has no legal strength. You are free to ignore it (yes, really), you are not bound to respond to their demands, but if you fail to respond and they have a cause to file suit, they may do so.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37032
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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