eightthirty
07-19-2006, 10:20 AM
Cease and Desist Letter for Debt Collectors
The cease and desist letter has legal stature based upon the Fair Debt Collections Practices act Section 805. You can read it for yourself here. (http://www.ftc.gov/os/statutes/fdcpa/commentary.htm#805) The Fair Debt Collection Practices Act applies to both the agency and to attorneys who collect two or more debts per year. This law does not apply to the original creditor. However many original creditors will honor your request to not be called.
Please note the following. When a collection agency receives a cease and desist letter they may move the account to legal status. This means that if they intend to sue you if they can't collect on the account the cease and desist letter will prompt them to bring suit immediately. So if there is an alternative way to stop being bothered by their calls, like using an answering machine, I'd suggest that you try it first. If there is no alternative then send the cease and desist letter.
Send the letter via certified mail with a return receipt request. Keep a copy of the letter for your files. The letter may take a couple of weeks to work its way through the collection agency's system before your number is taken out of their automated dialers. Even after they receive the letter they are allowed (under law) to contact you one time to notify you or their intent.
The easiest way to personalize this letter is to copy and paste it into a word processing program.
Your Name
Your Address
City, State, Zip
(Sent via CERTIFIED RETURN MAIL with RETURN RECEIPT)
Date:
XYZ Collection Agency/Law Firm
1234 Main Street, #100
Any town, USA 10021
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.
Sincerely,
Your Name
SOURCE (http://www.ihatedebt.com)
The cease and desist letter has legal stature based upon the Fair Debt Collections Practices act Section 805. You can read it for yourself here. (http://www.ftc.gov/os/statutes/fdcpa/commentary.htm#805) The Fair Debt Collection Practices Act applies to both the agency and to attorneys who collect two or more debts per year. This law does not apply to the original creditor. However many original creditors will honor your request to not be called.
Please note the following. When a collection agency receives a cease and desist letter they may move the account to legal status. This means that if they intend to sue you if they can't collect on the account the cease and desist letter will prompt them to bring suit immediately. So if there is an alternative way to stop being bothered by their calls, like using an answering machine, I'd suggest that you try it first. If there is no alternative then send the cease and desist letter.
Send the letter via certified mail with a return receipt request. Keep a copy of the letter for your files. The letter may take a couple of weeks to work its way through the collection agency's system before your number is taken out of their automated dialers. Even after they receive the letter they are allowed (under law) to contact you one time to notify you or their intent.
The easiest way to personalize this letter is to copy and paste it into a word processing program.
Your Name
Your Address
City, State, Zip
(Sent via CERTIFIED RETURN MAIL with RETURN RECEIPT)
Date:
XYZ Collection Agency/Law Firm
1234 Main Street, #100
Any town, USA 10021
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.
Sincerely,
Your Name
SOURCE (http://www.ihatedebt.com)