A cease and desist letter is a used to request that a creditor or debt collector stop contacting you to collect the debt. Sending a cease and desist letter can be effective at stopping unwanted communications from a debt collector. Under the Fair Debt Collection Practices Act (FDCPA), a debt collector is prohibited from contacting you if you request in writing that they stop. If the debt collector continues to contact you after receiving your cease and desist letter, they may be in violation of the FDCPA and you may have grounds to take legal action against them.
It is important to keep in mind that even if you send a letter demanding the collection agency stops calling, the debt collector may still have the right to take legal action to collect the debt. In other words, sending a cease and desist letter or any other request to stop communications can result in a lawsuit against you. If you are unsure about your options or want to discuss the best way to resolve a debt, you may want to consider seeking the advice of a lawyer or other qualified professional.
To send a cease and desist letter, you will need to include your name, address, and the account number of the debt in question. You should also clearly state that you are requesting that the creditor or debt collector stop contacting you and explain the specific actions that you want them to stop. For example, you may request that they stop calling you at home or work, or stop sending you letters or emails.
Here is a sample cease and desist letter:
Dear [Debt Collector],
I am writing to inform you that I am demanding that you immediately cease and desist from any further communication with me regarding the alleged debt you are trying to collect. Debt collection calls are inconvenient no matter when you call or where I am at the time.
I am also demanding that you provide me with validation of the debt that you claim I owe. Under the Fair Debt Collection Practices Act, you are required to provide me with verification of the debt within five days of your initial communication with me.
Sincerely, [Your Name]
What happens if the cease and desist letter fails to stop the collection calls and letters
If a cease and desist letter does not stop the calls from a debt collector, there are a few steps you can take:
- Keep a record of the calls: Make a note of the date, time, and content of each call you receive from the debt collector. This information may be useful if you decide to take legal action.
- Consider seeking legal advice: If the calls continue despite your letter to stop calling, you may want to consider seeking the advice of a lawyer or other qualified professional. They can review your situation and advise you on the best course of action.
- Take legal action: If the debt collector continues to violate the FDCPA, you may have grounds to take legal action against them. This could include suing them for damages or seeking an injunction to stop the calls. Hire a lawyer for this. NEVER file an FDCPA lawsuit on your own.
Conclusion
It is important to keep in mind that even if a debt collector continues to call you after receiving a cease and desist letter, you still owe the debt unless and until it is resolved through payment or some other legal means. Ignoring the debt or failing to take action to resolve it may result in further legal action by the debt collector or creditor.
If you believe that a debt collector has violated the Fair Debt Collection Practices Act (FDCPA), you may want to consider hiring a lawyer to help you address the situation. A lawyer can review your case, advise you on your legal options, and represent you in legal proceedings if necessary.