Sample Cease & Desist Letter

[chane]

Send the letter via certified mail with a return receipt request. Obtain PS Forms #PS3800 & PS3811 from your local Post Office.

Keep a copy of the letter for your files. Send out the letter within 30 days of the first contact by the collection agency/ collection attorney. The law applies to both the agency and to attorneys who collect two or more debts per year. They are allowed (under law) to contact you one time, after receipt of the letter, to notify you or their intent.

Debt buyers (scavengers) are subject to the law in spite of their assertions that since they bought the debt, they are not the collector. WRONG!!! They ARE a debt collector, subject to the law.

Send the letter, it's legal and it works!


[Name]
[Address]
[City, ST ZIP]

(Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT)

[Date]

[Collection Agency or Law Firm's Name]
[Address]
[City, ST ZIP]

Re: File #0000000 - ABC Bank - #4445566778899000 -For: $5555.55

Dear Debt Collector /Debt Collector Attorney:

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.

If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.

I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.

You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

This is an attempt to make a debt collector obey the law. Any information obtained, will be used for that purpose.


Sincerely,


[Name]

[debt buyer]

so nice of you to aid and abed people looking to escape their financial obligastions

[chane]

Aiding and abetting are usually words used to describe an accomplice involved in criminal activity. I am teaching people their legal and civil rights.

Anyway, it's so nice of debt buyers to belittle, dehumanize and harass people who are unable to pay their debt.

[ignorant_debtor]

I can see speaking like this if you have the upper hand, but I can also see this being used in a law suit against you.

[chane]

The FDCPA and other laws gives you the upper hand. Not to mention your right to file bankruptcy.

A collector wants to sue? I tell them to go ahead and sue! But if I lose, I will file bankruptcy so they won't see a dime. So, they can either cooperate with me or they can f' off.

I think like the plaintiff, not the defendant. Debt collectors are bottom feeders. They have chosen to make their living by making others miserable. They are the scum of the earth. I'll be damned if they are going to harass me in any way, shape or form. But, that's just my opinion.

As a consumer living in the United States, you have so many rights. Take the time to browse federal laws like the FDCPA and consult with attorneys. Spend time at forums such as this one and learn how to stand up for yourself. You will see that there are many alternatives then having to deal with their bullshit.

[Huntet02]

Originally Posted by chane

Send the letter via certified mail with a return receipt request. Obtain PS Forms #PS3800 & PS3811 from your local Post Office.

Keep a copy of the letter for your files. Send out the letter within 30 days of the first contact by the collection agency/ collection attorney. The law applies to both the agency and to attorneys who collect two or more debts per year. They are allowed (under law) to contact you one time, after receipt of the letter, to notify you or their intent.

Debt buyers (scavengers) are subject to the law in spite of their assertions that since they bought the debt, they are not the collector. WRONG!!! They ARE a debt collector, subject to the law.

Send the letter, it's legal and it works!


[Name]
[Address]
[City, ST ZIP]

(Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT)

[Date]

[Collection Agency or Law Firm's Name]
[Address]
[City, ST ZIP]

Re: File #0000000 - ABC Bank - #4445566778899000 -For: $5555.55

Dear Debt Collector /Debt Collector Attorney:

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.

If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.

I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.

You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

This is an attempt to make a debt collector obey the law. Any information obtained, will be used for that purpose.


Sincerely,


[Name]

This letter is great but Original debtor won't work with me(refuses)...what now

[bakersfieldcredit]

I have a question, I had hired a credit repair guy...(ripped me off and got me into a mess...) any way he sent a cease and desist letter to all creditors. Now I am wanting to just pay the debt, they wont talk to me or send me a bill, I even asked if they would send me a paper saying how much I owe and I would pay it in full, they said no, we cannot send you anything... now what?

[sense]

Will this letter work to send to a creditor who is calling my boss at work? Its not a collection agency its the original creditor.

Any help is greatly appreciated,

Thanks,
Vince

[ignorant_debtor]

You don't even need a letter like that. All you need to do is formally write that they do not contact you by phone. Get the letter sent certified and keep your receipt. The idea about the law is that if you ask them to stop phone communication then they have to do so. So, to answer your question, send them a letter, word it the way that pertains to your situation, and if they don't stop, they are violating the law. It doesn't matter if it's an OC or a debt buyer. Just send them a letter that says something like I am now evoking my rights and demand that you do not phone me or any other about this debt. Really word it the way you want. If you want to be contacted about a deal, then ask that they only call you if they have a legitimate reason to do so or for any offer to settle your debt. Just think about what you need and write the letter as an honest attempt. You do not need to let them know that you know the laws and blah, blah, blah.

[Lian]

Cease communications letters under FDCPA 605(c) only apply to debt collectors. They do not apply to original creditors, with one exception.

Neither the FCRA nor the FDCPA impose any restrictions on original creditor collection practices, unless their collection practices are coming from an in-house collection department.

Communications from an in-house debt collector fall under the provisions of the FDCPA if they are using a name that does not imply that they are the original credit. See FDCPA 803(6). It is all just in the name they use.

If they are considered a debt collector, you can send them a cease communications letter under FDCPA 605(c). If the communications are coming from the OC themselves, you cannot.