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(The following is for educational purposes only, and it should not be construed as legal advice. PayingPaul.Com makes no guarantees about the accuracy of any information included here. For legal advice, please consult an attorney or lawyer in your state).
Cease & Desist Letters
The following is a sample cease communications or cease & desist letter. Under the Fair Debt Collections Practices Act, a debt collection agency is bound to honor any written cease communication requests made by a debtor. Under this provision of the FDCPA, a third party creditor or debt collector can only contact a debtor after receiving such a letter to inform them that they intend to take a specific action or that they are terminating their collection activities on the account. Three important points to note about Cease & Desist letters:
1) They do not pertain to original creditors such as credit card companies, hospitals, etc.
2) A common collection agency response to receiving such a letter is to forward the account to an attorney, so using your cease communication rights is only advisable if you are a.) judgment proof, b.) the debt is past the applicable statute of limitations in your state, or c.) the creditor harassment is severe.
3) If you do decide that a cease and desist letter is your appropriate course of action, send the communication through certified mail. This way you have will have records that they did in fact receive the letter.
Have you considered using a debt settlement company instead? Under the FDCPA a third party creditor is obligated to contact your designated Power of Attorney, which is a fancy way of saying “your representative”, instead of you. So not only can you eliminate your debt, but it can help with the collection agency harassment and phone calls.
- - - - - - - - - - - - - - - - - - - - - - -
___________(name)
___________(address line 1)
___________(address line 2)
___________(collection agency or creditor)
___________(address line 1)
___________(address line 2)
_____________(date)
RE: _____________(account number)
To Whomever It May Concern,
Pursuant to the Fair Debt Collection Practices Act (FDCPA), found under section 1692(c), I am writing this letter for you to cease further communication with me at my residence, my place of employment, and/or any other location.
NOTE: This letter does not imply that I liability in regards to this debt.
Sincerely,
______________________________________
(name)
- - - - - - - - - - - - - - - - - - - - - - -
Again, it is always advisable to send these types of debt letters certified. In the event that any creditor calls continue, you have evidence to pursue legal action for FDCPA violations. If you win, the collection agency will be forced to pay up to $1000 in penalties for each FDCPA violation, as well as reasonable attorney fees.
Cease & Desist Letters
The following is a sample cease communications or cease & desist letter. Under the Fair Debt Collections Practices Act, a debt collection agency is bound to honor any written cease communication requests made by a debtor. Under this provision of the FDCPA, a third party creditor or debt collector can only contact a debtor after receiving such a letter to inform them that they intend to take a specific action or that they are terminating their collection activities on the account. Three important points to note about Cease & Desist letters:
1) They do not pertain to original creditors such as credit card companies, hospitals, etc.
2) A common collection agency response to receiving such a letter is to forward the account to an attorney, so using your cease communication rights is only advisable if you are a.) judgment proof, b.) the debt is past the applicable statute of limitations in your state, or c.) the creditor harassment is severe.
3) If you do decide that a cease and desist letter is your appropriate course of action, send the communication through certified mail. This way you have will have records that they did in fact receive the letter.
Have you considered using a debt settlement company instead? Under the FDCPA a third party creditor is obligated to contact your designated Power of Attorney, which is a fancy way of saying “your representative”, instead of you. So not only can you eliminate your debt, but it can help with the collection agency harassment and phone calls.
- - - - - - - - - - - - - - - - - - - - - - -
___________(name)
___________(address line 1)
___________(address line 2)
___________(collection agency or creditor)
___________(address line 1)
___________(address line 2)
_____________(date)
RE: _____________(account number)
To Whomever It May Concern,
Pursuant to the Fair Debt Collection Practices Act (FDCPA), found under section 1692(c), I am writing this letter for you to cease further communication with me at my residence, my place of employment, and/or any other location.
NOTE: This letter does not imply that I liability in regards to this debt.
Sincerely,
______________________________________
(name)
- - - - - - - - - - - - - - - - - - - - - - -
Again, it is always advisable to send these types of debt letters certified. In the event that any creditor calls continue, you have evidence to pursue legal action for FDCPA violations. If you win, the collection agency will be forced to pay up to $1000 in penalties for each FDCPA violation, as well as reasonable attorney fees.