When an individual is in debt, a myriad of questions tickle their mind, and one of the most common questions is – “Can a consumer in debt tell a debt collector to stop calling?” Receiving regular phone calls from a debt collector is sufficient to try the patience of a saint. Frustrating, right? Thanks to Section 805 (c) of the Fair Debt Collection Practices Act (FDCPA)! The law gives an individual the right to ask a debt collector to stop contacting you.
If you’re facing the same situation, you might be more interested in delving into this concept. This piece of content covers the complete guide to writing a cease and desist letter debt collector and help you get started. Such a small step gives an individual the power to sue the collector for harassment if they keep communicating with them.
Read on.
First, let’s start with the basics.
What is a Cease and Desist Letter?
A cease and desist letter is a form of written communication sent directly to the debt collector to formally request to stop calling you about a debt. This type of letter includes your personal contact information and account number in order to avoid confusion about what debt you are referencing. Shedding more light on the fact, the Fair Debt Collection Practices Act (FDCPA) states that once the request is made not to be contacted by a debt collection agency or collector, they must cease all further contacts.
But simultaneously, it does not mean that this practice will completely halt the debt collector’s attempts. They still have a right to sue you for the amount you owe. People in debt take such a step forward when no avenue is left.
When the request is successfully made to a debt collector, they may contact you one more time. They may call or write in two cases- first, to notify you that they will no longer contact you, and second, to respond to your questions. If you are contacted for any other reason, it would be counted as an FDCPA (The Fair Debt Collection Practices Act) violation and they have to bear the legal penalties.
Although there are several ways a debt collector can contact you, a written cease and desist letter is still a powerful tool to rely on to avoid consistent phone calls from debt collectors regarding your debts.
Learn How to Write & Send a Cease & Desist Letter Step-by-Step
The following steps will help you write the letter and achieve your goals. Enjoy a look-
Step 1: Gather the Documentation Required
The first step on our list is to gather all the necessary documents to fill in the letter. You can find the Cease and Desist Letter Debt Collector templates online that will make the letter-writing process as easy as saying one-two-three. Whether you’re filling in the template or writing on paper, both require the documentation, including-
1. The business name and physical address of the debt collector
2. The account numbers listed in the collection notices
3. You can simply access the debt collector information on any correspondence they have sent you earlier.
Make sure the whole information you are adding in the letter is the same as the debt collectors. Never include the original account numbers unless the debt collector hasn’t included them in their correspondence to you. If you provide more information than the debt collector, there is a high chance that they can use it against you in court. If they have incomplete information or records, they will be unable to achieve success in the case.
Whenever you speak with an agent from a debt collection agency, make sure you control your words. It is good to have a short and focused conversation with them. If they sense that you owe a debt, you will indirectly reboot the whole program on the statute of limitations. This way, you’re giving them more time to harass you.
Step 2: Choose and edit the template
Today, innumerable cease and desist letter debt collector templates are available over the internet, making the letter-writing process a matter of a few clicks. You can simply tour several appropriate docs and choose the one that best fits your situation. Add the required information in the template and sentences if needed. While modifying the template, make sure it has a formal tone with clear and concise writing.
Step 3: Send your letter
The last step is to send a letter by certified mail that allows you to raise a request for a valid physical receipt in return. This whole practice may slightly cost higher than other means. But there are a number of perks associated with it that entitle a wise move from your side. Once the collector receives the letter via mail, you will receive a notification.
The End Results
When you send a letter via certified mail, you will receive a return receipt in three to ten business days. It will be the last time you will contact the debt collector. Once the debt collector receives the letter, they can’t contact you more. They are now legally required to stop contacting you and worrying about those debt collection calls.
If you continue to receive calls regarding debts or the debt collectors does not cease the contacts, you have a right to file a debt collection complaint with the CFPB and your State Attorney General’s office. Or else, you can sue the debt collector in civil court for collector harassment. As a consumer, you need to be well-versed in your rights to make the right call at the right time.
Wrapping Things Up
So, this is all about wiring a cease and desist letter debt collector. Although there are several other ways to handle consistent calls from debt collectors, writing a cease and desist letter is considered a smart move to avoid annoying calls regularly. Don’t let the debt collector troubles harm your peace of mind. Play smartly, choose a cease and desist letter template online that suits your situation and make a request today!
